Pursuant to the authority conferred by ILCS Ch. 65, Act 5, § 11-125-4, ILCS Ch. 415, Act 5, § 14.2, and ILCS Ch. 415, Act 5, § 14.3; 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 chapter 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) and this chapter, maximum setback zone established under Section 14.3 of the Act ("Act") (ILCS Ch. 415, Act 5, § 14.3) and this chapter.
(Ord. 3074, passed 8-12-96)
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 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.
MAXIMUM SETBACK ZONE. The area around a community water supply well established under Section 14.3 of the Act and this chapter, and described in § 156.06.
MINIMUM SETBACK ZONE. The area around a community water supply well established under Section 14.3 of the Act and this chapter, and described in § 156.06.
POTENTIAL PRIMARY SOURCE. Any unit at a facility or site not currently subject to a removal or remedial action which:
(1) Is used for the treatment, storage, or disposal of any hazardous or special waste not generated at the site; or
(2) Is used for the disposal of municipal waste not generated at the site, other than landscape waste and construction and demolition debris; or
(3) Is used for the landing, land treating, surface impounding or piling of any hazardous waste that is generated on the site or at other sites owned, controlled or operated by the same person; or
(4) 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.
A new potential primary source is:
(1) A potential primary source which is not in existence or for which construction has not commenced at its location as of July 1, 1996; or
(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 July 1, 1996; 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.
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.
A new potential route is:
(1) A potential route which is not in existence or for which construction has not commenced at its location as of July 1, 1996, 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 July 1, 1996.
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.
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:
(1) Is used 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 livestock and landscape waste, and construction and demolition debris; or
(2) Stores or accumulates at any time more than 25,000 but not more than 76,000 pounds above ground, or more than 2,500 but not more than 7,500 pounds below ground, of any hazardous substances; or
(3) 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; or
(4) Stores or accumulates pesticides, fertilizers, or road oils for purposes of commercial application or for distribution to retail sales outlets; or
(5) Stores or accumulates at any time more than 50,000 pounds of any de-icing agent; or
(6) Is used for handling livestock waste or for treating domestic wastewaters other than private sewage disposal systems as defined in the "Private Sewage Disposal Licensing Act".
A new potential secondary source is:
(1) A potential secondary source which is not in existence or for which construction has not commenced at its location as of July 1, 1996; or
(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 July 1, 1996, other than an expansion for handling live stock waster or for treating domestic wastewaters; or
(3) A potential secondary 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.
SETBACK ZONE. A geographic area, designated pursuant to the 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.
(Ord. 3074, passed 8-12-96)
(B) Except as provided otherwise in § 156.04, no person shall place a new potential primary source within the maximum setback zone.
(Ord. 3074, passed 8-12-96)
(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 § 156.03(A) of this chapter.
(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 granted an exception by the Board, such owner shall be deemed to have an exception to the same extent from § 156.03(A) of this chapter.
(C) If, pursuant to Section 14.2(c) of the Act, the owner of a new potential primary source (other than landfilling or land treating) is granted an exception by the Board, such owner shall be deemed to have an exception to the same extent from § 156.03(B) of this chapter.
(D) 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 § 156.03(A) of this chapter to the same extent that such owner is not subject to Section 14.2(d) of the Act.
(Ord. 3074, passed 8-12-96)
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