Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart F - WATER QUALITY › Section 245.600 - Water Quality Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
Water quality monitoring shall be conducted pursuant to the
				  requirements of this Section and in accordance with the water quality
				  monitoring work plan submitted pursuant to Section
				  245.210(a)(20).
				  Unless specified otherwise, all distances are measured horizontally from the
				  closest edge of the well site.
a)
				Water Quality Monitoring Work Plan
Each applicant for a high volume horizontal hydraulic
				  fracturing permit shall provide the Department with a
water quality
				  monitoring
work plan to ensure accurate and complete sampling and
				  testing as required under this Section.
A water quality monitoring
work plan shall include, at a minimum, the following
(Section
				  1-80(a) of the Act):
1)
information identifying all water sources within the range of testing
				under this Section
(Section 1-80(a)(1) of the Act);
2)
a sampling plan and
				protocol
consistent with the requirements of subsections (b), (c) and
				(d),
including notification to the Department at least 7 calendar days
				prior to sample collection
(Section 1-80(a)(2) of the Act);
3)
the name and contact information
				of an independent third party under the supervision of a professional engineer
				or professional geologist that shall be designated to conduct sampling to
				establish a baseline as provided for under subsection (b)
(Section
				1-80(a)(3) of the Act);
4)
the name and contact information of an independent third party under
				the supervision of a professional engineer or professional geologist that shall
				be designated to conduct sampling to establish compliance with monitoring as
				provided within subsection
(c)
(Section 1-80(a)(4) of
				the Act);
5)
the name and
				contact information of an independent testing laboratory
accredited or
				certified by the Agency
to perform the required laboratory
				method
and
to conduct the analysis required under subsections
				(b) and
(c) (Section 1-80(a)(5) of the Act). When no laboratory has
				been accredited or certified by the Agency to analyze a particular substance
				requested in subsection (d), results will be considered only if they have been
				analyzed by a laboratory accredited or certified by another State agency or an
				agency of the federal government, if the standards used for the accreditation
				or certification of that laboratory are substantially equivalent to the
				accreditation standard under Section 4(o) of the Illinois Environmental
				Protection Act [415 ILCS 5 ];
6)
				proof that the applicant provided each landowner referenced in subsections
				(a)(7) through (a)(10) with a notice of water sampling rights under the Act
				pursuant to a form prescribed by the Department and prior to the landowner's
				execution of any document regarding water sampling.
7)
proof of access and the right to
				test within the area for testing prescribed within
				subsections
(b)
and (c) (Section 1-80(a)(6) of the
				Act);
8)
copies of any
				non-disclosure agreements made
with landowners, if applicable (Section
				1-80(a)(6) of the Act).
Landowners of private property may condition
				access or permission for sampling of private water wells or ponds wholly
				within
their
property or a portion of any perennial stream or
				river that flows through
their
property under a non-disclosure
				agreement
that includes
the following terms and
				conditions
(Section 1-80(d) of the Act):
A)
the permittee shall provide the
				results of the water quality testing to the
private
property
landowners (Section 1-80(d)(1) of the Act);
B)
the permittee shall retain the
				results of
all
water quality testing
conducted
				pursuant subsections (b) and (c)
until at least 1 year after completion
				of all
water quality
monitoring for review by the Department
				upon request
(Section 1-80(d)(2) of the Act);
C)
the permittee shall not file with
				the Department the results of the water quality testing, except that under
				subsection
(a)(7)(D) (Section 1-80(d)(3) of the Act)
;
				and
D)
the
				permittee shall notify
and provide to
the Department
and the Agency
within 7 calendar days of its receipt of the water
				quality data any testing under subsection (c)
indicating
concentrations
that
exceed the standards or criteria
				referenced in the definition of "pollution or diminution" under
				Section
245.110
				(Section 1-80(d)(4) of the Act);
9) documentation that
the landowner
				of the private property declines, expressly and in writing, to provide access
				or permission for sampling,
if applicable. Under these conditions,
				s
ampling of
private
water wells or ponds wholly
				contained within private property shall not be required
(Section
				1-80(d) of the Act);
10)
evidence as to the good faith efforts
(for example, logs of
				oral communications and copies of written communication)
that were made
				to secure documentation
that
the
landowner
of
				the private property declines to provide proof of his or her refusal to allow
				access
for the purposes of conducting sampling
in
				writing
, if applicable.
Permits issued under
this
				Part
cannot be denied if the
landowner
of the private
				property declines to provide proof of his or her refusal to allow access in
				writing and the permittee provides evidence that good faith efforts were made
				to gain access for the purposes of conducting
sampling (Section
				1-80(d) of the Act); and
11)
identification of practicable contingency measures, including provision
				for alternative drinking water supplies, which could be implemented in the
				event of pollution or diminution of a water source as provided for in
				Section
245.610
				(Section 1-80(a)(7) of the Act).