Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart C - ALLOCATION RULES › Section 3730.301 - Allocation Permits

Current through Register Vol. 48, No. 28, July 12, 2024
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.