Section 602.106  Restricted Status

a)         Restricted status is defined as the Agency determination, under Section 39(a) of the Act and Section 602.105, that all or part of a community water supply facility may no longer be issued a construction permit without causing a violation of the Act or Board or Agency rules.  Board rules whose violation can result in a restricted status determination include rules establishing maximum contaminant levels, treatment techniques, source water quantity requirements, treatment unit loading rates, storage volume requirements, and minimum pressure for a distribution system.

1)         When the Agency cannot issue a construction permit to a community water supply because that issuance would extend an existing violation of the Act or Board or Agency rules, the Agency must place the community water supply on restricted status. 

2)         Except as specified in Section 602.105(a)(6), the Agency must not issue a permit for water main extension construction when the water main would extend an existing violation of the Act or Board or Agency rules.

b)         The Agency must publish on its website and in the Environmental Register and update, at intervals of not more than three months, a comprehensive list of community water supplies subject to restricted status.  This list will be entitled the "Restricted Status List".

c)         The Agency must notify the owners or official custodian and Responsible Operator in Charge of a community water supply when the community water supply is initially placed on restricted status by the Agency.

d)         The restricted status list must include a statement of the potential or existing violation of the Act or Board rules that caused the community water supply's inclusion on the list.

e)         Owners or official custodians of community water supplies that have been placed on restricted status must notify any person requesting construction of a water main extension of this status.

(Source:  Amended at 47 Ill. Reg. 7449, effective May 16, 2023)