PART 603 OWNERSHIP AND RESPONSIBLE PERSONNEL : Sections Listing

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 603 OWNERSHIP AND RESPONSIBLE PERSONNEL


AUTHORITY: Implementing Section 17 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/17 and 27].

SOURCE: Filed with Secretary of State January 1, 1978; amended and codified at 6 Ill. Reg. 11497, effective September 14, 1982; amended in R96-18 at 21 Ill. Reg. 6558, effective May 8, 1997; amended in R15-22 at 40 Ill. Reg. 6853, effective April 15, 2016; amended in R18-26 at 47 Ill. Reg. 7496, effective May 16, 2023.

 

Section 603.101  Ownership

 

a)         To assure the continued maintenance and operation of community water supplies, each supply must be under the individual direct supervision of a municipal or private corporation, an individual private owner, or a regularly organized body governed by a constitution and by-laws requiring the regular election of officers.

 

b)         The body exercising direct supervision over a community water supply must file with the Agency a statement of ownership before starting construction of any community water supply facility.

 

c)         The body filing a statement of ownership under subsection (b) is considered to be the owner of the community water supply until such time as a notification of change of ownership is received, in compliance with Section 603.105.

 

d)         The owner or official custodian and the Responsible Operator in Charge designated under Section 603.103 must be jointly accountable for the proper operation of the community water supply.

 

(Source:  Amended at 47 Ill. Reg. 7496, effective May 16, 2023)

 

Section 603.102  Administrative Contact

 

The owner or official custodian of a community water supply may designate, on forms provided by the Agency, an individual to act as agent of the owner or official custodian for all matters related to the community water supply.  The designated agent must be known as the Administrative Contact of the community water supply.  Any notice provided to the Administrative Contact must be considered notice to the owner or official custodian.  An individual's designation as Administrative Contact must remain in effect until the Agency receives written notice otherwise.  

 

(Source:  Former Section repealed and new Section added at 40 Ill. Reg. 6853, effective April 15, 2016)

 

Section 603.103  Responsible Operator in Charge

 

a)         Under the Public Water Supply Operations Act, all portions of a community water supply system must be under the direct supervision of a Responsible Operator in Charge. [415 ILCS 45/1].  

 

b)         Each community water supply, unless exempted under Section 603.104, must designate:

 

1)         one Responsible Operator in Charge who directly supervises both the treatment and distribution facilities of the community water supply; or

 

2)         one Responsible Operator in Charge who directly supervises the treatment facilities of the community water supply and one Responsible Operator in Charge who directly supervises the distribution facilities of the community water supply.

 

c)         The Responsible Operator in Charge must be a certified operator, qualified and registered in compliance with the Public Water Supply Operations Act and 35 Ill. Adm. Code 681.

 

d)         The Responsible Operator in Charge must be on the community water supply's operational staff or be providing services to the community water supply under a contract approved by the Agency under 35 Ill. Adm. Code 681.1015.

 

e)         The owner or official custodian and the Responsible Operator in Charge must file a signed statement identifying the Responsible Operator in Charge on Agency forms.

 

f)         Each individual who is a Responsible Operator in Charge for a community water supply is jointly accountable with the owner of the community water supply for the proper operation of the portions of the community water supply over which the individual has been designated as the Responsible Operator in Charge. [415 ILCS 45/1.1(a)] 

 

g)         Responsible Operator in Charge must submit to the Agency, in accordance with Board rules, consumer confidence reports, monthly operating reports, and drinking water compliance monitoring results, such as corrosion control reports and monitoring results. [415 ILCS 45/1.1(b)(3)]

 

(Source:  Amended at 47 Ill. Reg. 7496, effective May 16, 2023)

 

Section 603.104  Exempt Community Water Supply

 

Under Section 9.1 of the Public Water Supply Operations Act, a community water supply is not required to have a Responsible Operator in Charge if it:

 

a)         consists only of distribution and storage facilities and does not have any collection and treatment facilities;

 

b)         obtains all of its water from, but is not owned or operated by, a community water supply that is required to employ a Class A, Class B, Class C, or Class D community water supply operator;

 

c)         does not sell water to any person; and

 

d)         is not a carrier that conveys passengers in interstate commerce. [415 ILCS 45/9.1]

 

(Source:  Amended at 47 Ill. Reg. 7496, effective May 16, 2023)

 

Section 603.105  Notification of Change of Ownership or Responsible Operator in Charge

 

a)         Within 15 days after any change in ownership of a community water supply, the new owner must notify the Agency, on Agency forms, of changes in ownership.

 

b)         Within 15 days after any change in the Responsible Operator in Charge, the owner or official custodian and the new Responsible Operator in Charge must notify the Agency, on Agency forms, of the changes in responsible personnel.

 

(Source:  Amended at 47 Ill. Reg. 7496, effective May 16, 2023)




Section 603.APPENDIX A   References to Former Rules (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 7496, effective May 16, 2023)