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(525 ILCS 45/5.1) (from Ch. 5, par. 1605.1)
Sec. 5.1. Groundwater Emergency Restrictions.
(a) Each District within
any county in Illinois through which the Iroquois River flows, and each
District within any county in Illinois with a population in excess of
100,000 through which the Mackinaw River flows, is authorized
to recommend to the Department of Agriculture restrictions on groundwater
withdrawal as provided by this Section.
A land occupier or person who
possesses land which contains an existing point of withdrawal that is a high-capacity well or is proposing a new point of withdrawal that is a high-capacity well shall register that
point of withdrawal with the District and shall furnish such reasonable
data in such form as may be required by the District.
(b) The District, with the assistance and approval of the Department of
Agriculture, shall issue recommended guidelines for the construction of
points of withdrawal and the type and setting of pumps for use in those
points of withdrawal. Copies of the guidelines shall be made available
from the District upon request.
(c) Within 2 working days after receiving a written complaint from a
land occupier or a person whose point of withdrawal has failed to furnish
its normal supply of water, the District shall schedule an on-site
investigation. If the investigation discloses (1) that the point of
withdrawal fails to furnish its normal supply of water, (2) that the
failure is caused by a substantial lowering of the level of groundwater in
the area, and (3) that the point of withdrawal and its equipment conform to
the recommended guidelines of the District issued under subsection (b), the
District may recommend to the Department of Agriculture that the Department
restrict the quantity of water that a person may extract from any high-capacity well within the District's boundaries. The restriction shall be expressed
in gallons of water, may apply to one or more points of withdrawal within
the District, and may be broadened or narrowed as appropriate. The
restrictions shall be lifted as soon as justified by changed conditions.
(d) When a District determines that restriction of the withdrawal of
water at a particular point within the District is necessary to preserve an
adequate water supply for all residents in the District, the District may
recommend to the Department of Agriculture that the Department restrict the
quantity of water that may be extracted from any point of withdrawal within
the District which is a high-capacity well. The Department shall review the District's
recommendation and if it agrees with such recommendation shall restrict the
withdrawal of water within the District in accordance with subsection (c)
and shall notify each land occupier or person who possesses land which
contains a registered point of withdrawal affected by the restriction.
If the Department disagrees with the District's recommendation, it shall
notify the District, the land occupier or the person who possesses land
which contains a registered point of withdrawal affected by the
recommendation and the complainant, giving the reason for the failure to
affirm the recommendation. The Department may propose an alternate
recommendation.
If the District, the respondent or the complainant disagrees with the
decision of the Department, such person may request an administrative hearing
to
be conducted by the Department in accordance with the Illinois
Administrative
Procedure Act to show cause concerning its decision.
Final decisions of the Department pursuant to this Section may be
appealed in accordance with the Administrative Review Law.
(e) The Department is authorized to promulgate rules and
regulations, including emergency rules, for the implementation of this
amendatory Act of 1987.
The Department may set the general policy for the Districts to follow in
the administration of this Act.
(Source: P.A. 96-222, eff. 1-1-10.)
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