(A) Purpose. Pursuant to the authority conferred by state law; 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 this section and ILCS Ch. 415, Act 5, § 14.2, Environmental Protection Act (“Act”), and the maximum setback zone established under ILCS Ch. 415, Act 5, § 14.3 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 definition of words or terms in this section shall be the same as those used in the Act and the Illinois Groundwater Protection Act, ILCS Ch. 415, Act 55, §§ 1 et seq.
ACT. The Environmental Protection Act, ILCS Ch. 415, Act 5, §§ 1 et seq.
AGENCY. The Illinois Environmental Protection Agency.
BOARD. The Illinois Pollution Control Board.
COMMUNITY WATER SUPPLY. A public supply, which serves or is intended to serve at least 15 service connections used by residents or regularly serves at least 25 residents at least 60 days per year.
MAXIMUM SETBACK ZONE. The area around a community water supply well established under ILCS Ch. 415, Act 5, § 14.3 and this section, and described in Appendix A to Chapter 154.
MINIMUM SETBACK ZONE. The area around a community water supply well established under ILCS Ch. 415, Act 5, § 14.2 and this section, and described in Appendix A to Chapter 154.
NEW POTENTIAL PRIMARY OR SECONDARY SOURCE.
(a) A potential primary or secondary source which is not in existence or for which construction has not commenced at its location as of January 1, 1988 and July 1, 1988, respectively;
(b) A potential primary or secondary source which expands laterally beyond the currently permitted boundary or, if the primary source is not permitted, the boundary in existence as of January 1, 1988 or July 1, 1988 (other than an expansion for handling of livestock waste or for treating domestic wastewaters), respectively; or
(c) A potential primary or secondary source which is part of a facility that undergoes major reconstruction. Such construction 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.
POTENTIAL PRIMARY SOURCE. Any unit at a facility or site not currently subject to a removal or remedial action which:
(a) Is utilized for the treatment, storage, or disposal of any hazardous or special waste not generated at the site;
(b) Is utilized for the disposal of municipal waste not generated at the site, other than landscape waste and construction and demolition debris;
(c) 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
(d) Stores or accumulates at any time more than 75,000 pounds above ground, or more than 7,500 pounds 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, and any excavation for the discovery, development or production of stone, sand or gravel.
POTENTIAL SECONDARY SOURCE. Any unit at a facility or a site not currently subject to a removal or remedial action, other than a potential primary source, which:
(a) Is utilized for the land filling, 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;
(b) Stores or accumulates at any time more than 25,000 but not more than 75,000 pounds above ground, or more than 2,500 but not more than 7,500 pounds below ground, of any hazardous substances;
(c) Stores or accumulates at any time more than 25,000 gallons above ground, or more than 500 gallons below ground, of petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance;
(d) Stores or accumulates pesticides, fertilizers, or road oils for purposes of commercial application or for distribution to retail sales outlets;
(e) Stores or accumulates at any time more than 50,000 pounds of any de-icing agent; or
(f) 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.
SETBACK ZONE. A geographic area, designated pursuant to this Act, 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.
(C) Prohibitions.
(1) Except as provided in division (D) or (E) below, no person shall place a new potential source, new potential secondary source, or new potential route within the minimum setback zone. See attachments to Ordinance No. O-08-13, passed August 25, 2008, for wells #5, #6 and #7.
(2) Except as provided otherwise in division (D) below, no person shall place a new potential primary source within the maximum setback zone. See attachments to Ordinance No. O-08-13, passed August 25, 2008, for wells #5, #6 and #7.
(D) Waivers, exceptions, and certifications of minimal hazard.
(1) If, pursuant to ILCS Ch. 415, Act 5, § 14.2(b), 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 division (C)(1) above.
(2) If, pursuant to ILCS Ch. 415, Act 5, § 14.2(c), 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 division (C)(1) above.
(3) If, pursuant to ILCS Ch. 415, Act 5, § 14.2(c), 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 division (C)(2) above.
(4) If, pursuant to ILCS Ch. 415, Act 5, § 14.5, 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 division (C)(1) above to the same extent that such owner is not subject to ILCS Ch. 415, Act 5, § 14.2(d).
(E) Exclusions. Division (C)(1) above shall not apply to new common sources of sanitary pollution as specified pursuant to ILCS Ch. 415, Act 5, § 17 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. O-08-13, passed 8-25-08)