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.