Illinois Administrative Code
Title 62 - MINING
Part 245 - HYDRAULIC FRACTURING REGULATORY ACT
Subpart F - WATER QUALITY
Section 245.620 - Rebuttable Presumption of Pollution or Diminution

Universal Citation: 62 IL Admin Code ยง 245.620

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

a) This Section establishes a rebuttable presumption for use in determining the cause of water pollution or diminution, as defined by Section 1-5 of the Act, under Subpart K (Section 1-85(a) of the Act).

b) Unless rebutted by a defense established in subsection (c), it shall be presumed that any person conducting or who has conducted high volume horizontal hydraulic fracturing operations shall be liable for pollution or diminution of a water supply if (Section 1-85(b) of the Act):

1) the water source is within 1,500 feet of the well site (Section 1-85(b)(1) of the Act) where the HVHHF operations occurred;

2) water quality data showed no pollution or diminution before the start of high volume horizontal hydraulic fracturing operations (Section 1-85(b)(2) of the Act); and

3) the pollution or diminution occurred during high volume horizontal hydraulic fracturing operations or no more than 30 months after the completion of the high volume horizontal hydraulic fracturing operations (Section 1-85(b)(3) of the Act).

c) To rebut the presumption established under this Section, a person presumed responsible must affirmatively prove by clear and convincing evidence any of the following (Section 1-85(c) of the Act):

1) the water source is not within1,500 feet of the well site (Section 1-85(c)(1) of the Act);

2) the pollution or diminution occurred before the high volume horizontal hydraulic fracturing operations or more than 30 months after the completion of the high volume horizontal hydraulic fracturing operations (Section 1-85(c)(2) of the Act); and

3) the pollution or diminution occurred as the result of an identifiable cause other than the high volume horizontal hydraulic fracturing operations (Section 1-85(c)(3) of the Act).

Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.