Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart D - WELL SITE PREPARATION › Section 245.400 - Setback Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Except as otherwise provided in this Section, no well site may be
				located as follows
(Section 1-25(a) of the Act):
1)
within 500 feet measured
				horizontally from any residence or place of worship unless the
landowner
of the residence or the governing body of the place of
				worship otherwise expressly agrees in writing to a closer well
site
location
(Section 1-25(a)(1) of the Act). This agreement shall
				be signed and dated by the landowner of the residence or an authorized
				representative of the governing body of the place of worship. A copy of the
				agreement shall be submitted to the Department as part of the permit
				application;
2)
within 500
				feet measured horizontally from the edge of the property line from any school,
				hospital, or licensed nursing home facility
(Section 1-25(a)(2) of the
				Act);
3)
within 500 feet
				measured horizontally from the surface location of any existing water well or
				developed spring used for human or domestic animal consumption, unless
				the
landowner or landowners
of the well or developed spring
				otherwise expressly agrees or agree in writing to a closer well
site
location
(Section 1-25(a)(3) of the Act). This agreement shall
				be signed and dated by the landowner. A copy of the agreement shall be
				submitted to the Department as part of the permit application;
4)
within 300 feet measured
				horizontally from the center of a perennial stream or from the ordinary high
				water mark of any river, natural or artificial lake, pond, or
				reservoir
(Section 1-25(a)(4) of the Act),
unless the
landowner
of a water source that is wholly contained within
				the
landowner's
property expressly
, in writing,
				waives the setback requirements and agrees
to a closer well
site
location
(Section 1-25(b) of the Act). This agreement
				shall be signed and dated by the landowner. A copy of the agreement shall be
				submitted to the Department as part of the permit application.
5)
within 750 feet of a nature
				preserve or a site on the Register of Land and Water Reserves
(Section
				1-25(a)(5) of the Act); or
6)
within 1,500 feet of a surface water or groundwater intake of a public
				water supply; the distance from the public water supply as identified by the
				Department shall be measured as follows
(Section 1-25(a)(6) of the
				Act):
A)
For a surface water intake on
				a lake or reservoir, the distance shall be measured from the intake point on
				the lake or reservoir
(Section 1-25(a)(6)(A) of the Act).
B)
For a surface water intake on a
				flowing stream, the distance shall be measured from a semicircular radius
				extending upstream of the surface water intake
(Section 1-25(a)(6)(B)
				of the Act).
C)
For a
				groundwater source, the distance shall be measured from the surface location of
				the
groundwater
wellhead or the ordinary high water mark of
				the spring. The distance restrictions under this subsection
				(a)
shall be determined as conditions exist at the time of the
				submission of the permit application
pursuant to Section
				245.210
				(Section 1-25(a)(6)(C) of the Act).