TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 240 THE ILLINOIS OIL AND GAS ACT
SECTION 240.311 APPLICATION FOR FRESHWATER AQUIFER EXEMPTION
Section 240.311 Application for Freshwater Aquifer Exemption
a) If it is determined by the Department a freshwater aquifer exemption is required in order to permit and/or operate a Class II well, the applicant shall submit to the Department a written request to exempt the freshwater aquifer along with evidence showing the freshwater aquifer satisfies the criteria for an exemption.
b) A freshwater aquifer or a portion thereof may be determined under 40 CFR 146.4 to be exempted if evidence is submitted showing the following criteria are met:
1) The aquifer does not currently serve as a source of drinking water; and
A) The aquifer cannot now and will not in the future serve as a source of drinking water because:
i) the aquifer is mineral, hydrocarbon or geothermal energy producing, or can be demonstrated by a permit applicant as part of a permit application for a Class II or III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible; or
ii) the aquifer is situated at a depth or location that makes recovery of water for drinking water purposes economically or technologically impractical; or
iii) the aquifer is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or
iv) the aquifer is located over a Class III well mining area subject to subsidence or catastrophic collapse; or
B) The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/1 and it is not reasonably expected to supply a public water system.
c) After review and approval of the submitted evidence, the Department will forward the information, along with a recommendation, to the U.S. Environmental Protection Agency Region V Office for approval.
(Source: Added at 22 Ill. Reg. 22314, effective December 14, 1998)