Sec. 3.08. Runoff Water.

314 words·~1 min read·/il/chapter-225/act-720/3-08

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.