A. IEPA Regulations Adopted: The environmental protection act, as set forth in 415 Illinois Compiled Statutes 5/1 et seq., be and the same is hereby adopted as the pollution control regulations for the village of Fox Lake, and said act hereby referred to and adopted by reference is made a part hereof as if fully set out within this chapter. Three (3) copies of said act shall be and remain on file in the office of the village clerk for public inspection.
B. Minimum And Maximum Community Water Supply Well Setback Zone Provisions:
1. Purpose:
a. To protect the public interest in the health, safety and general welfare by protecting groundwater resources from contamination by uses of property or other activities of individuals.
b. To implement the policy of the state of Illinois to restore, protect, and enhance the groundwater of the state, as a natural and public resource under all lawful authority of the village of Fox Lake.
c. To recognize the essential and pervasive role of groundwater in the social and economic well being of the people of the village of Fox Lake and its vital importance to the general health, safety and welfare.
d. To protect potable water supply wells from adverse effects of biological, bacterial, viral, radiological, toxic and chemical contamination.
e. To prevent costs to the public of millions of dollars for the replacement of contaminated water wells that have afflicted Illinois communities.
f. To promote the beneficial and legitimate use of groundwater resources consistent with a policy of sustainability of quality and quantity.
2. Definitions: Except as stated in this section, and unless a different meaning of a word or term is clear from the context, the definition of words or terms in this subsection shall be the same as those used in the act and the Illinois groundwater protection act 1 .
ACT: The environmental protection act, 415 Illinois Compiled Statutes 5/1 (1996).
AGENCY: The 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 as shown in attachment A on file in the office of the village clerk.
MINIMUM SETBACK ZONE: The area around a community water supply well established under section 14.2 of the act and this section, and as shown in attachment A on file in the office of the village clerk.
PRIMARY, SECONDARY, AND ROUTE SOURCES: Those new potential uses and activities identified and listed by the local government, board or the agency.
3. Prohibited Uses And Activities:
a. Except as provided in subsection B4 or B5 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.
b. Except as provided otherwise in subsection B4 of this section, no person shall place a new potential primary source within the maximum setback zone.
c. Except as provided in subsection B4 or B5 of this section, no person shall alter or change an existing primary source, secondary source, or potential route in a manner that would be prohibited by a new source or route.
d. The zones designated on attachment A attached to the ordinance codified herein shall be created based on available geologic, hydrologic and other scientific data in order to prevent locations of uses and activities which may cause bacterial, viral, or chemical contamination. Such designation shall be entitled to a presumption of validity when challenged by any affected party.
4. Waivers, Exceptions, And Certification Of Minimal Hazard:
a. 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 B3a of this section.
b. If, pursuant to section 14.2(c) of the act, the owner of a new potential primary source (other than landfilling or land treating), 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 B3 of this section to the same extent that such owner is not subject to the act.
c. 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 B3a of this section to the same extent that such owner is not subject to section 14.2(d) of the act.
d. Any action by the agency or board pursuant to this section, shall not be final until the village of Fox Lake has had at least thirty (30) days' notice of such a proposed action and has had the opportunity to present evidence concerning its interest.
5. Exclusion: Subsection B3a 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.
6. Permit:
a. In addition to an agency or board approval any activity subject to subsection B4 of this section shall not be established without application for and obtaining of a groundwater protection permit issued by the state of Illinois. Such permit may be part of and a precondition for issuance of any other permit required by ordinance, including, but not limited to, zoning, subdivision, building, construction or disposal.
b. A fee for the issuance of the groundwater protection permit shall be in the amount of two thousand dollars ($2,000.00), and is intended to be sufficient to defray the cost of review of necessary construction and drainage documentation and for necessary inspections of the use or activity.
c. Application for a groundwater protection permit shall be on forms provided by the village. Such application shall authorize reasonable inspection of the property involved without necessity of a warrant.
d. Pursuant to formal agreement of the agency, other responsible units of government and the village of Fox Lake they may delegate and share permitting, inspection and enforcement authority as specified in such agreements.
C. Violations: Violation of this section shall be punishable by a fine in keeping with the provisions of the act and in an amount not to exceed seven hundred fifty dollars ($750.00) and each day of violation constitutes a separate offense. Enforcement of the terms of this section may also be sought by temporary and permanent injunction in any court of competent jurisdiction.
D. Severability: The several provisions of this section are severable and if any court of competent jurisdiction shall adjudge any portion of this section to be invalid or that any provision is invalid as applied to a particular property interest, such judgment shall not affect the validity of other parts of this section or its validity to properties not included in the court's judgment. (Ord. 2014-26, 9-9-2014)
Notes
| 1 | 1. 415 ILCS 55/1 et seq. |