Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS
Subpart C - WATER WELL SETBACK EXCEPTION PROCEDURES
Section 106.310 - Burden of Proof

Universal Citation: 35 IL Admin Code ยง 106.310

Current through Register Vol. 48, No. 12, March 22, 2024

The burden of proof is on the petitioner. The petitioner must demonstrate that:

a) Compliance with the setback requirements of Section 14.2 or 14.3(e) of the Act would pose an arbitrary and unreasonable hardship;

b) The petitioner will utilize the best available control technology economically achievable to minimize the likelihood of contamination of the potable water supply well;

c) The maximum feasible alternative setback will be utilized; and

d) The location of the potential route will not constitute a significant hazard to the potable water supply well.

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