Ill. Admin. Code tit. 35, § 611.100 - Purpose, Scope, and Applicability

a) This Part satisfies the requirement of Section 17.5 of the Environmental Protection Act (Act) that the Board adopt regulations that are identical in substance with federal regulations promulgated by the United States Environmental Protection Agency (USEPA) pursuant to section 1412(b), 1414(c), 1417(a), and 1445(a) of the Safe Drinking Water Act (SDWA) ( 42 USC 300g-1(b), 300g-3(c), 300g-6(a), and 300j-4(a) ).

b) This Part establishes primary drinking water regulations (NPDWRs) pursuant to the SDWA, and also includes additional, related State requirements that are consistent with and more stringent than the USEPA regulations (Section 7.2(a)(6) of the Act). The latter provisions are specifically marked as "additional State requirements". They apply only to community water systems (CWSs).

c) This Part applies to "suppliers", owners and operators of "public water systems" ("PWSs"). PWSs include CWSs, "non-community water systems ("non-CWSs"), and "non-transient non-community water systems ("NTNCWSs"), as these terms are defined in Section 611.101.

1) CWS suppliers are required to obtain permits from the Illinois Environmental Protection Agency (Agency) pursuant to 35 Ill. Adm. Code 602.

2) Non-CWS suppliers are subject to additional regulations promulgated by the Illinois Department of Public Health (Public Health or DPH) pursuant to Section 9 of the Illinois Groundwater Protection Act [ 415 ILCS 55/9 ], including 77 Ill. Adm. Code 900.

3) Non-CWS suppliers are not required to obtain permits or other approvals from the Agency, or to file reports or other documents with the Agency. Any provision in this Part so providing is to be understood as requiring the non-CWS supplier to obtain the comparable form of approval from, or to file the comparable report or other document with Public Health.

BOARD NOTE: Derived from 40 CFR 141.1 (2016).

d) This Part applies to each PWS, unless the PWS meets all of the following conditions:

1) The PWS consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

2) The PWS obtains all of its water from, but is not owned or operated by, a supplier to which such regulations apply;

3) The PWS does not sell water to any person; and

4) The PWS is not a carrier that conveys passengers in interstate commerce.

Notes

Ill. Admin. Code tit. 35, § 611.100

Amended at 28 Ill. Reg. 12666, effective August 26, 2004

Amended at 42 Ill. Reg. 1140, effective 1/4/2018

BOARD NOTE: Derived from 40 CFR 141.3 (2016). The text of 40 CFR 141.3 is nearly identical to section 1411 of the federal SDWA ( 42 USC 300g ). On December 23, 2003 (at 68 Fed. Reg. 74233), USEPA announced a change in its policy relating to Section 1411. USEPA determined that a property owner that is not otherwise subject to the SDWA national primary drinking water standards "submeters" water, and does not "sell" water within the meaning of Section 1411(3) if the property owner meters water to tenants on its property and bills the tenants for the water. USEPA charged the State with determining whether water is "submetered" or "sold" in a particular situation. USEPA stated that eligibility for exclusion requires that the owner obtain water from a regulated water system. USEPA set forth factors for consideration to aid the State in making such a determination: the property has a limited distribution system with no known backflow or cross-connection issues; the majority of the plumbing is within a structure, rather than in the ground; and property ownership is single or within an association of owners. USEPA cited apartment buildings, co-ops, and condominiums as examples of eligible properties. USEPA further stated that it does not intend the policy to apply to a large distribution system, to one that serves a large population, or one that serves a mixed commercial and residential population. USEPA cited "many military installations/facilities" and large mobile home parks as examples of systems to which the policy would not apply.