Ill. Admin. Code tit. 35, § 611.100 - Purpose, Scope, and Applicability
BOARD NOTE: Derived from 40 CFR 141.1 (2016).
Notes
Amended at 28 Ill. Reg. 12666, effective August 26, 2004
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.
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