An aquifer or a portion of an aquifer that meets the criteria
for an "underground source of drinking water" in Section
730.103 is an
"exempted aquifer" for a Class I, Class III, or Class V injection well if the
Board determines pursuant to 35 Ill. Adm. Code
704.123
that the aquifer meets the criteria of either subsections (a) and (b) or (a)
and (c). For a Class VI injection well, the Board must determine that the well
meets the criteria of subsection (d).
a) The aquifer does not currently serve as a
source of drinking water.
b) The
aquifer cannot now and will not in the future serve as a source of drinking
water because one or more of the following is true of the aquifer:
1) The aquifer is mineral, hydrocarbon, or
geothermal energy producing, or a permit applicant can demonstrate, as part of
a permit application for a Class II or III injection well, that the aquifer
contains minerals or hydrocarbons that are expected to be commercially
producible considering their quantity and location;
2) The aquifer is situated at a depth or
location that makes recovery of water for drinking water purposes economically
or technologically impractical;
3)
The aquifer is so contaminated that it would be economically or technologically
impractical to render that water fit for human consumption; or
4) The aquifer is located over a Class III
injection well mining area subject to subsidence or catastrophic
collapse.
c) The total
dissolved solids content of the groundwater in the aquifer is more than 3,000
and less than 10,000 mg/l, and the aquifer is not reasonably expected to supply
a public water system.
d) The areal
extent of an aquifer exemption for a Class II enhanced oil recovery or enhanced
gas recovery well is expanded for the exclusive purpose of Class VI injection
for geologic sequestration pursuant to 35 Ill. Adm. Code
704.123(d)
if the Agency determines that the aquifer meets the following criteria:
1) The aquifer does not currently serve as a
source of drinking water;
2) The
total dissolved solids content of the ground water in the aquifer is greater
than 3,000 mg/l and less than 10,000 mg/l; and
3) The aquifer is not reasonably expected to
supply a public water system.
