Full Text of SB2142 93rd General Assembly
SB2142sam003 93RD GENERAL ASSEMBLY
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Sen. Susan Garrett
Filed: 3/23/2004
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LRB093 15808 BDD 48976 a |
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| AMENDMENT TO SENATE BILL 2142
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| AMENDMENT NO. ______. Amend Senate Bill 2142, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Water Authorities Act is amended by adding | 6 |
| Section 30 as follows: | 7 |
| (70 ILCS 3715/30 new) | 8 |
| Sec. 30. Certification program for high-capacity wells. | 9 |
| The Authority may establish a program for certification within | 10 |
| its jurisdiction, as provided in Section 7.5 of the Illinois | 11 |
| Groundwater Protection Act. | 12 |
| Section 10. The Environmental Protection Act is amended by | 13 |
| changing Section 15 as follows:
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| (415 ILCS 5/15) (from Ch. 111 1/2, par. 1015)
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| Sec. 15. Plans and specifications; demonstration of | 16 |
| capability.
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| (a) Owners of public water supplies, their authorized | 18 |
| representative, or
legal custodians, shall submit plans and | 19 |
| specifications to the Agency and
obtain written approval before | 20 |
| construction of any proposed public water
supply | 21 |
| installations, changes, or additions is started. Plans and
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| specifications shall be complete and of sufficient detail to |
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| show all
proposed construction, changes, or additions that may | 2 |
| affect sanitary
quality, mineral quality, or adequacy of the | 3 |
| public water supply; and,
where necessary, said plans and | 4 |
| specifications shall be accompanied by
supplemental data as may | 5 |
| be required by the Agency to permit a complete
review thereof.
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| (b) All new public water supplies established after October | 7 |
| 1, 1999 shall
demonstrate technical, financial, and managerial | 8 |
| capacity as a condition for
issuance of a construction or | 9 |
| operation permit by the Agency or its designee.
The | 10 |
| demonstration shall be consistent with the technical, | 11 |
| financial, and
managerial provisions of the federal Safe | 12 |
| Drinking Water Act (P.L. 93-523), as
now or hereafter amended. | 13 |
| The Agency is authorized to adopt
rules in accordance with the | 14 |
| Illinois Administrative Procedure Act to implement
the | 15 |
| purposes of this subsection. Such rules must take into account | 16 |
| the need
for the facility, facility size, sophistication of | 17 |
| treatment of the water
supply, and financial requirements | 18 |
| needed for operation of the facility. | 19 |
| (c) In determining adequacy of the public water supply | 20 |
| under this Section, the Agency must determine if the applicant | 21 |
| has a sufficient quantity of water to provide for its | 22 |
| extraction without adverse impact to the aquifer, environment, | 23 |
| or existing wells dependant on the water source. The Department | 24 |
| must provide information gathered from this determination to | 25 |
| the Interagency Coordinating Committee on Groundwater for | 26 |
| inclusion in its biennial report.
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| (Source: P.A. 92-651, eff. 7-11-02.)
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| Section 15. The Illinois Water Well Construction Code is | 29 |
| amended by changing Section 6 as follows:
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| (415 ILCS 30/6) (from Ch. 111 1/2, par. 116.116)
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| Sec. 6. Rules and regulations. The Department shall adopt | 32 |
| and amend rules and regulations reasonably
necessary to |
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| effectuate the policy declared by this Act. Such rules and
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| regulations shall provide criteria for the proper location and | 3 |
| construction
of any water well, closed loop well or monitoring | 4 |
| well and shall, no
later than January 1, 1988, provide for
the | 5 |
| issuance of permits for the construction and operation of water | 6 |
| wells
other than community public water systems, closed loop | 7 |
| wells and
monitoring wells. In addition, the Department shall | 8 |
| adopt and amend rules and regulations reasonably necessary to | 9 |
| effectuate the provisions of Section 7.5 of the Illinois | 10 |
| Groundwater Protection Act. The
Department shall by
regulation | 11 |
| require a one time
fee, not to exceed $100, for permits for | 12 |
| construction issued under the
authority of this Act.
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| (Source: P.A. 86-843.)
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| Section 20. The Illinois Groundwater Protection Act is | 15 |
| amended by adding Section 7.5 as follows: | 16 |
| (415 ILCS 55/7.5 new) | 17 |
| Sec. 7.5. | 18 |
| (a)Prior to the issuance of a permit by the Department of | 19 |
| Public Health under the Illinois Water Well Construction Code | 20 |
| for a qualifying high-capacity well, an applicant for a well | 21 |
| construction permit must submit documentation sufficient for | 22 |
| the Department to determine that the applicant has a sufficient | 23 |
| quantity of water to provide for its extraction without adverse | 24 |
| impact to the aquifer, environment, or existing wells dependant | 25 |
| on the water source. For purposes of this certification, credit | 26 |
| shall be given for the use of any recycling programs that | 27 |
| replenish the groundwater source after extraction. The | 28 |
| Department, with the advice of the Interagency Coordinating | 29 |
| Committee on Groundwater and of the Groundwater Advisory | 30 |
| Council, must establish, by rule, uniform documentation and | 31 |
| information to be provided by the applicant. | 32 |
| (b)For purposes of this Section, a qualifying |
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| "high-capacity well" means a well that is designed to withdraw | 2 |
| 170 gallons per minute, 250,000 gallons per day, or 7,500,000 | 3 |
| gallons per month. | 4 |
| A qualifying "high-capacity well" does not include the | 5 |
| following: | 6 |
| (1) any well located within the boundaries of a water | 7 |
| authority organized under the Water Authorities Act; | 8 |
| (2) any well used exclusively for irrigation in | 9 |
| agriculture; and | 10 |
| (3) any well used for non-irrigation agricultural | 11 |
| purposes that is not located within 25 miles of any | 12 |
| metropolitan area. | 13 |
| (c)In developing the program, the Department must comply | 14 |
| with all of the following: | 15 |
| (1) The program must provide alternate requirements | 16 |
| for drought conditions. | 17 |
| (2) The program must provide the certification | 18 |
| decision to the applicant within 30 days after the | 19 |
| completed submission of required documents to the | 20 |
| Department. | 21 |
| (3) The Department must provide information gathered | 22 |
| from this program to the Interagency Coordinating | 23 |
| Committee on Groundwater for inclusion in its biennial | 24 |
| report. | 25 |
| (d) The Department, by rule, may establish a fee for the | 26 |
| review of documentation and information necessary for | 27 |
| certification, provided that the fee is not more than necessary | 28 |
| to cover the actual costs of this program. | 29 |
| (e) The Department must adopt rules for the implementation | 30 |
| of the program no later than December 31, 2005.
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| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.".
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