Except as stated in this chapter, and unless a different meaning of a word or term is clear from the context, the definition of words or terms in this chapter shall be the same as those used in the Illinois Environmental Protection Act and the Illinois Groundwater Protection Act (ILCS Chapter 415, Act 5, §§ 14 et seq.), as amended from time to time.
ACT. The Illinois Environmental Protection Act (ILCS Chapter 415, Act 5, §§ 1 et seq.).
AGENCY. The Illinois Environmental Protection Agency.
AQUIFER. Saturated (with groundwater) soils and geologic materials which are sufficiently permeable to readily yield economically useful quantities of water to wells, springs, or streams under ordinary hydraulic gradients.
BOARD. The Illinois Pollution Control Board.
CONTAINMENT DEVICE. A device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground.
DIRECTOR OF PUBLIC WORKS. Duly appointed Director of Public Works for the Village of East Dundee.
FACILITY.
(1) Any building, structure, installation, equipment, pipe or pipeline including but not limited to any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or
(2) Any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located.
GROUNDWATER. Underground water which occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure.
GROUNDWATER PROTECTION AREA (GWPA). The portion of an aquifer within the minimum setback zone, maximum setback zone, or five-year capture zone of a well or well field, as delineated in Exhibit 2 of Ord. 99-18.
GROUNDWATER PROTECTION AREA PERMIT. An authorization by the Village of East Dundee for a person to store, handle, use or produce a regulated substance within a GWPA.
GROUNDWATER PROTECTION OVERLAY ZONES. Zones of the GWPA designated to provide differential levels of protection. Each GWPA is subdivided into three GROUNDWATER PROTECTION OVERLAY ZONES as described below and as illustrated in Exhibit 2 of Ord. 99-18.
(1) ZONE 1: MINIMUM SETBACK ZONE. The geographic area located between a well or well field providing potable water to a community water supply and a radial area of 400 feet (122 meters).
(2) ZONE 2: MAXIMUM SETBACK ZONE. The geographic area located between a well or well field providing potable water to a community water supply and a regular or irregularly shaped area not to exceed 1,000 feet (305 meters) from the wellhead, but excluding the minimum setback zone.
(3) ZONE 3: FIVE-YEAR CAPTURE ZONE. The geographic area located between a well or well field providing potable water to a community water supply and the delineated five-year zone of capture but excluding Zones 1 and 2.
NEW POTENTIAL PRIMARY SOURCE.
(1) A potential primary source which is not in existence or for which construction has not commenced at its location as of effective date of passage of this chapter;
(2) A potential primary source which expands laterally beyond the currently permitted boundary, or if the primary source is not permitted, the boundary in existence as of effective date of this chapter; or
(3) A potential primary source which is part of a facility that undergoes major reconstruction. Such reconstruction shall be deemed to have taken place where the fixed capital cost of the new components constructed within a two-year period exceed 50% of the fixed capital cost of a comparable entirely new facility.
Construction shall be deemed commenced when all necessary federal, state and local approvals have been obtained, and work at the site has been initiated and proceeds in a reasonably continuous manner to completion.
NEW POTENTIAL ROUTE.
(1) A potential route which is not in existence or for which construction has not commenced at its location as of effective date of this chapter; or
(2) A potential route which expands laterally beyond the currently, permitted boundary or, if the potential route is not permitted, the boundary in existence as of effective date of this chapter.
Construction shall be deemed commenced when all necessary federal, state and local approvals have been obtained, and work at the site has been initiated and proceeds in a reasonably continuous manner to completion.
NEW POTENTIAL SECONDARY SOURCE.
(1) A potential secondary source which is not in existence or for which construction has not commenced at its location as of effective date of this chapter;
(2) A potential secondary source which expands laterally beyond the currently permitted boundary or, if the secondary source is not permitted, the boundary in existence as of effective date of this chapter, other than an expansion for handling of livestock waste or for treating domestic wastewaters; or
(3) A potential secondary source which is a part of a facility that undergoes major reconstruction. Such reconstruction shall be deemed to have taken place where the fixed capital cost of the new components constructed within a two-year period exceed 50% of the fixed capital cost of a comparable entirely new facility.
Construction shall be deemed commenced when all necessary federal, state and local approvals have been obtained, and work at the site has been initiated and proceeds in a reasonably continuous manner to completion.
OPERATOR. Any person in control of, or having responsibility for daily operation of a facility.
OWNER. Any person who owns a site, facility or unit or part of a site, facility or unit, or who owns the land on which the site, facility or unit is located.
PERSON. Any person, individual, public or private corporation, firm, association, joint venture, trust, partnership, municipality, governmental agency, political subdivision, public officer, owner, lessee, tenant, or any other entity whatsoever or any combination of such, jointly or severally.
POTABLE WATER. Water that is satisfactory for drinking, culinary, and domestic purposes meeting currently accepted water supply practices and principles.
POTENTIAL PRIMARY SOURCE. Any unit at a facility or site not currently subject to a removal or remedial action which:
(1) Is utilized for the treatment, storage, or disposal of any hazardous or special waste not generated at the site;
(2) Is utilized for the landfilling, land treating, surface impounding or piling of any hazardous or special waste that is generated on the site or at other sites owned, controlled or operated by the same person; or
(3) Stores or accumulates at any time more than 75,000 pounds (34,020 kilograms) above ground, or more than 7,500 pounds (3,402 kilograms) below ground, of any hazardous substances.
POTENTIAL ROUTE. Abandoned and improperly plugged wells of all kinds, drainage wells, all injection wells, including closed loop heat pump wells of all kinds, drainage wells, all injection wells, including closed loop heat pump wells, and any excavation for the discovery, development or production of stone, sand or gravel.
POTENTIAL SECONDARY SOURCE. Any unit at a facility of a site not currently subject to a removal or remedial action, other than a potential primary source which:
(1) Is utilized for the landfilling, land treating, or surface impounding of waste that is generated on the site or at other sites owned, controlled or operated by the same person, other than livestock and landscape waste, and construction and demolition debris;
(2) Stores or accumulates at any time more than 25,000 pounds (11,340 kilograms) but not more than 75,000 pounds (34,020 kilograms) above ground, or more than 2,500 pounds (1,134 kilograms) but not more than 7,500 pounds (3,402 kilograms) below ground, of any hazardous substances;
(3) Stores or accumulates at any time more than 25,000 gallons (94,633 liters) above ground, or more than 500 gallons (1,893 liters) below ground, of petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance;
(4) Stores or accumulates pesticides, fertilizers, or road oils for purposes of commercial application or for distribution to retail sales outlets;
(5) Stores or accumulates at any one time more than 50,000 pounds (22,680 kilograms) of any de-icing agent; or
(6) Is utilized for handling livestock waste or for treating domestic wastewaters other than private sewage disposal systems as defined in the Private Sewage Disposal Licensing Act (ILCS Chapter 225, Act 225, §§ 1 et seq.).
RECHARGE AREA. The area through which precipitation and surface water can enter an aquifer.
REGULATED SUBSTANCES. Those substances found in Exhibit 1, attached to this chapter as Appendix A and incorporated herein.
SATURATED ZONE. The zone in which the voids in the rock or soil are filled with water at a pressure greater than atmospheric pressure.
SETBACK ZONE. A geographic area designated pursuant to the Act and this chapter, containing a potable water supply well or a potential source or potential route, having a continuous boundary, and within which certain prohibitions or regulations are applicable in order to protect groundwaters.
SITE. Any location, place, tract of land, or facilities, including but not limited to buildings, and improvements used for purposes subject to regulations or control by the Act or regulations thereunder.
UNAUTHORIZED RELEASE. Any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a regulated substance in a quantity greater than one gallon (eight pounds) from a facility into a containment system, into the air, into groundwater, surface water, surface soils or subsurface soils. UNAUTHORIZED RELEASE does not include: intentional withdrawals of regulated substances
for the purpose of legitimate sale, use, or disposal; and discharges permitted under federal, state, or local law.
UNDERLYING PERMIT. Includes the building permits, sewer connection agreements, stormwater detention permits, occupancy permits, preliminary plat and final plat (required by the village subdivision and planned unit development ordinances) and any other applicable approval or permit required by the village in relation to the facility.
UNIT. Any device, mechanism, equipment, or area (exclusive of land utilized only for agricultural production).
VILLAGE. The Village of East Dundee, Kane and Cook Counties, Illinois.
VILLAGE FIRE INSPECTOR. The East Dundee and Countryside Fire Protection District, which is contracted with by the village to provide fire inspection services.
WELL. Any excavation that is drilled, cored, bored, driven, dug, fitted or otherwise constructed when the intended use of such excavation is for the location, diversion, artificial recharge, or acquisition of groundwater.
WELL FIELD. An area which contains one or more wells for obtaining a potable water supply.
WELL NUMBER. A well number owned and operated by the village, as depicted on Exhibit 2 attached to Ord. 99-18.
(Ord. 99-18, passed 6-7-1999)