Ill. Admin. Code tit. 62, § 245.615 - Procedures
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 Section245.600(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)
Notes
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