A. Authority. Pursuant to the authority conferred by ILCS Ch. 5, Act 5, § 11-125-4 (2010); ILCS Ch.415, Act 5, §§ 14.2 and 14.3 (2010); 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 Section 14.2 of the Environmental Protection Act ("Act") (ILCS Ch. 415, Act 5, § 14.2 (2010)) and this section, and the maximum setback zone established under Section 14.3 of the Act (ILCS, Ch. 415, Act 5, § 14.3 (2010)) and this section.
B. Purpose.
1. 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.
2. 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 City of Hoopeston, IL.
3. To recognize the essential and pervasive role of groundwater in the social and economic well-being of the people of Hoopeston and its vital importance to the general health, safety and welfare.
4. To protect potable water supply wells from the adverse effects of biological, bacterial, viral, radiological, toxic and chemical contamination.
5. To prevent costs to the public of millions of dollars for the replacement of contaminated water wells that have afflicted Illinois communities.
6. To promote the beneficial and legitimate use of groundwater resources consistent with a policy of sustainability of quality and quantity.
C. 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. 55, Act 1 (2010)):
1. "Act" means the Environmental Protection Act (ILCS Ch. 415, Act 5, § 1 (2010)).
2. "Agency" means the Illinois Environmental protection Agency.
3. "Board" means the Illinois Pollution Control Board.
4. "Maximum setback zone" means the area around a community water supply well established under Section 14.3 of the Act and this section, and described in Appendix A.
5. "Minimum setback zone" means the area around a community water supply well established under Section 14.2 of the Act and this section, and described in Appendix A.
D. Prohibited Uses and Activities.
1. Except as provided in divisions E. and F. below, no person shall place a new potential source, new potential secondary source, or new potential route within the minimum setback zone.
2. Except as provided otherwise in division E. below, no person shall place a new potential primary source within the maximum setback zone.
3. Except as provided in divisions E. and F. below, 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.
4. The zones designated on Attachment A 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.
5. No person shall conduct activity or engage in a use of property which shall constitute an interference with the health and safety or welfare of a community water supply well or other water well by the accidental, negligent, or intentional introduction of contaminants. Such activities are declared to be a public nuisance and are prohibited by this section.
E. Waivers, Exceptions, and Certifications of Minimal Hazard.
1. 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 division D.1. above.
2. If, pursuant to Section 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 and exception by the Board, such owner shall be deemed to have an exception to the same extent from division D.1. above.
3. If, pursuant to Section 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 division D.2. above.
4. 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 division D.1. above to the same extent that such owner is not subject to Section 14.2(d) of the Act
F. Exclusion. Division D. 1. above shall not apply to new common sources of sanitary pollution as specified pursuant to Section 17 of the Act and the regulations adopted there under by the Agency; however, no such common sources may be located within the applicable minimum distance from a community water supply well specified in Attachment A.
G. Permit.
1. In addition to an Agency or Board approval any activity subject to division D above shall not be established without application for and obtaining of a groundwater protection permit issued by the City of Hoopeston. 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.
2. A fee for the issuance of the groundwater protection permit shall be in the amount of $100, 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.
3. Application for a groundwater protection permit shall be provided by the City of Hoopeston, Such application shall authorize reasonable inspection of property involved without necessity of a warrant.
4. Pursuant to formal agreement of the Agency, other responsible units of government and the City of Hoopeston may delegate and share permitting, inspection and enforcement authority as specified in such agreements.
H. Violations. Violation of this section shall be punishable by a fine in keeping with the provisions of the Act in an amount of $100. 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.
(Ord. 2012-14 §§ 1 - 8, 2012)