Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart F - WATER QUALITY › Section 245.615 - Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon a
				determination of pollution or diminution by the Department, the Department
				shall issue a Notice of Violation and proceed with appropriate enforcement
				pursuant to Subpart K. The enforcement shall,
in addition to any other
				penalty available under the law
, require the permittee to complete
				remedial action to temporarily or permanently
restore or replace the
				affected
water
supply with an alternative source of water
				adequate in quantity and quality for the purposes served by the water
				source.
The quality of a restored or replaced water source
				shall meet or exceed the quality of the original water source based upon the
				results of the baseline test results under Section
245.600(b)
for that water source, or other available
				information.
Further, as appropriate, the Department may
				require the permittee to take immediate action, including, but not limited to,
				repair, replacement, alteration, or prohibition of operation of equipment
				permitted by the Department. The Department
, in consultation with the
				Agency and/or the Illinois Department of Public Health,
may
also
issue conditions
and orders
to protect the public
				health
, public safety, property, wildlife, aquatic life
or
				environment.
(Section 1-83(d) of the Act)
b)
Within 15 calendar days after a
				determination of pollution or diminution, the Department
shall, with
				assistance from other State and local agencies,
provide notice of
				its
Notice of Violation and determination on the Department's website
				and
to all persons that use the water source for domestic,
				agricultural, industrial, or any other legitimate beneficial uses,
as
				well as any certified local public health departments that serve those persons
				(Section 1-83(e) of the Act).
c)
Upon issuance of a
Notice of Violation pursuant to subsection
				(b),
the Department shall contact the Agency and forward all
				information to the Agency. The Agency shall investigate the potential for
				violations as designated within Section 1-87 of
the
Act
. (Section 1-83(f) of the Act)
d)
The Department shall publish, on
				its website, lists of confirmed
determinations of
pollution or
				diminution that result from high volume horizontal hydraulic fracturing
				operations
and are final administrative decisions.
This
				information shall be searchable by county.
(Section 1-83(h) of the
				Act)
e)
The Agency shall
				have the duty to investigate complaints that activities under
the
Act
or this Part
have caused a violation of Section 12
				of the Illinois Environmental Protection Act or surface or groundwater rules
				adopted under the Illinois Environmental Protection Act. Any action taken by
				the Agency in enforcing these violations shall be taken under and consistent
				with the Illinois Environmental Protection Act, including, but not limited to,
				the Agency's authority to seek a civil or criminal cause of action under that
				Act.
(Section 1-87(b) of the Act)