Section 653.802  Specific Conditions and Installation Procedures

a)         Complete removal of the cross-connection or installation of an approved cross-connection control device is required for control of backflow and back-siphonage.

b)         Cross-connection control devices shall be installed in accordance with the manufacturer's instructions.

c)         Cross-connection control devices shall be inspected at least annually by a person approved by the Agency as a cross-connection control device inspector (CCCDI).   The inspection of mechanical devices shall include physical testing in accordance with the manufacturer's instructions.

d)         Requirements for Cross-Connection Control Device Inspector Approval

1)         Each applicant for cross-connection control device inspector (CCCDI) approval must meet the following qualifications:

A)        Must meet the qualifications to inspect plumbing and plumbing systems as described in the Illinois Plumbing License Law (Ill. Rev. Stat. 1983, ch. 111, par. 1103(1)), and provide proof of qualifications in writing on the application form provided by the Agency.

B)        Must complete and submit an application for CCCDI Approval at least thirty days prior to the examination date.  Examinations shall be held not less frequently than annually.  The application must be made on forms provided by the Agency, available at the headquarters and all regional office locations. Applicants shall be notified in writing of their status of eligibility. Notice of eligibility shall include an examination schedule and location.

C)        Must submit the examination eligibility notice to the examination proctor before being admitted to actual testing.

D)        Must successfully complete both written and performance examinations demonstrating understanding of the principles of backflow and back-siphonage, and the hazard presented to a potable water system; identifying locations which require installation of cross-connection control devices; identifying, locating, inspecting, testing, maintaining and repairing cross-connection control methods and devices in-line, as located throughout each system which connects to a community public water supply.

E)        Must successfully complete the written examination with a score of 75% minimum.

F)         Must successfully complete a performance-based examination by demonstrating competency in testing device procedures on all types of devices at the examination center.

G)        Review of the written examination will be available at the test site on the day of examination.

H)        An applicant who does not agree with the Agency review of his application qualifications may write to the Agency to request that the application be presented to the Water Supply Advisory Board.  The Advisory Board shall review the application and shall review the application and shall make a recommendation to the Agency for reconsideration or confirmation of the Agency evaluation.

2)         CCCDI's must meet the renewal requirements of Ill. Rev. Stat. 1983, ch. 111, par. 1113(l), and must renew the CCCDI Approval each year, between May 1 and May 30.  An application for CCCDI renewal will be sent by the Agency, and must be completed and returned by May 30 of the renewal year.

3)         A CCCDI Approval or admission to examination for CCCDI Approval shall be suspended, revoked or not issued by the Agency for any one or more of the following causes:

A)        Practice of any fraud or deceit in obtaining or attempting to obtain a CCCDI Approval, including misrepresentation of approval;

B)        Any repeated, flagrant or willful negligence or misconduct in the inspection, testing or maintenance of cross-connection control devices;

C)        Falsification of reports required by these rules;

D)        Willful violation of the Environmental Protection Act or any rules thereunder.

4)         Suspension/Revocation Procedures

A)        The Agency may initiate the suspension/revocation procedure.

B)        Any person may initiate the procedure for suspension/revocation of any CCCDI by filing a sworn written complaint with the Agency. If the Agency determines that the complaint is duplicitous or frivolous, it shall notify the person filing the complaint but shall take no further action.

C)        The decision to institute suspension or revocation shall be based upon the seriousness of the violation and its potential deleterious impact upon public health and safety.  Examples of cause for suspension include but are not limited to:  failure to comply with proper reporting procedures as described in Section 653.802(e)(2), (3) and (4) below; incomplete or improper testing procedures; examples of cause for revocation include but are not limited to:  falsification of records; negligence, incompetency or misoperation which results in or could result in a potential or actual health hazard; fraudulent representation of credentials; attempt to obtain CCCDI approval using fraudulent methods; repeated violations meriting suspension.  When the suspension/revocation procedure is warranted, the Agency shall notify the CCCDI by certified mail that suspension/revocation is being sought.  Such notice shall specify the cause upon which suspension/revocation is sought and include the procedures for requesting a hearing before the Agency.  Request for hearing must be made in writing 14 days following receipt of the Agency's certified notification.  If no hearing is requested, the Agency will effect the suspension/revocation on the 15th day.

D)        Should a hearing be requested, the Director shall appoint one or more Agency employees to chair the proceedings.  The hearing shall be conducted in accordance with hearing requirements of Sections 10-25 through 10-65 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1010-25 through 1010-65).

E)        The Director shall make a decision within 30 days after receiving the hearing transcript.  The Director shall give written notice of that decision and reasons for the decision to the CCCDI by certified mail.

F)         Within 30 days of receipt of a notice of suspension/revocation from the Agency, the CCCDI may appeal the suspension/revocation to the Pollution Control Board.  The suspension/revocation of the CCCDI's Approval shall be stayed pending a final decision on the appeal by the Pollution Control Board.

e)         Testing and Records

1)         Each device shall be tested at least annually or more frequently if recommended by the manufacturer.

2)         Records submitted to the community public water supply shall be available for inspection by Agency personnel in accordance with Ill. Rev. Stat. 1983, ch. 111 1/2, par. 1004(e).

3)         Each device shall have a tag attached listing the date of most recent test, name of CCCDI, and type and date of repairs.

4)         A maintenance log shall be maintained and include:

A)        date of each test;

B)        name and approval number of person performing the test;

C)        test results;

D)        repairs or servicing required;

E)        repairs and date completed; and

F)         servicing performed and date completed.

f)         Cross-connection control devices located in the treatment plant, wellhouse or booster station of a community public water supply facility shall be inspected at least annually by either an approved cross-connection control device inspector or by a certified water supply operator trained for testing, installation, repair and maintenance of cross-connection control devices.

1)         Records must be kept as required by Section 653.802(e) above and must be signed by an approved CCCDI or a certified water supply operator who has successfully completed a cross-connection control device inspection training program conducted by the Environmental Resources Training Center (Ill. Rev. Stat. 1983, ch. 144, par. 691 et seq.).

2)         Certified water supply personnel who successfully complete Environmental Resources Training Center sponsored cross-connection control device inspection training will receive an authorization number which authorizes them to test only those devices located in the treatment plant, wellhouse or booster station of the community public water supply facility.

(Source:  Amended at 9 Ill. Reg. 17367, effective October 23, 1985)