1. a) This Section implements the permit-by-rule program provided for in Section 39.12 of the Act for classes of community water supply operating permits. By fulfilling all of the requirements of this Section, a community water supply is considered to have met the requirements for obtaining an operating permit under Section 18(a)(3) of the Act and Section 602.300.
2. b) A community water supply is eligible to obtain an operating permit-by-rule if the construction project for which the Agency granted a construction permit is for any of the following projects:

3. 1) Water main extensions; or

   1. 2) Projects not requiring disinfection specified in Section 602.315.
4. c) A community water supply is not eligible to obtain an operating permit-by-rule if the construction project involves a water main that connects two or more community water supplies.
5. d) Upon issuance of a construction permit, the Agency may notify an eligible community water supply that it may not seek a permit-by-rule if the community water supply has failed to submit the information required by Agency or Board rules in the two years preceding the Agency's notification.
6. e) For construction projects that contain both permit-by-rule eligible and non-eligible components, a community water supply may obtain a partial operating permit-by-rule for the eligible portions of the project.
7. f) A community water supply eligible for a permit-by-rule under subsection (b) that does not elect to obtain a permit-by-rule, must obtain an operating permit issued by the Agency before commencing operations.

8. g) Permit-by-Rule Certification. Any community water supply seeking to obtain an operating permit-by-rule must submit a certification, on Agency forms, specifying the following:

   1. 1) the community water supply's name, address, identification number and project name;
   2. 2) the construction permit number, type of construction permit, and date the construction permit was issued;
   3. 3) an explanation of the status of the construction project and, if the project is only partially completed, the information set forth in Section 602.320;
   4. 4) a statement attesting to compliance with Section 602.310, if disinfection is required; and
   5. 5) the submission of the water sample results required by Section 602.310.
9. h) The community water supply may begin operation of a permit-by-rule eligible construction project immediately after it files the certification required by subsection (g).

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