A. Purpose: Pursuant to the authority conferred by 65 Illinois Compiled Statutes 5/7-4-2 and 5/11-125-4 and in the interest of securing the public health, safety, and welfare; to preserve the quality and quantity of the city 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 adopted by the city shall apply to all properties located within the minimum setback zone established under section 5/14.2 of the environmental protection act ("act") 1 and this section, and the maximum setback zone established under section 5/14.3 of the act 2 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 3 :
ACT: The environmental protection act 4 .
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 5/14.3 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 5/14.2 of the act and this section, and described in appendix A attached to the ordinance codified herein.
C. Prohibitions:
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 otherwise in subsection D of this section, no person shall place a new potential primary source within the maximum setback zone.
D. Waiver, Exceptions And Certifications Of Minimal Hazard:
1. If, pursuant to section 5/14.2(b) of the act, the owner of a new potential primary source, new potential secondary source, or a 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 5/14.2(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 5/14.2(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 5/14.5 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 5/14.4(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 5/17 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. 1181, 7-6-1992; amd. 2006 Code)
Notes
| 1 | 1. 415 ILCS 5/14.2. |
| 2 | 2. 415 ILCS 5/14.3. |
| 3 | 3. 415 ILCS 55/1 et seq. |
| 4 | 4. 415 ILCS 5/1 et seq. |