(225 ILCS 720/3.08) (from Ch. 96 1/2, par. 7903.08)
Sec. 3.08.
Runoff Water.
(a) All runoff water from affected areas shall
be impounded, drained, or treated so as to reduce soil erosion, damage to
unmined lands, and pollution of streams and other waters. The operator
shall construct earth dams where lakes may be formed, in accordance with
sound engineering practices and standards adopted by the Department by rule,
(1) if necessary or desirable to impound water, and (2) if the formation
of the lakes or ponds will not interfere with underground or other mining
operations or other subsequent uses of the area authorized by the Department,
and will not damage adjoining property. Such water impoundments shall be
approved by the Department based on the expected ability of the lakes or
ponds to support desirable uses such as water for recreation, livestock
or wildlife; and if to be used for fish life,
shall have minimum depths in accordance with standards for fish stocking
in the various areas of the State adopted by the Department by rule.
(b) Permanent impoundments of water shall only be authorized when the
applicant adequately demonstrates and the Department finds that:
(1) the size of the impoundment is adequate for the intended use;
(2) the impoundment dam construction will be designed so as to achieve
necessary stability with an adequate margin of safety compatible with that
of structures constructed under Section 1006 of Title 16 of the United States Code;
(3) the quality of impounded water will be permanently suitable for intended
use and will comply with standards established by applicable water quality laws;
(4) the level of the water will remain reasonably stable;
(5) final grading will provide adequate safety and access for future users
of the impounded water; and
(6) the impoundments will not result in the diminution of the quality
or quantity of water utilized by adjacent or surrounding landowners for
agricultural, industrial,
recreational or domestic uses.
(Source: P.A. 81-1015.)
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