A. Statute Authority; Purpose; Scope: Pursuant to the authority conferred by 65 Illinois Compiled Statutes 5/11-125-4, 415 Illinois Compiled Statutes 5/14.2, 5/14.3 and 5/17.1, and in the interest of securing the public health, safety, and welfare; to preserve the quality and quantity of groundwater resources in order to assure a safe and adequate water supply for present and future generations; and to preserve groundwater resources currently in use and those aquifers having a potential for future use as a public water supply, the provisions of this section shall apply to all properties located within the minimum setback zone established under section 14.2 of the environmental protection act ("act") and this section, and the maximum setback zone established under section 14.3 of the act and this section.
B. Definitions: Except as stated in this section, and unless a different meaning of a word or term is clear from the context, the definitions of words or terms in this section shall be the same as those used in the act and the Illinois groundwater protection act 1 :
ACT: The environmental protection act 2 .
AGENCY: The Illinois environmental protection agency.
BOARD: The Illinois pollution control board.
MAXIMUM SETBACK ZONE: The area around a community water supply well established under section 14.3 of the act and this section, and described in appendix A attached to the ordinance codified herein.
MINIMUM SETBACK ZONE: The area around a community water supply well established under section 14.2 of the act and this section, and described in appendix A attached to the ordinance codified herein.
C. Prohibitions: With respect to well no. 4 (IEPA #52049), well no. 3 (IEPA #52048) and well no. 5 (IEPA #01527):
1. Except as provided in subsection D or E of this section, no person shall place a new potential primary source, new potential secondary source, or new potential route within the minimum setback zone.
2. Except as provided in subsection D of this section, no person shall place a new potential primary source within the maximum setback zone unless the source is placed beyond one thousand feet (1,000') from the wellhead.
3. Except as provided in subsection D of this section, no person shall place a new potential primary route within the maximum setback zone.
D. Waivers, Exceptions And Certifications Of Minimal Hazard:
1. If, pursuant to section 14.2(b) of the act, the owner of a new potential primary source, new potential secondary source, or new potential route is granted a waiver by the agency, such owner shall be deemed to have a waiver to the same extent from subsection C1 of this section.
2. If, pursuant to section 14.2(c) of the act, the owner of a new potential primary source (other than land filling or land treating), new potential secondary source, or new potential route is granted an exception by the board, such owner shall be deemed to have an exception to the same extent from subsection C1 of this section.
3. If, pursuant to section 14.2(c) of the act, the owner of a new potential primary source (other than land filling or land treating) is granted an exception by the board, such owner shall be deemed to have an exception to the same extent from subsection C2 of this section.
4. If, pursuant to section 14.5 of the act, the owner of a new potential primary source, new potential secondary source, or new potential route is issued a certificate of minimal hazard by the agency, such owner shall not be subject to subsection C1 of this section to the same extent that such owner is not subject to section 14.2(d) of the act.
E. Exclusion: Subsection C1 of this section shall not apply to new common sources of sanitary pollution as specified pursuant to section 17 of the act and the regulations adopted thereunder by the agency; however, no such common sources may be located within the applicable minimum distance from a community water supply well specified by such regulations. (Ord. 11-2005, 5-9-2005)
Notes
| 1 | 1. 415 ILCS 55/1 et seq. |
| 2 | 2. 415 ILCS 5/1 et seq. |
A. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
PERSON: Any individual, partnership, copartnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns.
POTABLE WATER: Any water used for human or domestic consumption including, but not limited to, water used for drinking, bathing, swimming, washing dishes or preparing foods.
B. Areas Where Use Prohibited: The use of, or attempted use of, groundwater from within the corporate limits of the city as a potable water supply by the installation or drilling of wells or by any other method is hereby prohibited. This prohibition expressly includes the city. (Ord. 18-2005, 10-10-2005)
C. Penalty: Any person violating the provisions of this section shall be subject to a fine of up to seven hundred fifty dollars ($750.00) for each violation. (Ord. 18-2005, 10-10-2005; amd. 2017 Code)