Section 675.10  Definitions

 

            "Act" means the Water Use Act of 1983 (Ill. Rev. Stat. 1985, ch. 5, par. 1601 et seq., as amended by P.A. 85-905, effective November 18, 1987, and P.A. 85-483, effective September 17, 1987).

 

            "Aquifer" means a water-bearing geologic formation, group of geologic formations, or part of a geologic formation that has the characteristics to receive, store, and transmit groundwater.

 

            "Artesian aquifer" or "confined aquifer" means an aquifer confined from the top and bottom at a particular location such that the groundwater in the aquifer is under pressure greater than the atmosphere.  As a result, the water level in a well tapping an artesian aquifer rises above the top of the aquifer.  A flowing artesian well results when pressure in the artesian aquifer is sufficient to cause the water level in the well to rise above the land surface.

 

            "Artificial wants" means a use of water that may increase comfort, aesthetic, and propriety, but is not essential for existence.  Artifical wants include, but are not limited to, street cleaning, washing vehicles, and watering lawns.

 

            "Consolidated aquifer" means an aquifer formed in hard bedrock materials, such as limestone, dolomite, and sandstone.

 

            "Critical water level" means the elevation or depth of the water level for an aquifer below which suggests that the aquifer resource is being depleted on a long-term basis based upon monitoring of well water levels.

 

            "Drawdown" means the difference between the static and pumping water level in a well.

 

            "High capacity well" means a well capable of producing more than 100,000 gallons of groundwater a day.

 

            "Natural wants" means the use of water that is necessary for existence of man or beast.  Natural wants include, but are not limited to, quenching thirst; household uses of cooking, washing, bathing, and sanitation purposes; watering animals or livestock; and fire protection.

 

            "Public water supply well" means a water distribution system relying on a well or wells and servicing at least 25 people for 60 or more days a year.

 

            "Pumping water level" means the resulting water level in a well following a period of use.

 

            "Static water level" or "nonpumping water level" means the water level in a well which occurs during a period when the well is not being used.

 

            "Unconfined aquifer" or "water table aquifer" means an aquifer that is exposed to the atmosphere through openings in the overlying materials which extend to the land surface.  Groundwater in an unconfined aquifer is not under any additional pressure; therefore, the water level in a well tapping an unconfined aquifer reflects the true top of an unconfined aquifer.

 

            "Unconsolidated aquifer" means an aquifer formed in loose or uncemented materials, such as soil, sand, and gravel.

 

            "Units of local government" mean villages, municipalities, townships, counties, and water districts.

 

            "Water table" means that surface of an unconfined groundwater body which is under atmospheric pressure.  The water table marks the top of an unconfined aquifer.

 

            "Well" is used synonymously with point of withdrawal and is meant to include any continuous structure, such as a shaft or hole or a series of connected shafts or holes in the earth, which is used for withdrawing groundwater.

 

Section 675.20  Notifying the District of Incoming Substantial Users of Groundwater

 

a)         Any land occupier or person who is planning to develop a new high capacity well for the purpose of withdrawing groundwater shall provide written notification to the county soil and water conservation district in which the proposed well is to be located, before water is withdrawn.  The notification requirement applies to all counties in Illinois, except those counties (i.e., Lake, McHenry, Cook, DuPage, Will and Kane Counties) governed by the provisions of "AN ACT in relation to the regulation and maintenance of the levels in Lake Michigan and to the diversion and apportionment of water from the Lake Michigan Watershed" (Ill. Rev. Stat. 1985, ch. 19, par. 119 et seq.).  Written notification given to the Soil and Water Conservation District of a permit application, which is made in accordance with The Surface-Mined Land Conservation and Reclamation Act (Ill. Rev. Stat. 1985, ch. 96½, par. 4501 et seq.), shall be considered as meeting the notification requirements of this Section.

 

b)         The land occupier or person planning to develop a high capacity well shall provide written notification to the District.  The notification shall require the following information:

 

1)         Name, address, and phone number of proposed well owner;

 

2)         Date of notification;

 

3)         Legal description of the proposed well location, including county, township, range, and section (quarter/quarter);

 

4)         General location description (e.g., nearby buildings or landmarks);

 

5)         Proposed well identification (i.e., name or number if assigned);

 

6)         Proposed well depth in feet;

 

7)         Proposed well casing diameter (inches), depth to bottom (feet), weight and thickness;

 

8)         Proposed well screen length (feet), diameter (inches), and depth to bottom (feet);

 

9)         Proposed well pump type, gallons per minute capacity, head rating, motor horse power, and power source;

 

10)         Type of aquifer (e.g., consolidated, unconsolidated, water table, or artesian);

 

11)         Predicted static water level;

 

12)         Anticipated maximum daily withdrawal and total annual withdrawal anticipated;

 

13)         Planned use of well:

 

A)          If for agricultural use, the number of people and farm animals served.  If used for irrigation, the total acres, crop rotation, acres to be irrigated, type of irrigation equipment, travel speed, maximum capacity in gallons per minute, and total number of additional wells in use;

 

B)          If for domestic use, the number of people served and total number of additional wells in use;

 

C)          If for municipal or non-community (e.g., seasonal resort) use, the total population, average daily withdrawal, the total number of additional wells in use; or

 

D)          If for industrial use, purpose for which water is used, average daily withdrawal, and total number of additional wells in use.

 

14)         Name, address, and phone number of drilling contractor;

 

15)         Names of landowners or occupiers within a one mile radius, except in villages or municipalities in which case only the total number of residents within a one mile radius; and

 

16)         Names of local units of government with public water supply systems within a one mile radius.

 

Section 675.30  Notification to Units of Local Government

 

a)         Upon receipt of notification of a planned high capacity well, the District shall provide written notification to local units of government with a public water supply well located within one mile of the proposed high capacity well.  A list of local units of government with public water supply wells in a county shall be supplied to each District by the Illinois State Water Survey.

 

b)         A written notification to the local unit of government with a public water supply well located within one mile of a proposed high capacity well shall be made to the chief executive officer of the local unit of government.  The notification shall be mailed within five (5) working days of having received written notification of the proposed high capacity well by the land occupier or owner.  The letter of notification to the local unit of government shall contain the following information:

 

1)         The statutory authority under which the notification is being made;

 

2)         The name and address of the soil and water conservation district making the notification;

 

3)         The distance the proposed high capacity well is from the well or wells of the local unit of government;

 

4)         Planned use of the proposed high capacity well;

 

5)         The steps the District shall take to review the possible impacts of the planned groundwater withdrawal; and

 

6)         A statement that the findings of such review will be sent to the local unit of government.

 

Section 675.40  Review of Water Withdrawal Impacts on Other Users of Groundwater

 

a)         When a District receives written notification by a land occupier or person that a high capacity well is planned, it shall within five (5) working days request the assistance of the Illinois State Water Survey and the Illinois State Geological Survey in reviewing the proposed withdrawal's effect upon other users of water.  The review of the proposed withdrawal's effect shall consist of an examination of the information submitted to the District under Section 675.20 and may also include a study of geological data, groundwater aquifer maps, test well data, and the relationship to the location of the proposed well, if such information is available.

 

b)         The request for the assistance of the Illinois State Water Survey and the Illinois State Geological Survey shall be in writing and shall include a copy of the notification information collected by the District from the land occupier or person proposing the high capacity well.

 

Section 675.50  Making Public the Review Findings

 

a)         Upon the completion of a review of the proposed withdrawal's impacts on other users of water by the District, the Illinois State Water Survey, and the Illinois State Geological Survey, the findings of the review shall be made public in an informational announcement.

 

b)         The District shall publish an informational announcement in any newspaper with a circulation covering an area of at least twenty-five miles in radius from the proposed point of withdrawal within ten (10) days following the completion of the review.

 

c)         The informational announcement shall include the following:

 

1)         The statutory authority under which the informational announcement is published;

 

2)         The name of the soil and water conservation district;

 

3)         The purpose of the announcement;

 

4)         The location of the proposed high capacity well, including county, township, range, and section; and

 

5)         The location and hours during which the report containing the review findings may be examined.

 

d)         If the completed review indicates that the proposed high capacity well may affect the groundwater supplies of a local unit of government, the District shall notify that local unit of government in writing within ten (10) days.  The possible effects shall be described, and a copy of the completed review shall be attached.

 

e)         The District shall notify in writing within ten (10) days the land occupier or person who is proposing the high capacity well when the completed review indicates that the proposed new well may affect the groundwater supplies of a local unit of government or a private well owner.  The possible effects to the well of the local unit of government or private well owner shall be described, and a copy of the completed review shall be attached.

 

Section 675.60  Applicability of Provisions in Subpart B

 

The provisions of Subpart B of these rules apply solely to the Kankakee, Iroquois, Tazewell, and McLean County Soil and Water Conservation Districts.

 

Section 675.70  Registration of Existing High Capacity Wells

 

a)         A land occupier or person with an existing high capacity well shall register that well with the District in which it is located.  A land occupier or person who is planning to develop a new high capacity well shall register that well in accordance with Subpart A of this Part.

 

b)         To register a high capacity well, the following information shall be submitted in writing to the District:

 

1)         Name, address, and phone number of the high capacity well owner;

 

2)         Date of registration;

 

3)         Legal description of the well location, including county, township, range, and section (quarter/quarter);

 

4)         General location description (e.g., nearby buildings or landmarks);

 

5)         Well identification (i.e., name or number if assigned);

 

6)         Well depth in feet;

 

7)         Well casing diameter (inches), depth to bottom (feet), weight and thickness;

 

8)         Well screen length (in feet), diameter (inches), and depth to bottom (in feet);

 

9)         Well pump type, gallons per minute capacity, head rating, horse power, and power source;

 

10)         Type of aquifer utilized (e.g., consolidated, unconsolidated, water table, or artesian);

 

11)         Present static water level, date and time of measurement;

 

12)         Maximum daily withdrawal and total annual withdrawal;

 

13)         Use of well:

 

A)          If for agricultural use, the number of people and farm animals served.  If used for irrigation, the total acres, crop rotation, acres to be irrigated, type of irrigation equipment, travel speed, maximum capacity in gallons per minute, and total number of additional wells in use;

 

B)          If for domestic use, the number of people served and total number of additional wells in use;

 

C)          If for municipal or non-community (e.g., seasonal resorts) use, the total population, average daily withdrawal, and total number of additional wells in use; or

 

D)          If for industrial use, purpose for which water is used average daily withdrawal, and total number of additional wells in use.

 

14)         Name, address, and phone number of drilling contractor.

 

Section 675.80  Recommended Guidelines for the Construction of Wells and the Type and Setting of Pumps

 

a)         The district, with the assistance and approval of the Illinois Department of Agriculture, shall issue recommended guidelines for the construction of all groundwater withdrawal points, and the type and setting of pumps for use in those points of withdrawal (Section 5.1 of the Act). It is not the intent of these guidelines to supersede the Illinois Water Well Construction and Pump Installation Codes (77 Ill. Adm. Code 920 and 925), and all constructed wells and well pump installations shall comply with those Codes.

 

b)         A natural consequence of groundwater withdrawal is drawdown in the source aquifer.  An aquifer can safely support a certain amount of drawdown (called "allowable drawdown") without jeopardizing the availability of the regional groundwater resources.  This allowable drawdown implies that there is a critical water level elevation for the aquifer.  As long as the actual water level in the aquifer does not fall below the critical water level elevation, the aquifer resource remains protected.  It is the intent of the recommended guidelines to promote construction of new wells which will provide an uninterrupted supply of water for reasonable use (see Section 4(g) of the Act and Section 675.10) with the aquifer water level at or above the critical water level.

 

c)         The recommended guidelines for the minimum aquifer penetration and pump intake settings, based upon aquifer type, shall be:

 

1)         Unconsolidated or consolidated (bedrock) aquifers under artesian conditions:  The minimum well penetration into the aquifer shall be 100% or 80 feet, whichever is less.  The minimum pump intake setting shall be at or as close as possible to the top of the well screen for unconsolidated aquifers.  For consolidated wells, the minimum pump intake setting shall be at the depth corresponding to 50% of the well's penetration into the aquifer.  If instability in the bedrock aquifer precludes setting the pump intake at this depth, the pump setting shall be adjusted to a depth which alleviates the condition.

 

2)         Unconsolidated or consolidated (bedrock) aquifers under water table conditions:  The minimum well penetration shall be 100% for these aquifers which can be fully penetrated within 100 feet of land surface or which are less than or equal to 50 feet thick.  The minimum well penetration for aquifers greater than 50 feet thick shall be 50 feet or 50% of the aquifer thickness, whichever is greater.  The minimum pump intake setting shall be at or as close as possible to the top of the well screen in unconsolidated aquifers.  For consolidated wells, the minimum pump intake setting shall be at the depth corresponding to 50% of the well penetration into the aquifer.  Note:  The aquifer thickness is controlled by the saturated thickness of the permeable geologic materials.  For a water table aquifer, this thickness changes throughout the year as the water table rises and falls in response to natural groundwater recharge and runoff.  Therefore, the aquifer thickness for water table conditions used in determining the minimum well penetration will be the thickness which results with the natural average annual low water table at the point of withdrawal as obtained from scientific data on the aquifer, hydrology, and geology of the area.

 

3)         Multiple or combined aquifers (both consolidated and unconsolidated):  In some areas a hydraulic connection exists between more than one interval of water-bearing unconsolidated and/or consolidated deposits such that all deposits will respond in varying degrees to pumpage from a select few.  The degree of interconnection can vary from deposit to deposit which influences both the response time and magnitude. In some cases, the interconnection allows several units to be treated collectively as one aquifer.  In most cases, one deposit or a small group of deposits can be designated the primary aquifer whether it be the thickest, most permeable, deepest, or largest in areal extent.  For multiple aquifers, the minimum well penetration and pump intake setting shall be used from the aquifer classifications (Subsections (c)(1) and (c)(2) of this Section) which correspond to the primary aquifer at each individual point of withdrawal.  If designation of a primary aquifer is not possible, the minimum well penetration and pump intake setting shall be determined on an individual case by case basis in accordance with the scientific data on the groundwater aquifer, hydrology, and geology of the area as may be available from the well driller, Illinois State Water Survey, and State Geological Survey.

 

d)         The well pump shall be of the type to provide the necessary lift capabilities so that an uninterrupted supply of water for reasonable use (see Section 4(g) of the Act and Section 675.10) is obtained should water levels in the aquifer at the well site approach the critical groundwater level.  Furthermore, an access opening to measure the well water level shall be provided.  Such measurements are commonly obtained with a measuring tape or electric probe and require a sanitary access opening into the well which allows insertion of a ¾ inch diameter tape or probe.  The access opening shall conform to the Illinois Water Well Pump Installation Code (77 Ill. Adm. Code 925.40(h)).

 

e)         Copies of the recommended guidelines shall be printed by the Department of Agriculture and shall be made available upon request from the Kankakee, Iroquois, Tazewell, and McLean County Soil and Water Conservation District offices.

 

Section 675.90  Investigating a Complaint

 

a)         A land occupier or person whose well fails to produce a normal, uninterrupted supply of water due to the water level in the source aquifer falling below the critical groundwater level elevation may file a complaint with the District in which the affected well is located.  If the affected well is located in a District adjacent to Kankakee, Iroquois, Tazewell, or McLean and the high capacity well is located in one of those Districts, then the complaint may be filed in the District where the high capacity well is located.  What constitutes a normal supply of water shall be determined by information on the well provided by the land occupier or person filing the complaint and scientific data on the aquifer, hydrology, and geology of the area provided by the Illinois State Water Survey and Illinois State Geological Survey.  The complaint shall be filed in writing.

 

b)         The written complaint shall contain the following information concerning the complainant's own well:

 

1)         Complainant's name, address, and phone number;

 

2)         Date the complaint is filed;

 

3)         Legal description of the location of the effected well, including county, township, range, and section (quarter/quarter);

 

4)         General location description (e.g., nearby buildings or landmarks);

 

5)         Well identification (i.e., name or number if assigned);

 

6)         Well depth (in feet);

 

7)         Well causing diameter (inches), depth to bottom (feet), weight and thickness;

 

8)         Well screen length (feet), diameter (inches), and depth to bottom (feet);

 

9)         Well pump type, gallons per minute capacity, head rating, horse power, and power source;

 

10)         Type of aquifer utilized (e.g., consolidated, unconsolidated, confined, or unconfined);

 

11)         Present static water level and original static water level, along with the dates measured, name of the person who obtained these measurements, and the method used to obtain the measurement; and

 

12)         A description of the kind of access available at the well head through which the well water level can be measured and when access to the well can be made.  Access to the well's head for measurement purposes shall be made available by the well owner before any measurements can be taken.

 

13)         Use of the well:

 

A)          If for domestic use, the number of people served and total number of additional wells in use;

 

B)          If for agricultural use, the number of people and farm animals served.  If used for irrigation, the total acres, crop rotation, acres to be irrigated, type of irrigation equipment, travel speed, maximum capacity in gallons per minute, and total number of additional wells in use;

 

C)          If for municipal or non-community (e.g., seasonal resort) use, the total population, average daily withdrawal, and total number of additional wells in use; or

 

D)          If for industrial use, purpose for which water is used, average daily withdrawal, and total number of additional wells in use.

 

14)         Name, address, and phone number of the contractor who drilled the well;

 

15)         Normal yield in gallons per minute, pumping water level, and date measured;

 

16)         Description of the problem;

 

17)         Suspected cause of the problem;

 

18)         Past well problems

 

19)         Estimated number of gallons required per day; and

 

20)         A copy of the well log with pump performance curve (if available). The Illinois State Water Survey and Illinois State Geological Survey can be contacted for a copy of the well record if one exists in their files.

 

c)         Within two (2) working days after receiving a written complaint, the District shall schedule a visit to the complainant's well to investigate and determine if the complaint is valid.  Access to the complainant's well by the District, the Illinois State Geological survey, and the Illinois Department of Agriculture, shall be permitted by the complainant for investigative purposes.  Employees of the before-stated agencies who are investigating the complaint may request permission from any land occupier or person owning a high capacity well that is located within a one mile radius of the affected well for an on-site investigation of that well when data is needed to determine if the high capacity well is affecting the complainant's well.  In order to be considered a valid complaint, the investigation must confirm all of the following points:

 

1)         The well is failing to furnish a normal uninterrupted supply of water.

 

2)         The failure of the well to furnish its normal supply of water is caused by a lowering of groundwater levels in the area below the critical groundwater elevation, and not by physical equipment malfunctions, such as a faulty pump, a clogged well screen, a cracked or corroded drop pipe, a collasped well casing, or a malfunctioning pressure tank.  If it is suspected during the investigation that a physical equipment malfunction is the problem, the investigation shall be suspended until this can be determined by a licensed water well drilling contractor, water well installer, or plumber.

 

3)         The well and its equipment meet or exceed the recommended guidelines set forth in Section 675.80.  Wells in violation of the Illinois Water Well Construction and Pump Installation codes shall be brought into compliance to validate the complaint.

 

d)         The soil and water conservation district may request technical assistance from the Illinois State Water Survey and the Illinois State Geological Survey in conducting the investigation and writing the report. The request shall be in writing, and include a copy of the complaint form.

 

e)         The District shall prepare a written report based upon the findings of the investigation.  The written report shall describe the findings of the District with respect to the validity of the complaint, a description of the problem, the probable causes of groundwater impacts with regard to the affected well, the probable causes for groundwater deficiencies, conclusions, and a recommended plan of action.

 

f)         A copy of the report shall be made available upon request.

 

Section 675.100  Recommending Groundwater Withdrawal Restrictions to the Department of Agriculture

 

a)         Based upon information derived from the investigation, the District may recommend to the Department that the Department restrict the quantity of water that one or more land occupiers or persons within the District's boundaries may extract.  If the District concludes that a groundwater withdrawal restriction on one or more high capacity wells within the District is necessary to preserve a water supply for reasonable use (see Section 4(g) of the Act and Section 675.10 of these rules) for any person in the District, the District may recommend to the Department of Agriculture that groundwater restrictions be place on any high capacity well.

 

b)         The recommendation to the Department of Agriculture shall be in writing and shall include the following attachments:

 

1)         A copy of the complaint filed with the District by the land occupier or person whose well is affected; and

 

2)         A copy of the investigation report prepared by the District.

 

Section 675.110  Restricting Groundwater Withdrawal

 

a)         Upon receipt from a District of a written recommendation for restricting groundwater withdrawal, the Department shall initiate a review of the District's recommendation within three (3) working days of receiving the recommendation to determine concurrence or nonconcurrence with the District's recommendations.

 

b)         The Department of Agriculture's review shall consist of the following:

 

1)         All facts and data concerning the groundwater hydrology and geology of the area that were collected by the District;

 

2)         The validity of the complaint (see Section 675.90(c)), conclusion and recommendations made by the District;

 

3)         An examination of the plan of action recommended by the District;

 

4)         The reasonable use (see Section 4(g) of the Act and Section 675.10) water needs of users within the affected area to the extent such use can be determined; and

 

5)         The availability of supplemental water supplies, including the opportunity for groundwater recharge or a delivered water supply.

 

c)         If the Department concurs with the District's recommendation to restrict groundwater withdrawal, a groundwater withdrawal restriction shall be placed on any high capacity well or wells within the District's boundaries that are primarily affecting the aquifer.

 

d)         Notice of the restriction and the authority of the Department of Agriculture to issue such restriction shall be sent to each land occupier or person possessing or operating one or more high capacity wells where groundwater restrictions are necessary and to the District filing the restriction recommendation.  The restriction notice shall be sent by certified mail, with return receipt requested, and specify the following:

 

1)         The date the restriction becomes effective;

 

2)         The well or wells that the restrictions apply to, specifying the general location description, and the legal description of the well site as stated on the registration form.

 

3)         The maximum number of gallons per day that may be withdrawn;

 

4)         Records of daily withdrawals and/or times of well pumping must be regularly and accurately maintained during the restriction by the land occupier or person possessing or operating each well;

 

5)         The reason or reasons for the withdrawal restrictions; and

 

6)         The time period for which the restrictions apply, if this can be determined pursuant to this Part.

 

e)         The restrictions on groundwater withdrawal shall be rescinded by the Department when justified by changed groundwater conditions, such as recharge of groundwater supplies due to increased precipitation, or a seasonal or otherwise lessened demand for groundwater resources.  When groundwater withdrawal restrictions are to be rescinded, the Department of Agriculture shall notify the land occupiers or persons possessing the point or points of withdrawal where the restrictions are in effect, and the District in which the points of withdrawal are located.  The rescinded restriction notice shall be made in writing and specify the following:

 

1)         The date the rescinded restriction become effective;

 

2)         The well or well that the rescinded restrictions apply to, specifying the general location description and legal description of the well sites as stated on the registration form; and

 

3)         The reason or reasons for rescinding the restrictions.

 

Section 675.120  Nonconcurrence with the Director's Recommendation

 

If the Department of Agriculture does not concur with the District's recommendation for restricting groundwater withdrawals, the District shall be notified in writing of the reason or reasons why the recommendation cannot be affirmed.  In addition, the Department shall send written notification to each land occupier or person whose high capacity well(s) is affected by the recommendation, and to the land occupier or person who filed the complaint, to inform them of the Department of Agriculture's reasons for nonconcurrence.  The Department may modify its recommendation and resubmit it to the Department as a new complaint.

 

Section 675.130  Request for an Administrative Hearing

 

a)         If the District, a land occupier or person whose high capacity well is affected, or a land occupier or persons filing the complaint disagree with the decision of the Department of Agriculture, a hearing may be requested concerning the decision.  The request shall be made to the Department in writing.

 

b)         The Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and the rules governing formal administrative hearings (8 Ill. Adm. Code 1) shall govern the hearing conducted by the Department of Agriculture.

 

c)         Final decisions of the Department of Agriculture may be appealed in accordance with the Administrative Review Law (Ill. Rev. Stat. 1985, ch. 110, par 3-101 et seq.).

 

Section 675.140  Penalties for Noncompliance

 

Penalties for noncompliance with the Act shall be as set forth in Section 7 of the Act.