SB0130 94TH GENERAL ASSEMBLY

LRB094 04241 RSP 34265 b

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.

A BILL FOR

AN ACT concerning water authority.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Water Authorities Act is amended by adding Section 30 as follows:

(70 ILCS 3715/30 new)

Sec. 30. Certification program for high-capacity wells. The Authority may establish a program for certification within its jurisdiction, as provided in Section 7.5 of the Illinois Groundwater Protection Act.

Section 10. The Environmental Protection Act is amended by changing Section 15 as follows:

(415 ILCS 5/15) (from Ch. 111 1/2, par. 1015)

Sec. 15. Plans and specifications; demonstration of capability.

(a) Owners of public water supplies, their authorized representative, or legal custodians, shall submit plans and specifications to the Agency and obtain written approval before construction of any proposed public water supply installations, changes, or additions is started. Plans and specifications shall be complete and of sufficient detail to show all proposed construction, changes, or additions that may affect sanitary quality, mineral quality, or adequacy of the public water supply; and, where necessary, said plans and specifications shall be accompanied by supplemental data as may be required by the Agency to permit a complete review thereof.

(b) All new public water supplies established after October 1, 1999 shall demonstrate technical, financial, and managerial capacity as a condition for issuance of a construction or operation permit by the Agency or its designee. The demonstration shall be consistent with the technical, financial, and managerial provisions of the federal Safe Drinking Water Act (P.L. 93-523), as now or hereafter amended. The Agency is authorized to adopt rules in accordance with the Illinois Administrative Procedure Act to implement the purposes of this subsection. Such rules must take into account the need for the facility, facility size, sophistication of treatment of the water supply, and financial requirements needed for operation of the facility.

(c) In determining adequacy of the public water supply under this Section, the 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. The Department must provide information gathered from this determination to the Interagency Coordinating Committee on Groundwater for inclusion in its biennial report.

(Source: P.A. 92-651, eff. 7-11-02.)

Section 15. The Illinois Water Well Construction Code is amended by changing Section 6 as follows:

(415 ILCS 30/6) (from Ch. 111 1/2, par. 116.116)

Sec. 6. Rules and regulations. The Department shall adopt and amend rules and regulations reasonably necessary to effectuate the policy declared by this Act. Such rules and regulations shall provide criteria for the proper location and construction of any water well, closed loop well or monitoring well and shall, no later than January 1, 1988, provide for the issuance of permits for the construction and operation of water wells other than community public water systems, closed loop wells and monitoring wells. In addition, the Department shall adopt and amend rules and regulations reasonably necessary to effectuate the provisions of Section 7.5 of the Illinois Groundwater Protection Act. The Department shall by regulation require a one time fee, not to exceed $100, for permits for construction issued under the authority of this Act.

(Source: P.A. 86-843.)

Section 20. The Illinois Groundwater Protection Act is amended by adding Section 7.5 as follows:

(415 ILCS 55/7.5 new)

Sec. 7.5. Permit program for high-capacity wells.

(a) Prior to the issuance of a permit by the Department of Public Health under the Illinois Water Well Construction Code for a qualifying high-capacity well, an applicant for a well construction permit must submit documentation sufficient for the Department to determine that 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. For purposes of this certification, credit shall be given for the use of any recycling programs that replenish the groundwater source after extraction. The Department, with the advice of the Interagency Coordinating Committee on Groundwater and of the Groundwater Advisory Council, must establish, by rule, uniform documentation and information to be provided by the applicant.

(b) For purposes of this Section, a qualifying "high-capacity well" means a well that is designed to withdraw 170 gallons per minute, 250,000 gallons per day, or 7,500,000 gallons per month. A qualifying "high-capacity well" does not include the following:

(1) any well located within the boundaries of a water authority organized under the Water Authorities Act; and

(2) any well used exclusively for irrigation in agriculture or by any facility regulated under the Livestock Management Facilities Act.

(c) In developing the program, the Department must comply with all of the following:

(1) The program must provide alternate requirements for drought conditions.

(2) The program must provide the certification decision to the applicant within 30 days after the completed submission of required documents to the Department.

(3) The Department must provide information gathered from this program to the Interagency Coordinating Committee on Groundwater for inclusion in its biennial report.

(d) The Department must adopt rules for the implementation of the program no later than December 31, 2005.

Section 99. Effective date. This Act takes effect upon becoming law.