Illinois General Assembly - Full Text of SB0130
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Full Text of SB0130  94th General Assembly

SB0130 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0130

 

Introduced 2/1/2005, by Sen. Susan Garrett

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 3715/30 new
415 ILCS 5/15   from Ch. 111 1/2, par. 1015
415 ILCS 30/6   from Ch. 111 1/2, par. 116.116
415 ILCS 55/7.5 new

    Amends the Illinois Groundwater Protection Act. Requires the Department of Natural Resources to develop a program to require and issue permits for high-capacity wells. Sets forth requirements for the program. Amends the Environmental Protection Act. Provides that in determining adequacy of the public water supply, the Environmental Protection Agency must determine if the applicant has a sufficient quantity of water to provide for its extraction without adverse impact to the aquifer, environment, or existing wells dependant on the water source. Amends the Water Authorities Act and the Illinois Water Well Construction Code to make corresponding changes. Effective immediately.


LRB094 04241 RSP 34265 b

 

 

A BILL FOR

 

SB0130 LRB094 04241 RSP 34265 b

1     AN ACT concerning water authority.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Water Authorities Act is amended by adding
5 Section 30 as follows:
 
6     (70 ILCS 3715/30 new)
7     Sec. 30. Certification program for high-capacity wells.
8 The Authority may establish a program for certification within
9 its jurisdiction, as provided in Section 7.5 of the Illinois
10 Groundwater Protection Act.
 
11     Section 10. The Environmental Protection Act is amended by
12 changing Section 15 as follows:
 
13     (415 ILCS 5/15)  (from Ch. 111 1/2, par. 1015)
14     Sec. 15. Plans and specifications; demonstration of
15 capability.
16     (a) Owners of public water supplies, their authorized
17 representative, or legal custodians, shall submit plans and
18 specifications to the Agency and obtain written approval before
19 construction of any proposed public water supply
20 installations, changes, or additions is started. Plans and
21 specifications shall be complete and of sufficient detail to
22 show all proposed construction, changes, or additions that may
23 affect sanitary quality, mineral quality, or adequacy of the
24 public water supply; and, where necessary, said plans and
25 specifications shall be accompanied by supplemental data as may
26 be required by the Agency to permit a complete review thereof.
27     (b) All new public water supplies established after October
28 1, 1999 shall demonstrate technical, financial, and managerial
29 capacity as a condition for issuance of a construction or
30 operation permit by the Agency or its designee. The

 

 

SB0130 - 2 - LRB094 04241 RSP 34265 b

1 demonstration shall be consistent with the technical,
2 financial, and managerial provisions of the federal Safe
3 Drinking Water Act (P.L. 93-523), as now or hereafter amended.
4 The Agency is authorized to adopt rules in accordance with the
5 Illinois Administrative Procedure Act to implement the
6 purposes of this subsection. Such rules must take into account
7 the need for the facility, facility size, sophistication of
8 treatment of the water supply, and financial requirements
9 needed for operation of the facility.
10     (c) In determining adequacy of the public water supply
11 under this Section, the Agency must determine if the applicant
12 has a sufficient quantity of water to provide for its
13 extraction without adverse impact to the aquifer, environment,
14 or existing wells dependant on the water source. The Department
15 must provide information gathered from this determination to
16 the Interagency Coordinating Committee on Groundwater for
17 inclusion in its biennial report.
18 (Source: P.A. 92-651, eff. 7-11-02.)
 
19     Section 15. The Illinois Water Well Construction Code is
20 amended by changing Section 6 as follows:
 
21     (415 ILCS 30/6)  (from Ch. 111 1/2, par. 116.116)
22     Sec. 6. Rules and regulations. The Department shall adopt
23 and amend rules and regulations reasonably necessary to
24 effectuate the policy declared by this Act. Such rules and
25 regulations shall provide criteria for the proper location and
26 construction of any water well, closed loop well or monitoring
27 well and shall, no later than January 1, 1988, provide for the
28 issuance of permits for the construction and operation of water
29 wells other than community public water systems, closed loop
30 wells and monitoring wells. In addition, the Department shall
31 adopt and amend rules and regulations reasonably necessary to
32 effectuate the provisions of Section 7.5 of the Illinois
33 Groundwater Protection Act. The Department shall by regulation
34 require a one time fee, not to exceed $100, for permits for

 

 

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1 construction issued under the authority of this Act.
2 (Source: P.A. 86-843.)
 
3     Section 20. The Illinois Groundwater Protection Act is
4 amended by adding Section 7.5 as follows:
 
5     (415 ILCS 55/7.5 new)
6     Sec. 7.5. Permit program for high-capacity wells.
7     (a) Prior to the issuance of a permit by the Department of
8 Public Health under the Illinois Water Well Construction Code
9 for a qualifying high-capacity well, an applicant for a well
10 construction permit must submit documentation sufficient for
11 the Department to determine that the applicant has a sufficient
12 quantity of water to provide for its extraction without adverse
13 impact to the aquifer, environment, or existing wells dependant
14 on the water source. For purposes of this certification, credit
15 shall be given for the use of any recycling programs that
16 replenish the groundwater source after extraction. The
17 Department, with the advice of the Interagency Coordinating
18 Committee on Groundwater and of the Groundwater Advisory
19 Council, must establish, by rule, uniform documentation and
20 information to be provided by the applicant.
21     (b) For purposes of this Section, a qualifying
22 "high-capacity well" means a well that is designed to withdraw
23 170 gallons per minute, 250,000 gallons per day, or 7,500,000
24 gallons per month. A qualifying "high-capacity well" does not
25 include the following:
26         (1) any well located within the boundaries of a water
27     authority organized under the Water Authorities Act; and
28         (2) any well used exclusively for irrigation in
29     agriculture or by any facility regulated under the
30     Livestock Management Facilities Act.
31     (c) In developing the program, the Department must comply
32 with all of the following:
33         (1) The program must provide alternate requirements
34     for drought conditions.

 

 

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1         (2) The program must provide the certification
2     decision to the applicant within 30 days after the
3     completed submission of required documents to the
4     Department.
5         (3) The Department must provide information gathered
6     from this program to the Interagency Coordinating
7     Committee on Groundwater for inclusion in its biennial
8     report.
9     (d) The Department must adopt rules for the implementation
10 of the program no later than December 31, 2005.
 
11     Section 99. Effective date. This Act takes effect upon
12 becoming law.