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 state’s Environmental Protection Act and the state’s Groundwater Protection Act (415 ILCS 5/14 et seq.), as amended from time to time.
ACT. The Illinois Environmental Protection Act.
(415 ILCS 5/1 et seq.)
AGENCY. The Illinois Environmental Protection Agency.
(415 ILCS 5/3.105)
AQUIFER. Saturated (with groundwater) soils and geologic materials which are sufficiently permeable to readily yield economically useful quantities of water to wells, springs, or streams under ordinary hydraulic gradients.
(35 Ill. Adm. Code 620.110)
BOARD. The Illinois Pollution Control Board.
(415 ILCS 5/3.130)
CHEMICAL SUBSTANCE. Any “extremely hazardous substance” listed in Appendix A of 40 C.F.R. Pt. 355 that is present at a facility in an amount in excess of its threshold planning quantity, any “hazardous substance” listed in 40 C.F.R. § 302.4 that is present at a facility in an amount in excess of its reportable quantity or in excess of its threshold planning quantity if it is also an “extremely hazardous substance”, and any petroleum including crude oil or any fraction thereof that is present at a facility in an amount exceeding 100 pounds unless it is specifically listed as a “hazardous substance” or an “extremely hazardous substance”. CHEMICAL SUBSTANCE does not mean any substance to the extent it is used for personal, family, or household purposes, or to the extent it is present in the same form as a product packaged for distribution to and use by the general public. CHEMICAL SUBSTANCE does not mean agricultural chemicals and petroleum utilized at a farm or farm residence for the purpose of agricultural production.
(430 ILCS 45/3)
CHEMICAL SUBSTANCE SOURCE OF GROUNDWATER CONTAMINATION. Hereafter referred to as a chemical substance source, means a unit at a facility or site that stores or accumulates more than 250 pounds or more of aggregate quantities of chemical substances, or if in liquid form, 30 gallons or more aggregate quantities during any calendar year.
CONTAINMENT DEVICE. A device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground.
COUNTY. The County of Tazewell.
FACILITY. The buildings and all real property contiguous thereto, and the equipment at a single location used for the conduct of business.
(430 ILCS 45/3)
FARM RESIDENCE. Any residence on a farm owned or occupied by the farm owners, operators, tenants, or seasonal or year-round hired workers. For purposes of this definition, a “farm” is the land, buildings, and machinery used in the commercial production of farm products, and “farm products” are those plants and animals and their products which are produced or raised for commercial purposes and include, but are not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock, fruits, vegetables, flowers, seeds, grasses, trees, fish, honey and other similar products, or any other plant or animal product which supplies people with food, feed, fiber or fur.
(510 ILCS 77/10.23)
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.
(415 ILCS 5/3.210)
GROUNDWATER PROTECTION AREA (GWPA). The portion of an aquifer within the minimum setback zone, maximum setback zone, or five-year capture zone of a well or well field.
GROUNDWATER PROTECTION AREA PERMIT. An authorization by the county for a person to store, handle, use, or produce a chemical substance sources within a GWPA.
GROUNDWATER PROTECTION COMMITTEE. A Committee appointed by the County Board which reviews materials to determine compliance with this chapter. Said Committee shall consist of a representative from the Planning and Zoning Department, a representative from the Health Department, and the Inspector as designated by the County Board.
GROUNDWATER PROTECTION OVERLAY ZONES. Zones of the GWPA designated to provide differential levels of protection. Each GWPA is subdivided into three groundwater protection overlay zones as described below and in § 97.18.
(1) ZONE 1 - MINIMUM SETBACK ZONE. A radial area of 200 or 400 feet around a community water supply or a radial area of 200 feet around a non-community or private potable water supply well.
(2) ZONE 2 - MAXIMUM SETBACK ZONE. A regular or irregularly shaped area not to exceed 1,000 feet from the well head of a community water supply, but excluding the minimum setback zone.
(3) ZONE 3 - FIVE-YEAR RECHARGE AREA. The geographic area located between a well or well field providing potable water to a community water supply and the outer boundary of the five-year recharge area but excluding Zones 1 and 2. Copies of these five-year delineations are on file with the county’s Zoning Department as required by this chapter.
NEW CHEMICAL SUBSTANCE SOURCE OF GROUNDWATER CONTAMINATION. Hereafter referred to as a NEW CHEMICAL SUBSTANCE SOURCE, means:
(1) A chemical substance source which is not in existence or for which construction has not commenced at its location as of the date the related groundwater protection area is established by this chapter;
(2) A chemical substance source which expands laterally beyond the currently permitted boundary or, if the chemical substance source is not permitted, the boundary in existence as of the date the related groundwater protection area is established by this chapter; or
(3) A chemical substance 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.
NEW POTENTIAL PRIMARY SOURCE.
(1) (a) A potential primary source which is not in existence or for which construction has not commenced at its location as of the date the related groundwater protection area is established by this chapter;
(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 the date the related groundwater protection area is established by this chapter; 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 within a two-year period, exceed 50% of the fixed capital cost of a comparable entirely new facility.
(415 ILCS 5/3.345)
(2) 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.
NEW POTENTIAL ROUTE.
(1) (a) A potential route which is not in existence or for which construction has not commenced at its location as of the date the related groundwater protection area is established by this chapter; 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 the date the related groundwater protection area is established by this chapter.
(2) 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.
(415 ILCS 5/3.50)
NEW POTENTIAL SECONDARY SOURCE.
(1) (a) A potential secondary source which is not in existence or for which construction has not commenced at its location as of the date the related groundwater protection area is established by this chapter;
(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 the date the related groundwater protection area is established by this chapter, other than an expansion for handling of livestock waste or for treating domestic wastewaters; or
(c) A potential secondary source which is a 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.
(2) 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.
(415 ILCS 5/3.355)
OPERATOR. Any person in control of, or having responsibility for, daily operation of a facility.
OWNER. Any person who owns a site, facility, or unit or part of a site, facility, or unit, or who owns the land on which the site, facility, or unit is located. Except for purposes of any financial liability imposed by this chapter, it shall not include a person who only owns the realty on which the site, facility, or unit is located.
PERSON. Any person, individual, public or private corporation, firm, association, joint venture, trust, partnership, municipality, governmental agency, political subdivision, public officer, owner, lessee, tenant, or any other entity whatsoever or any combination of such, jointly or severally.
PLANNING AND ZONING DEPARTMENT. The Tazewell County Planning and Zoning Department.
POTABLE WATER. Water that is satisfactory for drinking, culinary, and domestic purposes meeting currently accepted water supply practices and principles.
(415 ILCS 5/3.340)
POTENTIAL PRIMARY SOURCE. Any unit at a facility or site not currently subject to a removal or remedial action which:
(1) Is utilized for the treatment, storage, or disposal of any hazardous or special waste not generated at the site;
(2) Is utilized for the disposal of municipal waste not generated at the site, other than landscape waste and construction and demolition debris;
(3) 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 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.
(415 ILCS 5/3.59)
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.
(415 ILCS 5/3.58)
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 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;
(2) Stores or accumulates at any time more than 25,000 pounds, but not more than 75,000 pounds above ground, or more than 2,500 pounds, but not more than 7,500 pounds below ground, of any hazardous substances;
(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;
(4) Stores or accumulates pesticides, fertilizers, or road oils for purposes of commercial application or for distribution to retail sales outlets;
(5) Stores or accumulates at any one time more than 50,000 pounds of any de-icing agent; or
(6) 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, being 225 ILCS 225/1 et seq.
(415 ILCS 5/3.60)
RECHARGE AREA. The area through which precipitation and surface water can enter an aquifer.
SATURATED ZONE. The zone in which the voids in the rock or soil are filled with water at a pressure greater than atmospheric pressure.
SETBACK ZONE. A geographic area designated pursuant to the act and this chapter, 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.
(415 ILCS 5/3.450)
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. (415 ILCS 5/3.460)
UNAUTHORIZED RELEASE. Any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a chemical substance source in a quantity greater than one gallon from a facility into a containment device, into the air, into groundwater, surface water, surface soils, or subsurface soils. UNAUTHORIZED RELEASE does not include intentional withdrawals of regulated substances for the purpose of legitimate sale, use, or disposal and discharges permitted under federal, state, or local law.
UNDERLYING PERMIT. The building permits, septic permits, erosion, sediment, and stormwater control permit, entry access permit, and well permits required by the county.
UNIT. Any device, mechanism, equipment, or area (exclusive of land utilized only for agricultural production).
(415 ILCS 5/515)
WELL. Any excavation that is drilled, cored, bored, driven, dug, fitted, or otherwise constructed when the intended use of such excavation is for the location, diversion, artificial recharge, or acquisition of groundwater.
(415 ILCS 5/3.55)
WELL FIELD. An area which contains one or more wells for obtaining a potable water supply.
(Prior Code, 6 TCC 6-4)