CHAPTER 55: WELLS
Section
Setback Zones and Regulations
   55.01   Purpose
   55.02   Definitions
   55.03   Prohibitions
   55.04   Waivers, exceptions and certifications of minimal hazard
   55.05   Exclusion
SETBACK ZONES AND REGULATIONS
§ 55.01 PURPOSE.
   Pursuant to the authority conferred by 65 ILCS 5/11-125-4 of the Illinois Municipal Code, and the interest of securing the public health, safety and welfare; to preserve the quality and quantity of ground water resources in order to assure a safe and adequate water supply for present and future generations; and to preserve ground water resources currently in use and those aquifers having a potential for future use as a public water supply, the provisions of this subchapter shall apply to all properties located within the minimum setback zone established under § 14.2 of the Environmental Protection Act (415 ILCS 5/14.2) and this chapter, and the maximum setback zone established under § 14.3 of the Act (415 ILCS 5/14.3).
(Prior Code, § 55.001) (Ord. 94-031, passed 11-7-1994)
§ 55.02 DEFINITIONS.
   Except as stated in this code, and unless a different meaning of a work or term is clear from the context, the definition of words or terms in the code shall be the same as those used in the act and the Illinois Ground Water Protection Act, 415 ILCS 55/1 et seq. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT. The Environmental Protection Act, 415 ILCS 5/1.
   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 § 14.3 of the Act and this code, and described in Appendix A to Ord. 94-031, incorporated by reference and on file in the village office.
   MINIMUM SETBACK ZONE. The area around a community water supply well established under § 14.2 of the Act and this code, and described in Appendix A to Ord. 94-031, incorporated by reference and on file in the village office.
   POTENTIAL PRIMARY SOURCE.
      (1)   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 the 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.
      (2)   A new POTENTIAL PRIMARY SOURCE is:
         (a)   A potential primary source which is not in existence or for which construction has not commenced at its location as of 1-1-1988;
         (b)   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 1-1-1988; or
         (c)   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 with a two-year period exceed 50% of the fixed capital cost of a comparable entirely new facility.
      (3)   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.
      (1)   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.
      (2)   A new POTENTIAL ROUTE is:
         (a)   A potential route which is not in existence or for which construction has not commenced at its location as of 1-1-1988; or
         (b)   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 1-1-1988.
      (3)   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.
      (1)   Any unit at a facility or site not currently subject to a removal or remedial action, other than a potential primary source, which:
         (a)   Is utilized 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 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.
      (2)   A new POTENTIAL SECONDARY SOURCE is:
         (a)   A potential secondary source which is not in existence or for which construction has not commenced at its location as of 7-1-1988;
         (b)   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 7-1-1998, other than an expansion for handling of livestock waste or for treating domestic wastewaters; or
         (c)   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.
      (3)   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.
(Prior Code, § 55.002) (Ord. 94-031, passed 11-7-1994)
§ 55.03 PROHIBITIONS.
   (A)   Except as provided in §§ 55.04 or 55.05 of this chapter, no person shall place a new potential primary source, new potential secondary source or new potential route within the minimum setback zone.
   (B)   Except as provided in § 55.04 of this chapter, no person shall place a new potential primary source within the maximum setback zone.
(Prior Code, § 55.003) (Ord. 94-031, passed 11-7-1994)
§ 55.04 WAIVERS, EXCEPTIONS AND CERTIFICATIONS OF MINIMAL HAZARD.
   (A)   If, pursuant to § 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 § 55.03(A) of this chapter.
   (B)   If, pursuant to § 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 as exception by the Board, such owner shall be deemed to have an exception to the same extent from § 55.03(A) of this chapter.
   (C)   If, pursuant to § 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 § 55.03(B) of this chapter.
   (D)   If, pursuant to § 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 § 55.03(A) of this chapter to the same extent that such owner is not subject to § 14.2(d) of the Act.
(Prior Code, § 55.004) (Ord. 94-031, passed 11-7-1994)
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