(A) Persons who own and/or operate one or more facilities in a groundwater protection area (GWPA) shall comply with this chapter. This obligation shall be joint and several.
(B) All facilities within a GWPA must comply with this chapter prior to issuance of any underlying permits. Existing facilities which are not applying for an underlying permit shall have one year from the effective date of this chapter to come into compliance.
(C) If the Director of Public Works determines that a facility, otherwise exempt from the permit requirements of this chapter, has a potential to degrade groundwater quality, then he or she may classify that facility as a new potential primary source, a potential route, or potential secondary source, and require that facility to comply with this chapter accordingly. Such determination shall be based upon site-specific data and shall be eligible for appeal pursuant to § 58.083 of this chapter.
(D) The following are exempt from the permit requirements of this chapter:
(1) The storage and handling of regulated substances for resale in their original unopened containers of five gallons (19 liters) or 40 pounds (18 kilograms) or less shall be exempt from the permit requirements of this chapter.
(2) De minimis usage of regulated substances: facilities that use, store, or handle regulated substances in quantities of five gallons (19 liters) or 40 pounds (18 kilograms) or less of any one regulated substance and in aggregate quantities of 20 gallons (76 liters) or 100 pounds (45 kilograms) or less of all regulated substances, shall be exempt from the permit requirement of this chapter.
(3) Single family residences, provided that no home business is operated on the premises.
(4) Public interest emergency use and storage of regulated substances.
(5) Regulated substances used by or for the village in wastewater treatment processes.
(6) Fueling of equipment not licensed for street use, provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent leakage or other violations of this chapter.
(E) The following are exempt from this chapter:
(1) Fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle.
(2) Existing heating systems using fuel oil.
(3) The activities of construction, repairing or maintaining any facility or improvement on lands within Zones 1, 2, or 3 provided that all contractors, subcontractors, laborers, material men and their employees when using, handling, storing or producing regulated substances in Zones 1, 2, or 3 use those applicable “Best Management Practices” set forth in Exhibit 3, attached to Ord. 99-18 and incorporated herein.
(4) Cleanups, monitoring and/or studies undertaken under supervision of the Illinois Environmental Protection Agency or other state regulatory agency or the U.S. Environmental Protection Agency.
(5) Activities specifically regulated under 35 Ill. Adm. Code parts 601.615, 616, and 617 (regulations for existing and new activities within setback zones and regulated recharge areas); 8 Ill. Adm. Code parts 255 and 256 (regulations for secondary containment for agricultural pesticide and fertilizer facilities); and 8 Ill. Adm. Code part 257 (cooperative groundwater protection program for agricultural chemical facilities within appropriate setback zones).
(6) If the owner of a new potential primary source, new potential secondary source, or new potential route is granted an exception by the Board (other than land filling or land treating) pursuant to the Act, such owner shall not be subject to this chapter to the same extent that such owner is not subject to the Act.
(7) If 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 pursuant to the Act, such owner shall not be subject to this chapter to the same extent that such owner is not subject to the Act.
(F) Any action by the Agency or Board referred to in this section shall not be final and binding on the village under this chapter until the village has received notice of such proposed action and has had reasonable opportunity to present evidence concerning its interest.
(Ord. 99-18, passed 6-7-1999)