(A) Purpose. The Groundwater Protection Overlay District is created to protect groundwater recharge areas for public water supplies. These areas are subject to groundwater pollution from various sources of contamination. The regulations set forth in this section will preserve the quality and quantity of groundwater resources in order to assure a safe and adequate water supply for the present and future generations, and to protect and preserve groundwater resources currently in use and those aquifers having a potential for future use as a public water supply.
(B) Definitions.
CONTAINMENT DEVICE. A device, which is designed to contain an unauthorized release, retain it for the cleanup, and prevent released materials from penetrating into the ground.
GROUNDWATER. Underground water which occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure.
SITE. Any location, place, tract of land, or facilities, including but not limited to buildings, and improvements used for purposes subject to regulations or control by the Act or regulations thereunder.
UNIT. Any device, mechanism, equipment, or area (exclusive of land utilized only for agricultural production).
(C) General provisions.
(1) All areas subject to regulations. All areas designated on the zone district map as a GP Groundwater Protection area shall be subject to the regulations set forth in this section.
(2) Regulations in addition to existing district regulations. All regulations in this section shall apply in addition to existing zoning district regulations, and to future rezoning of property in these areas.
(3) Most restrictive. Where the regulations of this section impose a greater restriction then that found elsewhere in this ordinance, the provisions of this section shall govern.
(4) Nonconforming use. Any nonconforming site or unit, existing upon adoption of this amendment, which does not conform to the regulations set forth in this section may continue. Any changes in the use of property must be done in full compliance with this ordinance, with the exception of fuel storage tanks for agricultural property, which may be replaced provided that the capacity of the tank does not exceed what previously existed.
(D) Ground Water Protection Zones and regulations. The following groundwater protection zone regulations are established:
(1) Zone 1 (GP-1). Area designated on zoning map as being within 400 feet of an existing or permitted community water supply well.
(a) All storage of substances listed in Exhibit 1 must have a containment device in conformity with division (E).
(b) No storage or treatment of any hazardous or special waste not generated at the site is permitted.
(c) No disposal, land treating, surface impounding or piling of any hazardous or special waste generated at the site.
(d) No land filling, land treating, or surface impounding of waste other than landscape waste and construction and demolition debris.
(e) Storage of hazardous substances is limited 75,000 pounds above ground or 7,500 pounds below ground.
(f) No abandoned and improperly plugged wells of all kinds.
(g) No drainage wells.
(h) No injection wells (including closed loop heat pump wells).
(i) No excavation of sand, gravel, or stone.
(j) Petroleum products (not specifically listed as a hazardous substance) is limited to 25,000 gallons stored above ground or more than 500 gallons below ground.
(k) No storage or accumulation of pesticides, fertilizers, or road oils for purposes of commercial application or for distribution to retail sales outlets.
(l) Not more than 50,000 pounds of any deicing agent may be stored or accumulated on site.
(m) No septic tanks are permitted.
(2) Zone 2 (GP-2). Area designated on zoning map as being within 1,000 feet of an existing or permitted community water supply well.
(a) All storage of substances listed in Exhibit 1 must have a containment device in conformity with division (E)
(b) No storage of treatment of any hazardous or special waste not generated at the site is permitted.
(c) No disposal, land treating, surface impounding or piling of any hazardous or special waste generated at the site.
(d) No disposal on site of municipal waste other than landscape waste and construction demolition debris.
(e) Storage of hazardous substances limited to 75,000 pounds above ground or 7,500 pounds below ground.
(f) No abandoned and improperly plugged wells of all kinds.
(g) No drainage wells.
(h) No injection wells (including closed loop heat pump wells).
(i) No excavation of sand, gravel, or stone.
(j) No septic tanks.
(3) Zone 3 (GP-3). Area designated on zoning map as being within the five-year groundwater capture zone.
(a) All storage of substances listed in Exhibit 1 must have a containment device in conformity with paragraph E.
(b) No abandoned and improperly plugged wells of all kinds.
(c) No drainage wells.
(E) Regulated substances. All facilities in GP Groundwater Protection Zones or uses which store, utilize, handle, treat or produce a regulated substance, as listed in Exhibit 1, must comply with the following conditions:
(1) Containment devices. The owner/operator of a facility must provide containment devices adequate in size to contain onsite any unauthorized release of regulated substances from any area where these substances are either stored, handled, treated, used, or produced. Containment devices shall prevent such substances from penetrating into the ground. Design requirements for containment devices include:
(a) The containment device shall be large enough to contain 110% of the volume of the container in cases where a single container is used to store, handle, treat, use, or produce a regulated substance. In cases where multiple containers are used, the containment device shall be large enough to contain 150% of the volume fee the largest container or 10% of the aggregate volume of all containers, whichever is greater.
(b) All containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any regulated substance. If coatings are used to provide chemical resistance for containment devices, they shall also be resistant to the expected abrasion and impact conditions. Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release.
(c) If the containment device is open to rainfall, then it shall be able to accommodate the volume of precipitation that could enter the containment device during a 24-hour, 100-year storm, in addition to the volume of the regulated substance storage required in division (E)(1)(a) above.
(d) Containment devices shall be constructed so that a collection system can be installed to accumulate, temporarily store, permit detection of the presence of, and permit removal of any storm runoff or regulated substance.
(e) Containment devices shall include monitoring procedures or technology capable of detecting the presence of a regulated substance within 24 hours following a release.
(2) Plan required. A regulated substances management plan indicating procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance shall be required.
(F) Permit required.
(1) No person, firm or corporation shall commence any construction, substantial improvement, or any other developments in areas located in a GP Groundwater Protection zone without first obtaining a groundwater protection permit from the Zoning Administrator. The Administrator shall not issue a permit unless the construction, substantial improvement, or development complies with the provisions of this code.
(2) The groundwater protection permit shall include at a minimum:
(a) Name, address, and phone number of owner/operator.
(b) Property address, legal description and tax identification number of the facility.
(c) The names and volumes of all regulated substances that are store, handled, treated, used, or produced at the facility being permitted and quantities.
(d) A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of regulated substances in quantities.
(e) A description of the containment devices used to comply with the requirements of this chapter.
(f) A description of the procedures for inspection and maintenance of containment devices.
(g) A description of the method for disposal of regulated substances.
(h) A copy of a site plan showing the location of the facility and its property boundaries and the locations where regulated substances are stored, handled, treated, used, produced and the location of each containment device.
(G) Reporting. The permittee shall report to the Zoning Administrator 15 days after any changes in a facility including:
(1) The storage, handling, treatment, use, or processing of new regulated substances;
(2) Changes in monitoring procedures; or
(3) The replacement or repair of any part of a facility that is related to the regulated substance(s).
(H) Exempt activities. The following are exempt from the requirements of this section.
(1) Single-family dwellings, provided that no nonfarm home business is operated on the premises.
(2) Fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle.
(3) The activities of construction repairing or maintaining any facility or improvement on lands within the GP Groundwater Protection Zone.
(4) Cleanups, monitoring and/or studies undertaken under supervision of the Illinois Environmental Protection Agency or other state regulatory Agency or the United States Environmental Protection agency.
(5) Activities specifically regulated under 35 ILL. Adm. Code 601.615, 616 and 617; 8 Ill Adm. Code 255 and 256 (Regulations for secondary containment for agricultural pesticide and fertilizer facilities) and 8 Ill. Adm. Code 257 (cooperative groundwater protection programs for agricultural chemical facilities within appropriate setback zones).
(6) The storage and handling of regulated substances for the resale in their original unopened containers of five gallons or 40 pounds or less shall be exempt from the permit requirement of this section.
(7) Minimums usage of regulated substances: Facilities that use, store, or handle regulated substances in quantities of five gallons or forty pounds or less of any one regulated substances, and in aggregate quantities of twenty gallons or one hundred pounds or less of all regulated substances, shall be exempt from the permit requirement of this section. Regulated substances intended to be used to maintain and operate farm equipment may be stored in quantities not exceeding 55 gallons per container, provided however, that the containers are stored on an impervious surface in an enclosed building.
(8) Public interest emergency use and storage of regulated substances.
(9) Regulated substances used by or for a municipality in wastewater treatment process.
(10) 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.
(11) If the owner is granted an exception by the Illinois Pollution Control Board, such owner shall not be subject to this chapter to the same extent that such owner is not subject to the Groundwater Protection Act.
(12) If the owner is issued a certificate of minimal hazard by the Illinois Protection Agency, such owner shall not be subject to this ordinance to the same extent that such owner is not subject to the Groundwater Protection Act.
(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2020- 02, passed 1-16-2020)