(A) Purpose. Pursuant to the authority conferred by 65 ILCS 5/11-125-4, 5/11-125-2; 415 ILCS 5/14.2 and 5/14.3; 65 ILCS 5/7-4-2 (all 2008); 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 § 14.2 of the Environmental Protection Act (“Act”) (415 ILCS 5/14.2) and this section, and the maximum setback zone established under § 14.3 of the Act (415 ILCS 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 chapter shall be the same as those used in the Act and the Illinois Groundwater Protection Act (415 ILCS 5/1 (2002)):
ACT.
The Environmental Protection Act (415 ILCS 5/1 (2002)).
AGENCY.
The State Environmental Protection Agency.
BOARD.
The State Pollution Control Board.
MAXIMUM SETBACK ZONE.
The area around a community water supply well established under § 14.3 of the Act (415 ILCS 5/14.3) and this section, and described in the minimum and maximum set back zone map, a copy of which is in the village office.
MINIMUM SETBACK ZONE.
The area around a community water supply well established under § 14.2 of the Act (415 ILCS 5/, § 14.2) and this section, and described in the minimum and maximum set back zone map, a copy of which is in the village office.
(C) Prohibitions.
(1) Except as provided in division (D) or (E) below, no person shall place a new potential primary source, new potential secondary source or new potential route within the minimum setback zone.
(2) Except as provided otherwise in division (D) below, no person shall place a new potential primary source within the maximum setback zone.
(D) Waivers, exceptions and certifications of minimal hazard.
(1) If, pursuant to § 14.2(b) of the Act (415 ILCS 5/), 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) of this section.
(2) If, pursuant to § 14.2(c) of the Act (415 ILCS 5/), 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) of this section.
(3) If, pursuant to § 14.2(c) of the Act (415 ILCS 5/), 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)(1) of this section.
(4) If, pursuant to § 14.5 of the Act (415 ILCS 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) of this section to the same extent that such owner is not subject to § 14.2(d) of the Act.
(E) Exclusions. Division (C)(1) of this section shall not apply to new common sources of sanitary pollution as specified pursuant to § 17 of the Act (415 ILCS 5/) 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.
(F) Map. The map showing the minimum and maximum setback zone in incorporated herein by reference and made a part hereof as if appearing in total. A copy of the map is on file in the village offices.
(Ord. 2010-03, passed 3-15-2010)