TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.101 SCOPE AND PURPOSE
Section 3730.101 Scope and
Purpose
a) This Part governs the practices and procedures of the Director
and his or her delegated representatives, and all allocation and enforcement
proceedings conducted by them pursuant to the Level of Lake Michigan Act [615
ILCS 50].
b) This
Part implements the Department's program for the apportionment of water to be
diverted from Lake Michigan among its regional organizations, municipalities,
political subdivisions, agencies or instrumentalities for domestic purposes or
for direct diversion into the Chicago Area Waterway System to maintain the waterway
in a reasonably satisfactory sanitary condition. Consistent with the
limitations expressed in a U.S. Supreme Court Decree (Wisconsin v. Illinois,
449 U.S. 48 (1980)), the Lake Michigan water so diverted, whether by way of
pumpage for domestic purposes from the lake, the sewage effluent derived from
which reaches the Illinois Waterway, or by way of storm runoff from the Lake
Michigan watershed that is diverted into the Chicago Area Waterway System, or
by way of direct diversion from the lake into the waterway, shall not exceed a
40 year running average of 3,200 cubic feet per second.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.102 DEFINITIONS
Section 3730.102 Definitions
As used in this Part except
where the context indicates otherwise, the following terms shall have the
meanings specified:
"Act"
means the Level of Lake Michigan Act [615 ILCS 50];
"Annual
accounting period" shall be October 1 of each calendar year through the
last day in September in the succeeding calendar year;
"Chicago Area Waterway System"
or "CAWS" is an engineered system of man-made canals and natural
waterways that serves as both a navigation link between Lake Michigan and the
Mississippi River system and an outlet for stormwater and effluent. It
consists of the North Shore Channel, North Branch of the Chicago River (below
the North Branch Dam), Chicago River, South Branch of the Chicago River, South
Fork of the South Branch of the Chicago River (Bubbly Creek), Chicago Sanitary
and Ship Canal, Cal-Sag Channel and portions of the Calumet River and Little
Calumet River leading up to the O'Brien lock. In this Part the term "Chicago
Area Waterway System" has the same meaning as the term "Sanitary and
Ship Canal" used in the Level of Lake Michigan Act [615 ILCS 50];
"Department"
means the Illinois Department of Natural Resources;
"Director"
means the Director of the Illinois Department of Natural Resources or his or
her duly delegated representatives;
"Emergency
allocation" means a temporary allocation of Lake Michigan water in
accordance with Section 3730.305;
"Emergency
and standby use" means water pumped to maintain an adequate water supply
in the event of a partial or total failure of the primary water supply source
of a permittee;
"Gross
annual pumpage" means the total amount of water delivered to a user's
system;
"Hearing
Officer" means a person duly designated as the hearing officer by the
Director;
"Hydrant
uses" means, but is not limited to, all water obtained from hydrants for
uses such as fire fighting and training, water main flushing, sewer flushing,
street cleaning, and unmetered public and private construction;
"Net
annual pumpage" means the total amount of water delivered to a user's
system not including wholesale water delivered to other water systems, also referred
to as system input volume;
"New
users" refers to any regional organization, municipality, political
subdivision, agency, instrumentality, organization, association, or individual
that did not have an allocation of Lake Michigan water from the Department on
July 1, 1980;
"Non-revenue
water" is the difference between net annual pumpage (system input volume)
and billed, authorized consumption. Non-revenue water shall be determined by
taking the net annual pumpage of a water system and subtracting from that
amount the quantity of water that is billed, metered consumption and that is billed,
unmetered consumption. Non-revenue water includes water that is lost from the
system due to underregistration of meters, systematic data handling errors,
leakage anywhere within the distribution system, unauthorized consumption or
unbilled authorized consumption;
"Party"
means an entity that:
has made
application to the Department for an allocation of the Lake Michigan diversion
pursuant to the Act; or
has been made
a party by the Hearing Officer pursuant to Section 3730.203(c);
"Permittee"
means any regional organization, municipality, political subdivision, agency,
instrumentality, organization, association or individual that has an allocation
permit for water from the Lake Michigan diversion;
"Water
Year" mans the annual accounting period consisting of 12 months
terminating on the last day of September. As an example, the 2015 Water Year
begins on October 1, 2014 and terminates on September 30, 2015.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.103 FILING
Section 3730.103 Filing
Documents and requests permitted
or required to be filed with the Hearing Officer shall be addressed to and
mailed to or filed with the Hearing Officer at the following address:
Hearing
Officer
Lake
Michigan Allocation Proceedings
Illinois
Department of Natural Resources
One Natural
Resources Way
Springfield IL
62702-1271
or with such other person as the
Director may designate from time to time.
(Source: Amended at 27 Ill.
Reg. 7786, effective April 21, 2003)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.104 FORM OF DOCUMENTS
Section 3730.104 Form of
Documents
a) Documents shall clearly show the file or docket number and
title of the proceeding in connection with which they are filed, and shall be
clearly designated to indicate the nature of the relief sought, inter alia,
"application for allocation permit", "complaint",
"petition for modification", "petition for emergency
allocation" or "motion".
b) Except as otherwise provided, four copies of all documents,
including application, complaints, motions, petitions, and petitions for review,
shall be filed with the Hearing Officer. Only two copies of any discovery
motion, interrogatories, answers to interrogatories, or subpoena filed with or
by the Hearing Officer need to be filed with the Hearing Officer.
c) Documents shall be prepared on unglazed white paper of greater
than 12 pound weight and measuring 8½" x 11". All documents shall be
fastened on the left side or in the upper left hand corner. The left margin of
each page shall be at least 1½ inches and the right margin at least one inch.
d) One copy of each document will be signed by the applicant or
party or by his or her authorized representative or attorney.
e) Documents shall contain the name, address and phone number of
the applicant or party filing or his or her authorized representative or
attorney.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.105 SERVICE OF DOCUMENTS AND PROOF OF SERVICE
Section 3730.105 Service of
Documents and Proof of Service
a) Where the Hearing Officer or any person is required by statute
or by the provisions of these rules to serve any document upon any person,
service shall (in the absence of specific provisions in these rules to the
contrary) be made in accordance with the provisions of this section.
b) Where any person is required to serve any document filed with
the Hearing Officer, service shall be made by that person or by his
representative on or before the day on which the document is filed.
c) Documents may be served upon a party, his attorney, or other
duly constituted agent by delivering a copy or by mailing a copy to the last
known address. When a party is represented by an attorney of record in any
proceeding, service shall be made upon such attorney.
d) Delivery of a copy pursuant to this section means handing it
to the party, his attorney, or other duly constituted agent or other person in
charge of the office of the person being served; or, if there is no one in
charge of such office, leaving it in a conspicuous place therein; or, if such
office is closed or the person to be served has no office, leaving it at his
dwelling house or usual place of abode with some person of suitable age and
discretion then residing therein.
e) Service by mail is complete upon mailing.
f) Proof of service, as provided in this Section, shall be filed
before action is taken. The proof of service shall show the time and manner of
service, and may be by written acknowledgement of service, by certificate of
the person effecting the service, or by other proof as satisfactory to the
Hearing Officer. Failure to make proof of service will not affect the validity
of the service. The Hearing Officer may allow the proof to be amended or
supplied at any time before action is taken unless to do so would result in
material prejudice to a party.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.106 COMPUTATION OF TIME
Section 3730.106 Computation
of Time
a) Computation of any period of time prescribed by these rules or
the Act shall begin with the first business day following the day on which the
act, event or development initiating such period of time occurs, and shall run
until the end of the last day, or the next following business day if the last
day is a Saturday, Sunday or legal holiday. Where the period of time is five
days or less, Saturdays, Sundays and legal holidays shall be excluded in the
computation of time.
b) Notice requirements shall be construed to mean notice
received, but proof that notice was dispatched by means reasonably calculated
to be received by the prescribed date shall be prima facie proof that notice
was timely received.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.107 APPEARANCES AND REPRESENTATION
Section 3730.107 Appearances
and Representation
a) Any person entitled to participate in proceedings may appear
as follows:
1) A natural person may appear in his own behalf or by an
attorney at law licensed and registered to practice in the State of Illinois.
2) A business, non-profit, or government organization may appear
by any bonafide officer, employee, or representative, or may be represented by
an attorney licensed and registered to practice in the State of Illinois, or
both.
b) Attorneys not licensed and registered to practice in the State
of Illinois may appear on motion.
c) An attorney appearing in a representative capacity shall file
a written notice of appearance together with proof of service on all parties or
their respective attorneys.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.108 DESIGNATION AND REPRESENTATION
Section 3730.108 Designation
and Representation
a) A party entitled to participate in the hearing proceeding may
designate another entity to represent its interests by filing with the
Department a written application accompanied by a Resolution from the governing
board of the designating party and a written Acceptance from the entity
appearing in a representative capacity. The Designation of Representation and
Acceptance of such designation shall be made on forms prescribed by the
Department and executed by duly authorized officials of the parties. The designating
party may withdraw the designation at any time upon its own motion with or
without the consent of the previous designee.
b) The designated representative will be responsible to file all
documents, complete all applications, answer all inquiries, present all
testimony, and represent all other interest of the designating party for the
purpose of applying for and obtaining a water withdrawal permit for water from
Lake Michigan.
c) After receipt of the aforementioned documents, all
correspondence will be directed to the designated representative only and the
designating party is irrevocably bound by its action in these matters until
such time as the designation is withdrawn and receipt of such withdrawal is
acknowledged by the Department.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.109 PUBLIC INFORMATION
Section 3730.109 Public
Information
a) The Department shall maintain files containing all information
submitted to or produced by the Department or Hearing Officers relating to
matters within the Department's jurisdiction, except that internal
communications of the Department shall be filed only at the request of the
Director or his designated representatives. Without limiting the generality of
the foregoing, the files shall include, among other things: pleadings,
motions, notices, minutes, transcripts, exhibits, orders and opinions; proposed
and adopted regulations; communications to or from the Department; newsletters
and other releases; business records; and informal complaints received.
b) All such files shall be open to reasonable public inspection
and copying, at the expense of the interested party.
c) The Department shall maintain a comprehensive index of all
files open to public inspection.
d) The Department may in its discretion disseminate from time to
time newsletters, digests of minutes and other releases regarding any matter before
the Department.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.110 SEVERABILITY
Section 3730.110
Severability
If any rules, sentence, clause,
subsection, phrase or requirement of these rules is for any reason held to be
unconstitutional or violative of law, by a court of competent jurisdiction,
such decision shall not affect or impair the validity of the remaining portions
of these rules.
SUBPART B: HEARING
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.201 APPLICABILITY
Section 3730.201
Applicability
The rules of this part shall
apply to all hearings concerning allocation of Lake Michigan water other than
rulemaking.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.202 AUTHORIZATION OF HEARINGS
Section 3730.202
Authorization of Hearings
a) Allocation Hearing: Except in the case of an emergency
allocation, the Department shall hold allocation hearing(s) as authorized by
the Act within 90 days of submission to the Department of an application for
allocation or on the motion of the Department, the purpose of which shall be
publicly stated to be contemplation of allocations of Lake Michigan water. The
burden of proof in an allocation proceeding will lie with each applicant for an
allocation.
b) Enforcement Proceeding: The Department may hold hearing(s) as
authorized by the Act within 90 days of submission to the Department by any
entity of a complaint for misuse of allocation, or on the motion of the
Department for the purpose of gathering information with reference to abuse or
misuse of any allocation and of entering an order presenting findings and
directing a course of action, including changes in allocations previously
made. Hearings will be held on all complaints which comply with Section
3730.205(a), are not plainly devoid of merit or frivolous, and do not deal with
a subject on which a hearing has been held within the preceding six months.
c) Petitions for Modification: The Department may hold
hearing(s) on a petition for modification of an allocation permit. The burden
of proof in a modification proceeding will lie with the petitioner/applicant.
Hearings will be held on all petitions which comply with Section 3730.310(a).
d) Petitions for Emergency Allocation: The Department shall
within 60 days of issuing and entering an order for an emergency allocation
give notice and conduct a hearing regarding such emergency allocation.
e) Designation of Hearing Officer: If the Department authorizes
a hearing under any of the above sections, the Director shall designate a
Hearing Officer to preside over such hearing.
(Source: Amended at 9 Ill. Reg. 386, effective January 1, 1985)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.203 PARTIES
Section 3730.203 Parties
a) The party seeking an allocation permit, an emergency
allocation, or the modification of an allocation permit shall be designated as
the petitioner. Any party initiating an enforcement proceeding shall be
designated as the complainant. Any party who seeks to be heard and whose
interests are adverse to the petitioner's or the complainant's shall be
designated as the respondent.
b) Incorrect designation of a party is not a ground for dismissal
but the name of a party may be corrected at any time.
c) If a complete determination of a controversy cannot be had
without the presence of other parties, the Hearing Officer may direct them to
be made parties. The Hearing Officer may allow the intervention of other
persons of entities with an interest in the matter on any side of the
controversy or in aid of the Department.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.204 ALLOCATION APPLICATIONS AND PETITIONS FOR MODIFICATION
Section 3730.204 Allocation
Applications and Petitions for Modification
Four copies of application for
allocations, petition for emergency allocation, and petition for modification
shall be filed with the Department and shall contain:
a) In the case of an Application for Allocation, all information
required under Section 3730.302.
b) In the case of a Petition for Emergency Allocation, all
information required under Section 3730.305.
c) In the case of a Petition for Modification, all information
required under Section 3730.310 including reference to any change in circumstances
or any information previously submitted pursuant to Section 3730.302 and any
claimed errors in interpretation of the Act or the rules.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.205 COMPLAINT
Section 3730.205 Complaint
a) Pursuant to Section 3730.202(b), a Complaint shall contain the
following:
1) a reference to the provision of the Act or the rules of which
the respondent(s) is alleged to be in violation; and
2) the dates, location, events, nature, extent and duration of
abuses or misuses alleged to constitute violations of the Act or the rules complained
of to an extent sufficient to advise respondent(s) of the full extent and
nature of matters complained of adequate to reasonably allow preparation of a
defense.
b) Unless respondent files an answer within 20 days after receipt
of the complaint, all material allegations shall be taken as denied. All
motions preliminary to a hearing shall be presented to the Hearing Officer at
least 5 days prior to the date of hearing, or on such other date as the Hearing
Officer or these rules shall designate.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.206 NOTICE OF HEARING
Section 3730.206 Notice of
Hearing
a) In cases in which a hearing is held pursuant to Section
3730.202(a), (c) or (d), the commencement of the hearing shall be within 90
days after the date on which the application for allocation or petition for
modification of allocation was received by the Department unless otherwise
ordered by the Hearing Officer, or within 60 days after an order for an
emergency allocation was entered by the Department. The Department shall give
notice of hearing in these cases as follows:
1) to all permittees; petitioners; the Counties of Cook, DuPage,
Kane, Kendall, Lake, Will, and McHenry; the City of Chicago; the Metropolitan
Water Reclamation District; the Illinois Environmental Protection Agency; and
the Chicago Metropolitan Agency for Planning; and
2) by publication not less than twice in newspapers of general
circulation in the immediate and remote areas that may be affected by
diversions of Lake Michigan waters, such publications to be no longer than one
week apart, and the hearing to be held within 10 days following date of last
publication.
b) In cases in which a hearing is held pursuant to Section
3730.202(b), complainants and respondents shall receive notice by certified
mail of the time and place of the hearing no less than 20 days before the
hearing is held. In addition, complainants must provide proof of service of
the complaint on each respondent showing that service was completed in
compliance with Section 3730.105 no less than 20 days before the hearing is
held.
c) The Hearing Officer shall make available to any person copies
of applications, petitions, or complaints at the time the hearing date is
announced.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.207 PREHEARING CONFERENCES
Section 3730.207 Prehearing
Conferences
a) In any proceeding the Hearing Officer may direct parties or
their attorneys to appear, upon 10 or more days written notice, at a specified
time and place for a conference, prior to or during the course of hearing for
the purpose of formulating issues and considering:
1) the simplification of issues of fact and law;
2) the necessity or desirability of amending documents for the
purpose of clarification, amplification, or limitation;
3) the possibility of making admissions of certain averments of
fact or stipulations concerning the use of matters of public record to avoid
unnecessary introduction of proof;
4) the limitation of the number of witnessess, including experts;
5) the propriety of prior mutual exchange between or among
parties of prepared testimony and exhibits; and
6) such other matters as may aid in the simplification of the
evidence and disposition of the proceeding.
b) Action taken at the conference shall be recorded in an
appropriate ruling unless the parties enter into written stipulations as to
such matters, or agree to a statement thereof made on the record by the Hearing
Officer.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.208 DISCOVERY
Section 3730.208 Discovery
a) Hearing Officer
1) The Hearing Officer may order production of documents or
things, depositions, or interrogatories in his or her discretion upon the
written request of any party or by the Department on its own motion, either by
an order directed to a party or by subpoena directed to a non-party:
A) when necessary to expedite the proceedings;
B) to ensure a clear or concise record;
C) to ensure a fair opportunity to prepare for the hearing; or
D) to avoid surprise at the hearing.
2) The Hearing Officer shall restrict such discovery when
necessary to prevent undue delay or harassment.
b) The Hearing Officer may in his or her discretion order the
following discovery upon written request of any party:
1) a list of witnesses who are known to the party, who have knowledge
of the occurrence or other relevant facts;
2) a list of expert witnesses who may be called at the hearing,
which shall be submitted to all parties prior to the hearing; and
3) reasonable inspection of the premises by experts.
c) Any person, including a party, who is deposed, interrogated or
required to submit documents or things under this Section may be examined
regarding any matter, not privileged, that is relevant to the subject matter of
the pending case, or that may lead to the discovery of relevant information.
d) All depositions and interrogatories taken pursuant to this Section
shall be for purposes of discovery only, except as provided in this Section. The
depositions and interrogatories may be used for purposes of impeachment and as
admissions of the deposed or interrogated party. Upon application to the
Hearing Officer either before or after the taking of depositions or
interrogatories and upon showing that, at the time of the hearing, the party
deposed or interrogated will not be available to participate in the hearing
because of death, age, sickness, infirmity, absence from the Northeastern
Illinois Metropolitan Region (specifically the counties of Cook, DuPage, Kane, Kendall,
Lake, McHenry and Will), or other exceptional circumstances, the Hearing
Officer may order that the deposition or interrogatories be used as evidence in
the hearing.
e) Upon transcription of the deposition, it shall be made
available to the deponent for examination and signature, unless signature is
waived both by the deponent and by the parties who are represented at the
deposition. Any changes in form or substance that the deponent desires to make
shall be entered upon the deposition by the court reporter taking the same with
a statement of the reasons given by the deponent making them. The deposition
shall then be signed by the deponent unless the deponent is ill or cannot be
found or refuses to sign, in which event the court reporter's certification
shall state the reason for the omission of the signature.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.209 ADMISSIONS
Section 3730.209 Admissions
a) Request for Admission of Fact. A party, or the Department on
its own motion, may serve on any other party a written request for the
admission by the latter of the truth of any specified relevant fact set forth
in the request.
b) Request for Admission of Genuineness of Document. A party or
the Department on its own motion, may serve on any other party a written
request for admission of the genuineness of any relevant documents described in
the request. Copies of the documents shall be served with the request unless
copies have already been furnished.
c) Admission in the Absence of Denial.
1) Each of the matters of fact and the genuineness of each
document of which admission is requested is admitted unless, within 20 days
after service thereof, the party to whom the request is directed serves upon
the party requesting the admission either:
A) a sworn statement denying specifically the matters of which
admission is requested or setting forth in detail the reasons why he cannot
truthfully admit or deny those matters; or
B) written objections on the ground that some or all of the
requested admissions are privileged or irrelevant or that the request is
otherwise improper in whole or in part.
2) If written objections to a part of the request are made, the
remainder of the request shall be answered within the period designated in the
request. A denial shall fairly meet the substance of the requested admission.
If good faith requires that a party deny only a part, or requires qualification
of a matter of which an admission is requested, he shall specify so much of it
as is true and deny only the remainder. Any objections to a request or to an
answer shall be heard by the Hearing Officer upon prompt notice and motion of
the party making the request.
d) Effect of Admission. Any admission by a party pursuant to a
request under this rule is for the purpose of the pending action only. It does
not constitute an admission by him for any other purpose and may not be used
against him in any other proceeding.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.210 AUTHORITY OF HEARING OFFICER
Section 3730.210 Authority
of Hearing Officer
The Hearing Officer shall have
the duty to conduct a fair and impartial hearing, to take all necessary action
to avoid delay, to maintain order, and to ensure development of a clear and
complete record. He shall have all powers necessary to these ends including
(but not limited to) the power to:
a) require, when appropriate, all parties to state their position
with respect to any proposal, application, petition, or complaint;
b) administer oaths and affirmations;
c) examine witnesses and direct witnesses to testify;
d) regulate the course of the hearing;
e) limit the number of times any witness may testify, limit
repetitious or cumulative testimony, and establish reasonable limits on the
amount of time each witness may testify;
f) to issue discovery orders pursuant to Section 3730.208;
g) to issue subpoenas pursuant to Section 3730.212;
h) conduct hearings and prehearing conferences;
i) rule or reserve ruling on the admissibility of evidence and
amendments to pleadings;
j) continue a hearing from day to day or adjourn it to a later
date by announcement thereof at the hearing or by appropriate notice thereof to
all parties; and
k) direct parties to enter their appearances on the record.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.211 HEARING PROCEDURE
Section 3730.211 Hearing
Procedure
a) General Provisions
1) All hearings shall be open to the public.
2) All testimony taken at such hearings shall be under oath or
affirmation.
3) All relevant evidence is admissible if, in the opinion of the
Hearing Officer, it is of a type commonly relied upon by reasonably prudent men
in the conduct of their affairs. Objections to evidentiary offers may be made
and shall be noted in the record.
4) In determining the admissibility of evidence, the Hearing
Officer shall give consideration to, but not be bound by rules of evidence
governing civil proceedings.
5) Official notice may be taken of all facts of which judicial
notice may be taken and of other facts within the specialized knowledge and
experience of the Hearing Officer. Whenever official notice is requested or
the Hearing Officer intends to take such notice on his own motion, prior notice
shall be given to all parties with an opportunity to comment on the relevance
or accuracy of the material of which official notice may be taken.
6) Copies of direct testimony of any witness shall be served upon
the Hearing Officer at least 7 days in advance of the session of the hearing at
which such testimony is offered.
7) All motions and objections made during a public hearing shall
be stated orally on the record, including the grounds of such objection.
8) When objection is made to the admissibility of evidence, such
evidence may be received subject to such other objection and later ruling.
9) All motions other than those made during a hearing shall be in
writing and shall state briefly the order or relief applied for and the grounds
for such motion. Any such motion shall be filed with the Hearing Officer and a
copy thereof shall be served at the same time on the parties. Answering
statements, if any, shall be filed in writing with the Hearing Officer within 5
days after service of the motion upon the party filing the answering statement,
and a copy thereof shall be served within the same period upon the other
parties. The Hearing Officer may in his discretion, call for oral arguments on
any such motion.
10) Parties may agree by stipulation upon facts involved in the
proceeding. Any stipulation reached before a final determination by the
Director shall be submitted in writing to the Hearing Officer and shall become
effective only if approved by the Hearing Officer.
11) Statements from interested citizens may be presented if
authorized by the Hearing Officer. These statements are subject to the same
Rules and Regulations as herein set forth.
b) Cross-Examination
1) Upon the hearing of any action any party thereto or any person
for whose immediate benefit the action is prosecuted or defended, or the
officers, directors or managing agents or any party to the action, may be
called and examined as if under cross-examination at the instance of any
party. The party calling for the examination is not precluded from rebutting
the testimony thus given by countertestimony and may impeach the witness by
proof of prior inconsistent statements.
2) If the Hearing Officer determines that a witness is hostile or
unwilling, he may be examined by the party calling him as if under
cross-examination.
3) The scope of cross-examination shall be defined by those
issues relevant to the Director's determination.
4) Repetitious cross-examination may be limited by the Hearing
Officer.
c) Documentary Evidence
1) The Hearing Officer may receive material and relevant evidence
which would be relied upon by reasonably prudent persons in the conduct of
serious affairs which is reasonably necessary to resolution of the issue for
which it is offered; provided that the rules relating to privileged topics
shall be observed.
2) the Hearing Officer shall exclude immaterial, irrelevant, and
repetitious evidence.
3) When the admissibility of disputed evidence depends upon an
arguable interpretation of substantive law, the Hearing Officer shall admit
such evidence.
4) Upon stipulation of the parties, the Hearing Officer may order
the record of any relevant prior proceeding before the Department incorporated
into the record of the present proceeding. In such an event, the Hearing
Officer shall incorporate the entire or appropriate portions of the record
constituting such prior proceeding into the present proceeding.
5) Relevant scientific or technical articles, treatises or
materials may be introduced into evidence subject to qualification of the
author and subject to refutation or disputation through any introduction of
comparable documentary evidence or expert testimony.
6) When a party desires to offer in evidence any portion of the
record in any other proceeding or previously filed applications, such portion
or application shall be offered in the form of an exhibit unless objected to or
otherwise stipulated by the parties. Upon objection such materials may be
submitted for admission pursuant to sub-section c(9) of this section.
7) When any material or relevant matter offered in evidence by
any party is embraced in a book, paper or document containing other matter not
material or relevant, the party offering the same shall plainly designate the
matter so offered. If, in the judgment of the Hearing Officer, such immaterial
or irrelevant matter would unnecessarily encumber the record, such book, paper
or document will not be received in evidence as a whole, but the material or
relevant portions thereof, if otherwise admissible, may be read into the record
or a true copy thereof supplied in the form of an exhibit.
8) When an exhibit of a documentary character is marked for identification
and offered in evidence, four copies thereof shall be furnished to the Hearing
Officer and one copy to each party who requests a copy unless the Hearing
Officer rules otherwise. Copies will be retained by the Hearing Officer and
the Department.
9) When a party desires to offer in evidence any evidence
heretofore considered in the issuance of a previous allocation order, such
evidence shall be reintroduced by the proponent thereof provided said proponent
has a witness or witnesses available who will state under oath that such
evidence represents his testimony and is subject to cross-examination.
d) Depositions. During the pendency of any proceeding, the
Hearing Officer either upon his own motion or upon application in writing by
any party may cause the deposition for use as evidence in the proceeding of any
witness within or without the State to be taken in the manner provided by law
for depositions in civil actions in the course of this State, and to that end
may compel the attendance of witnesses and the production of books, papers,
accounts and documents. Except under special circumstances and for good cause
shown, no deposition may be taken except upon 10 days prior notice to all
parties.
e) Postponement or Continuance of Hearing.
1) A hearing may be postponed or continued for due cause by the
Hearing Officer upon his own motion or upon motion of a party to the Hearing.
2) Notice of motion for postponement or continuance shall be
given in writing, by the party requesting the motion, to all parties to the
hearing within a reasonable time in advance of the previously scheduled hearing
date.
f) Default. Failure of a party to appear on the date set for
hearing, or failure to proceed as ordered by the Hearing Officer shall
constitute a default. Within 30 days after notice to the party of the default
order and upon good cause being shown, the party may move to vacate the default
and be allowed to proceed as if no default had been entered. Upon default the
Director shall enter such order as is appropriate based upon the evidence
introduced at the hearing.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.212 SUBPOENAS
Section 3730.212 Subpoenas
a) Pursuant to Section 10 of the Act,upon verified application to
the Hearing Officer by any party and upon a showing that such subpoena is
reasonably required, or on motion of the Hearing Officer, the Hearing Officer
shall issue a subpoena for attendance at a deposition or a hearing, which may include
a command to produce books, papers, documents, or tangible things designated
therein and reasonably necessary to resolution of the matter under
consideration, subject to the limitations on discovery prescribed by these
Rules.
b) Every subpoena shall state the title of the action and shall
command each person to whom it is directed to attend and give testimony at the
time and place therein specified.
c) The Hearing Officer, upon motion made promptly and in any
event at or before the time specified in the subpoena for compliance therewith,
may quash or modify the subpoena if it is unreasonable and oppressive.
d) Any person served with a subpoena issued in accordance with
these rules who shall refuse or neglect to appear or to testify, or to produce
books, papers, accounts or documents as commanded in such subpoena shall be
guilty of a Class B misdemeanor.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.213 OFFICIAL RECORD
Section 3730.213 Official
Record
a) The petitioner or complainant, as applicable, shall provide a
court reporter who shall record and transcribe a stenographic record of all
hearings and will provide for such copies of the transcript as the Department
may require for its own purposes.
b) After the transcript is filed, the Hearing Officer shall
entertain requests for corrections and enter corrections either on the record
of a subsequent hearing or in an Order.
c) The transcript of the hearing, all pleadings, all exhibits
entered into evidence, and any documents officially noticed pursuant to Section
3730.211(a)(5) shall constitute the record.
d) Transcripts of hearings conducted by the Department shall be
kept in the custody of the Department and will be open for inspection during
the regular office hours. Copies may be made at the expense of the interested
party.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.214 ORDER OF HEARING OFFICER OR DIRECTOR
Section 3730.214 Order of
Hearing Officer or Director
The Hearing Officer's findings
and recommended order shall be presented to the Director for his approval. The
Director may issue the recommended order as his own or he may modify the
recommended order or reconsider the order or order a rehearing. Any party may
petition the Director for reconsideration or for a rehearing within 30 days of
the issuance of the Director's order. A copy of the order or decision of the
Director shall be filed in the records of the Department and served on each
party to the proceeding. Any order and decision of the Director shall be open
for public inspection at his offices during regular office hours.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.215 HEARING OFFICER'S PROPOSED ORDER
Section 3730.215 Hearing
Officer's Proposed Order
Prior to, during or following
the taking of testimony, the hearing of oral argument and the filing of briefs,
if any, filed with him by the parties, the Hearing Officer may require filing
of proposed orders including proposed findings of fact and conclusions of law.
SUBPART C: ALLOCATION RULES
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.301 ALLOCATION PERMITS
Section 3730.301 Allocation
Permits
a) No regional organization, municipality, political subdivision,
agency or instrumentality, or any other organization, association or individual
desiring to use water from Lake Michigan that is subject to allocation under
the Act shall divert or use any such water after July 1, 1977, unless it has
previously obtained from the Department a valid allocation permit.
b) The Department shall issue an allocation permit to any
applicant it determines to be entitled to an allocation of water from the Lake
Michigan diversion according to the criteria set out in this Subpart. The
permit shall state the allocation the applicant is allowed, the starting date
and duration of the permitted allocation, and such conditions as specified in
Sections 3730.307 and 3730.309 as the Department may require the applicant to
comply with in order to receive or to continue to receive its allocated share
of the Lake Michigan diversion. Allocations for residential, industrial and
commercial uses will be limited for each annual accounting period. Allocations
for navigational makeup and discretionary dilution will be limited by a running
average over five annual accounting periods. The Department will hold an
amount of Lake Michigan water in reserve for lockage and leakage that will be based
on a running average over 40 annual accounting periods.
c) If, over a five-year running period, a permittee appropriates
water in amounts greater than 105% of its allocation for that period or if it
appropriates in excess of 115% of its allocation in any one annual accounting
period, the Department may issue a notice of violation of the allocation
permit.
d) If a permittee commits a permit violation under subsection
(a), (b) or (c) or if it fails to observe the conditions attached to its
allocation permit, the Department may issue a notice of violation. Upon
hearing and determination of violation, the permittee shall be deemed to have
failed to obey an order made by the Department and may be subject to a fine of
not less than $1,000 and not more than $10,000 to be recovered in the name of
the People of the State of Illinois in any court of competent jurisdiction.
Each day in which the prohibited activity continues shall constitute a new and
separate violation of a Department order.
e) If, over a five-year running period, a permittee appropriates
water in amounts less than 90% of its allocation for the period, any entity or
the Department, on its own motion, may initiate proceedings for a modification
according to Sections 3730.204(c) and 3730.310. Any modification shall be
preceded by notice as provided in Section 3730.206, and a hearing shall be held
in conformance with Subpart B.
f) If a permittee, because of physical limitations, cannot use an
allocation, the Department may allocate this water, after notice and a hearing,
to another use during an accounting period or hold it in reserve for future use
without prejudice to any permittee's allocation in succeeding accounting
periods.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.302 APPLICATION
Section 3730.302 Application
An application for an allocation
permit shall contain the following information, to be filed on forms provided
by the Department:
a) The name and location of the applicant;
b) A description of the geographic area that the applicant
supplies or intends to supply with water, and the number of people residing
within that area;
c) An enumeration of the uses to which the allocation is intended
to be put, including the proportion of the allocation that goes to each use;
d) A description of all proposed and existing systems for the
storage, treatment, transportation and distribution of water and the location
of any discharge of wastewater effluent within the area the applicant intends
to supply with water from the allocation, including the location, dates of
construction, and major improvements of wells;
e) A description of all present sources of water supply, within
the area described under subsection (b), including a breakdown stating the
amounts and quality of water currently available and the quantity prospectively
available from each source;
f) A statement of anticipated future needs during the period for
which application for a water allocation is being made, including projected
land use changes and population changes and per capita use;
g) A description of the applicant's current and proposed water
conservation programs, measures and ordinances that promote the efficient use
of its water supply;
h) Such
other information relevant to the Lake Michigan allocation as the Department
deems appropriate.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.303 CLASSIFICATION OF WATER USERS
Section 3730.303
Classification of Water Users
a) Applicants will be divided into broad categories determined by
water use. The categories in order of descending priorities are: Categories
IA, IB, IIA, IIB and III.
|
1)
|
Category IA –
|
Applicants whose primary water needs are residential,
commercial or industrial and whose future or continued use of Lake Michigan
water is the most economical source of supply.
|
|
2)
|
Category IB –
|
Applicants whose primary water demands are residential,
commercial and industrial and whose use of Lake Michigan water would reduce
the regional use of the deep aquifer.
|
|
3)
|
Category IIA −
|
Applicants whose primary water demands are for the minimum
flows necessary to meet navigation requirements and minimum discretionary
dilution flows necessary to maintain the Chicago Area Waterway System in a
reasonably satisfactory sanitary condition.
|
|
4)
|
Category IIB –
|
Applicants whose water demands are for the minimum
discretionary dilution flows necessary to meet water quality standards in the
Chicago Area Waterway System.
|
|
5)
|
Category III –
|
Applicants whose water demands do not fall into Category
IA, IB, IIA, or IIB.
|
b) In determining the need for Category IA and IB allocations,
the Department will consider the following items:
1) Adequacy of supply from sources other than Lake Michigan.
2) Economics of alternative supplies.
3) For new applicants, priority will be given to allocations for
domestic purposes.
4) For
new applicants, allocations of Lake Michigan water will be made with the goal
of reducing withdrawals from the Cambrian-Ordovician Aquifer (deep aquifer).
c) In determining the need for priorities within Categories IIA
and IIB, the Department will consider the following items:
1) A limitation of 270 cubic feet per second for discretionary
dilution for water quality purposes in the Chicago Area Waterway System.
2) The need to meet navigation requirements in the Chicago Area
Waterway System.
3) The minimum discretionary diversion needed to keep water
quality in the Chicago Area Waterway System in a reasonable satisfactory
sanitary condition.
d) Category III applicants do not qualify for an allocation of
water from Lake Michigan.
e) The Department will normally make allocations to meet the full
water needs of Category IA and IB applicants as determined by the Department
before any water is allocated to applicants in Category IIA and IIB.
f) In determining the amount of water available for allocations
to Categories IA, IB, IIA and IIB, the Department will consider the amount of
water that must be reserved for storm water runoff, lockage and leakage and a
reserve for future increases in demands and storm water runoff.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.304 WATER NEEDS CRITERIA
Section 3730.304 Water Needs
Criteria
The Department will determine
anticipated water needs for each applicant. The Department will take into
consideration in making that determination the population of the area to be
served, projected population growth, current and projected per capita consumption
within the area, the nature and extent of industrial uses (including a
consideration of typical requirements for similar industries), municipal and
hydrant uses (public facilities, park upkeep, fire protection), implementation
of conservation practices, and the reduction of non-revenue water as required
by this Section.
a) Conservation practices that will be considered with respect to
applicants in Categories IA and IB include the extent of metering, the
provision of building codes for water efficient equipment, ordinances that promote
the efficient use of water for lawn sprinkling and other outside uses, rate
structures that encourage conservation, past record of enforcement of water
saving ordinances, expenditures for maintenance and repair of water
distribution systems, and implementation of specific ground water conservation
levels of usage recommended by State or regional planning agencies. The
Director may establish maximum reasonable per capita consumption rates for each
user based upon either an evaluation of the relative proportion of industrial,
commercial and residential users served by the permittee or the efficiency of
the permittee's water distribution system, or both. Applicants in Categories
IA and IB shall limit non-revenue water so that it is less than 12% of net
annual pumpage in Water Year 2015, decreasing to no more than 10% by Water Year
2019 and all years thereafter. Applicants whose non-revenue water exceeds the
non-revenue thresholds (12% in Water Year 2015, decreasing to 10% in Water Year
2019) shall submit a water system improvement plan that outlines the actions
the applicant plans to undertake, along with a timeframe, to reduce non-revenue
water to less than the thresholds outlined in this subsection. The Department
may grant a waiver to the requirement to submit a water system improvement plan
to an applicant whose non-revenue water exceeds the thresholds if it can be
shown that the reason for exceeding the non-revenue water threshold is due to
metered, but unbilled, consumption or to authorized, unmetered, unbilled
consumption when the quantity can be determined through acceptable engineering
practices. The Department will consider this information in determining proper
allocation amounts.
b) Conservation practices that will be considered with respect to
applicants in Categories IIA and IIB include improved and more accurate
measurement and accounting procedures, improved treatment of all wastewater
flows, elimination of untreated combined sewer bypass flows, reasonable use of
aeration facilities, implementation of navigational and storm response
operations, and procedures to minimize Lake Michigan diversion and
implementation of effective programs of leak prevention, detection and
correction.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.305 EMERGENCIES
Section 3730.305 Emergencies
a) Upon the occurrence of an unforeseen event and where necessary
to safeguard the health, safety, or welfare of the people of the State of
Illinois, the Director shall make an emergency allocation of water upon a
showing by any user or applicant that:
1) A water shortage emergency exists, threatening the public
health, safety, or welfare of people whom the user or applicant intends to
supply with water; and
2) the user or applicant is making provisions to prevent the
continuation or recurrence of such emergency allocations by developing
alternative sources of water supply.
b) The effectiveness of an emergency allocation order shall last
until the Department has issued and entered an order after a hearing regarding
the emergency allocation is held in accordance with Section 3730.202(d).
c) All hearings on emergency allocations will be held after
notice has been given pursuant to Section 3730.206(a).
(Source: Amended at 9 Ill. Reg. 386, effective January 1, 1985)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.306 TRANSFER OF WATER USE RIGHTS
Section 3730.306 Transfer of
Water Use Rights
a) A user may not transfer any portion of its allocation of Lake
Michigan water to another user unless the transferor has satisfied all of the
conditions precedent attached to its water allocation permit and the Department
has approved the transfer according to the procedures in subsection (b) or (c).
b) All requests for transfers, except those described in subsection
(c), shall be processed as petitions for modification of the allocation permits
of the transferor and the transferee according to Sections 3730.204(c) and
3730.310. These requests shall not be approved or disapproved unless notice
has been given as provided in Section 3730.206 and a hearing has been held in
conformance with Subpart B.
c) Any request for a transfer that includes the following statements
may be approved by the Department after 30 days notice to all permittees and an
opportunity for hearing has been provided:
1) The transferor must have satisfied all of the conditions precedent
attached to its water allocation permit.
2) The transferee must be a duly constituted regional water
supply organization.
3) The transferor and transferee must clearly indicate that the
transferee assumes responsibility for compliance by the transferor with the
requirements of Sections 3730.307 and 3730.309.
4) The requested transfer must comprise 100% of the transferor's
allocation.
5) The transferred allocation must be used solely by the
transferor.
d) Transfers to another user of any part of an allocation, except
those transfers described in subsection (c), will be considered prima evidence
of a reduction in the transferor's water use needs equivalent in size to the
transferred allocation when the transferor applies for a renewal permit.
However, evidence that an applicant has obtained additional Lake Michigan water
from other users beyond that amount originally allocated to the transferee will
not be sufficient to establish a prima facie case that the
transferee-applicant's original allocation should be increased by a
corresponding amount.
e) All transfers terminate upon the expiration of the
transferor's allocation permit.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.307 CONSERVATION PRACTICES AND OTHER PERMIT CONDITIONS
Section 3730.307
Conservation Practices and Other Permit Conditions
a) The Department shall condition allocations within a user
category upon required conservation practices for each user category as
specified in subsections (b) and (c). Failure by any permittee to meet the
conservation requirements applicable to it within a reasonable period of time
will, upon notice, hearing and determination of the failure, constitutes a
violation of a Department order.
b) Permittees in Categories IA and IB shall limit non-revenue
water so that it is less than 12% of net annual pumpage (system input volume)
in Water Year 2015, decreasing to no more than 10% by Water Year 2019 and all
years thereafter. Permittees whose non-revenue water exceeds the non-revenue
thresholds (12% in Water Year 2015, decreasing to 10% by Water Year 2019) shall
submit a water system improvement plan that outlines the actions the permittee
plans to undertake, along with a timeframe, to reduce non-revenue water to less
than the thresholds outlined in this subsection. The Department may grant a
waiver to the requirements to submit a water system improvement plan to a
permittee whose non-revenue water exceeds the thresholds if it can be shown
that the reason for exceeding the non-revenue water threshold is due to
metered, but unbilled, consumption or to authorized, unmetered, unbilled
consumption when the quantity can be determined through acceptable engineering
practices. The Department recognizes that actions necessary to reduce water
losses can require significant capital expenditures and a lengthy timeframe,
and that communities face other pressing infrastructure needs, and will take
this into account in reviewing and approving water system improvement plans.
c) The Department shall require evidence of adoptions by the
permittee of the following conservation practices as applicable to the
particular user:
1) Leakage monitoring and correction for storage, transmission
and distribution systems.
2) Metering of all new construction. When practicable and
feasible, the Department recommends sub-metering in new multi-family buildings.
3) Metering of existing non-metered services as part of any major
remodeling.
4) The adoption of ordinances requiring that new and replacement
plumbing fixtures be a labeled WaterSense product, as specified by USEPA.
5) The adoption of ordinances requiring the installation of
closed system air conditioning in all new construction and in all remodeling.
6) The adoption of ordinances requiring that all lavatories for
public use in new construction or remodeling be equipped with metering or self-closing
faucets.
7) The adoption of ordinances requiring that all newly
constructed or remodeled car wash installations be equipped with a water
recycling system.
8) The adoption of ordinances that restrict non-essential outside
water uses to prevent excessive, wasteful use. These shall provide that
unrestricted lawn sprinkling will not be allowed from May 15 through September
15 of each year by requiring, as a minimum, that lawn sprinkling shall not
occur on consecutive days nor shall any lawn sprinkling occur during at least a
6 hour period in the middle of the day (i.e., 10 a.m. through 4 p.m., noon to 6
p.m.) when evapotranspiration is at its highest. New lawns (less than 3 months
old) may be exempted from this provision. In addition, new/replacement
sprinkler systems shall be equipped with a WaterSense labeled irrigation
controller and shall be in compliance with Section 2.5(g) of the Illinois
Plumbing License Law [225 ILCS 320].
9) Development and implementation of public programs to encourage
efficient water use.
10) Installation of facilities and implementation of programs to
reduce to a reasonable minimum, and to accurately account for, water used for
navigational and discretionary diversion purposes.
d) Within 90 days after receipt of an allocation permit, each
permittee that uses any water from deep aquifer pumpage shall submit and
implement a phased program designed to end this practice, other than for
emergency or standby use, within five years after the receipt of Lake Michigan
water. New applicants may petition the Department for a waiver of this
requirement, which the Department may grant if it determines that the applicant
has a legitimate legal or practical basis for its inability to comply with this
requirement and when a partial allocation of Lake Michigan water will result in
reduced pumpage from the deep aquifer. Existing permittees are not eligible to
petition the Department for a waiver of this requirement.
e) As a condition of receiving an allocation of Lake Michigan
water, all permittees will limit unmetered hydrant uses to 1% or less of net
annual pumpage in each annual accounting period. The Department may grant an
exception to this requirement if it can be shown by the user that this
requirement can't be met. In determining the merits of a request for an
exception, the Department considers such factors as engineering studies of
hydrant uses and unusual circumstances during an annual accounting period.
f) The Department recommends that all permittees adopt water rate
structures based on metered water use and that water rate structures be
developed that will discourage excessive water use. The Department also
recommends that water rates reflect the full cost of water, including the long
term cost to properly maintain and operate the water supply distribution system
in such a manner as to keep system losses to a minimum.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.308 DURATION OF PERMIT AND RENEWALS
Section 3730.308 Duration of
Permit and Renewals
a) The Department shall determine the duration of each allocation
permit, which shall be stated upon the face of the permit.
b) At the expiration of each allocation permit, the permit shall
be renewed year by year in the same amount and on the same conditions as were
in force upon expiration of the permit, unless any entity, or the Department on
its own motion, files a petition for modification in compliance with Section
3730.204(c) and 3730.310 and the Department determines that the petition is not
frivolous. A permit shall remain in force and effect pending a determination
by the Department of the issues raised in the modification proceedings.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.309 REPORTING REQUIREMENTS
Section 3730.309 Reporting
Requirements
a) Within 60 days after the end of each accounting period, all
permittees shall furnish the following information and such other information
relevant to the Lake Michigan allocation as the Department may require on forms
provided by the Department:
1) Total water use from all sources for the accounting year and
the percentage of water distributed through metered services;
2) Average daily water use by month from all sources for the
accounting year;
3) Maximum and minimum daily pumpage from all sources for the
accounting year and the dates of these events;
4) Total pumpage from Lake Michigan, shallow aquifer wells, and
deep aquifer wells, including the number and location of each well, and the
percentage of total water use for the accounting year from each source;
5) Individual well production rates for the accounting year,
including well numbers, average pumping rates, and average number of hours
pumped per day;
6) For each well, a list of all parameters that exceed the
standards in 35 Ill. Adm. Code 620;
7) A list of which wells, if any, interfere with each other
during simultaneous pumping;
8) A description of any problems anticipated from any well supply
during the next accounting period;
9) The amount and percentage of water from all sources for the
accounting period used for each of the following purposes:
A) Residential,
B) Industrial and commercial,
C) Municipal,
D) Firefighting and training,
E) Water main flushing,
F) Sewer flushing,
G) Street cleaning,
H) Public and private construction,
I) Leakage,
J) Lockage,
K) Storm water runoff,
L) Navigational makeup,
M) Discretionary diversion,
N) Unmetered services,
O) Non-revenue water, and
P) Other identified uses;
10) Summaries of the results and recommendations of any leak
surveys conducted in the accounting period;
11) Amounts transferred and sources of all water sold or otherwise
provided to any other named distribution system during the accounting period;
12) A copy of the current water rates for all consumers, including
an indication whether each water rate structure is declining, flat or
increasing; and
13) The name, address and telephone number of the person the
Department should contact if further information is needed.
b) Within 30 days after the end of each month, all permittees
with an intake structure on Lake Michigan shall state the daily pumpage rates
for Lake Michigan water, the monthly average pumpage rate, the average daily
supply transferred to other named entities, and such other information relevant
to the Lake Michigan allocation as the Department may reasonably require on
forms provided by the Department.
c) Within 30 days after the end of each month, all permittees who
are the first Illinois users of water diverted from Lake Michigan outside
Illinois shall state the daily pumpage rates for Lake Michigan water, the
monthly average pumpage rate, the average daily supply transferred to other
entities, and such other information relevant to the Lake Michigan allocation
as the Department may reasonably require on forms provided by the Department.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.310 PETITIONS FOR MODIFICATION
Section 3730.310 Petitions
for Modification
a) Petitions for modification of an allocation permit may be
filed by any entity at any time. Petitions for modification must comply with
Section 3730.204(c). If the Department finds that any such petition is
supported by an adequate statement of reasons, is not plainly devoid of merit
or frivolous, and does not deal with a subject on which a hearing has been held
within the preceding six months, a hearing shall be held pursuant to Sections
3730.201 through 3730.215. Copies of each petition for modification shall be
served upon all parties to the allocation proceedings. A copy of the service
list may be obtained from the Department.
b) Bases for modification of an allocation permit include, but
are not limited to:
1) Evidence of a substantial change in circumstances that results
in a change in water needs of the entity;
2) Violation of a permit condition and/or failure or neglect to
properly utilize an allocation;
3) Determination by the Department that a total reallocation is
necessary to best utilize the Lake Michigan diversion to preserve the health,
safety and welfare of the Northeastern Illinois Metropolitan Region; or
4) Notification received by the Department from the Illinois
Environmental Protection Agency stating that pollution abatement facilities
affecting the water quality of the Chicago Area Waterway System have become
operational or that standards affecting the water quality of the Chicago Area
Waterway System have been changed.
c) In the Department's determination of the outcome of a
modification proceeding, the Department shall determine the effect of a
modification on any outstanding securities, debt obligations or contractual
obligations of any permittee whose allocation is the subject of the
modification proceeding and shall endeavor to avoid any material adverse effect
on these obligations.
d) The Department may, in its discretion, schedule a hearing upon
any petition without regard to the existence of the factors listed in subsection
(b) if it deems holding the hearing to be in the public interest.
(Source: Amended at 38 Ill.
Reg. 22801, effective November 18, 2014)
SUBPART D: ADMINISTRATIVE REVIEW
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.401 ADMINISTRATIVE REVIEW
Section 3730.401
Administrative Review
All final administrative orders
of the Director except those orders which deal with rulemaking shall be subject
to judicial review pursuant to the Administrative Review Law [735 ILCS 5/Art.
III] by filing a complaint and causing the issuance of summons on the Director
and on each of the other defendants within 35 days from the date that a copy of
such order sought to be reviewed was served.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.402 MODIFICATION OF ORDER AND DECISION OF DEPARTMENT
Section 3730.402
Modification of Order and Decision of Department
The Director at any time prior
to the date on which he is required to file his answer in a judicial review
proceeding may upon reasonable advance notice given to all parties by
registered or certified mail, which notice shall not be less than ten days in advance
of such date, modify or set aside in whole or in part the Order and Decision
appealed from.
SUBPART E: PENALTIES
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SECTION 3730.501 PENALTIES
Section 3730.501 Penalties
Any person who shall neglect or
refuse or fail to obey any lawful order made by the Department or to carry the
same into effect in accordance with the terms thereof shall be guilty of a
business offense and shall be liable to a fine of not less than $1,000.00 nor
more than $10,000.00 to be recovered in the name of the People of the State of
Illinois in any court of competent jurisdiction, as provided in Section 8 of
the Act.
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