Illinois Administrative Code
Title 62 - MINING
Part 245 - HYDRAULIC FRACTURING REGULATORY ACT
Subpart D - WELL SITE PREPARATION
Section 245.400 - Setback Requirements
Universal Citation: 62 IL Admin Code ยง 245.400
Current through Register Vol. 48, No. 12, March 22, 2024
a) Except as otherwise provided in this Section, no well site may be located as follows (Section 1-25(a) of the Act):
1)
within 500 feet measured
horizontally from any residence or place of worship unless the
landowner of the residence or the governing body of the place of
worship otherwise expressly agrees in writing to a closer well site
location (Section 1-25(a)(1) of the Act). This agreement shall
be signed and dated by the landowner of the residence or an authorized
representative of the governing body of the place of worship. A copy of the
agreement shall be submitted to the Department as part of the permit
application;
2)
within 500
feet measured horizontally from the edge of the property line from any school,
hospital, or licensed nursing home facility (Section 1-25(a)(2) of the
Act);
3)
within 500 feet
measured horizontally from the surface location of any existing water well or
developed spring used for human or domestic animal consumption, unless
the landowner or landowners of the well or developed spring
otherwise expressly agrees or agree in writing to a closer well site
location (Section 1-25(a)(3) of the Act). This agreement shall
be signed and dated by the landowner. A copy of the agreement shall be
submitted to the Department as part of the permit application;
4)
within 300 feet measured
horizontally from the center of a perennial stream or from the ordinary high
water mark of any river, natural or artificial lake, pond, or
reservoir (Section 1-25(a)(4) of the Act), unless the
landowner of a water source that is wholly contained within
the landowner's property expressly, in writing,
waives the setback requirements and agrees to a closer well
site location (Section 1-25(b) of the Act). This agreement
shall be signed and dated by the landowner. A copy of the agreement shall be
submitted to the Department as part of the permit application.
5)
within 750 feet of a nature
preserve or a site on the Register of Land and Water Reserves (Section
1-25(a)(5) of the Act); or
6)
within 1,500 feet of a surface water or groundwater intake of a public
water supply; the distance from the public water supply as identified by the
Department shall be measured as follows (Section 1-25(a)(6) of the
Act):
A)
For a surface water intake on
a lake or reservoir, the distance shall be measured from the intake point on
the lake or reservoir (Section 1-25(a)(6)(A) of the Act).
B)
For a surface water intake on a
flowing stream, the distance shall be measured from a semicircular radius
extending upstream of the surface water intake (Section 1-25(a)(6)(B)
of the Act).
C)
For a
groundwater source, the distance shall be measured from the surface location of
the groundwater wellhead or the ordinary high water mark of
the spring. The distance restrictions under this subsection
(a)shall be determined as conditions exist at the time of the
submission of the permit application pursuant to Section
245.210
(Section 1-25(a)(6)(C) of the Act).
b) Unless specified otherwise, all distances shall be measured to the closest edge of the well site. (Section 1-25(a) of the Act)
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