(A) The owners and operators of existing or new potential primary sources, existing or new potential secondary sources, or new chemical substance sources in a groundwater protection area (GWPA), shall comply with this chapter. This obligation shall be joint and several.
(B) All new chemical substance sources within a groundwater protection area must comply with this chapter prior to issuance of any underlying permits.
(C) If the County Code Enforcement Officer determines that a facility, otherwise exempt from the permit requirements of this chapter, after review from the Groundwater Protection Committee, has a potential to degrade groundwater quality at least equal in degree and probability to facilities not exempt, then the County Code Enforcement Officer may determine it to be treated as a chemical substance source or pathway, such as any 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, and require that owner or operator to comply with this chapter accordingly. Such determination shall be based upon site-specific data and shall be eligible for appeal pursuant to § 97.16 to the County Zoning Board of Appeals.
(D) The following are exempt from the permit requirements of this chapter:
(1) The storage and handling of chemical substances for resale in their original unopened containers of 30 gallons or less, if in liquid form, or 250 pounds or less;
(2) De minimis usage of chemical substances: facilities that use, store, or handle chemical substances in 250 pounds aggregate quantities or less or, if in liquid form, 30 gallons or less aggregate quantities during any calendar year;
(3) Single-family residences, duplexes, and apartment buildings, provided that no home business is operated on the premises;
(4) Public interest emergency use and storage of chemical substances; and
(5) Fueling of equipment not licensed for street use, provided that such fueling activities occur and utilize a containment device that is designed and maintained to prevent leakage or other violations of this chapter.
(E) The following are exempt from this chapter:
(1) Fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle;
(2) Existing heating systems using fuel oil;
(3) The activities of construction, repairing, or maintaining any facility or improvement on lands within Zones 1, 2, or 3; provided, that all contractors, subcontractors, laborers, material men, and their employees when using, handling, storing, or producing chemical substances in Zones 1, 2, or 3 use those applicable “best management practices” set forth in § 97.18;
(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 (regulations for existing and new activities within setback zones and regulated recharge areas); 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 program for agricultural chemical facilities within appropriate setback zones);
(6) If the owner of a new potential primary source, new potential secondary source, or new potential route is granted an exception by the Board (other than land filling or land treating) pursuant to the Act, such owner shall not be subject to this chapter to the same extent that such owner is not subject to the Act; and
(7) If 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 pursuant to the Act, such owner shall not be subject to this chapter to the same extent that such owner is not subject to the Act.
(F) Petitions to exempt a new chemical substance source shall be filed in writing with the Planning and Zoning Department. A conference may be held to determine the need for review under § 97.16. If review is deemed necessary by the Groundwater Protection Committee, the Committee, with agreement from the applicant, shall make arrangements with the agency to assist in the review. A decision by the Committee will be made within 30 days after receiving report from the agency. A fee will be assessed to cover the administrative expenses of the Groundwater Protection Committee. The Groundwater Protection Committee shall hear petitions to exempt a facility from § 97.07 as follows.
(1) The applicant may demonstrate that the five-year recharge area(s) map incorrectly identify the new chemical substance source as being within the groundwater protection overlay zone(s). The burden of proof shall rest upon the applicant to demonstrate that the facility location is not within a delineated five-year capture zone area. The applicant shall be required to present detailed hydrogeologic and hydrologic information to the Groundwater Appeals Committee that the facility location is, in fact, not within a five-year capture zone area.
(2) The applicant may be required to present detailed technical information that a material(s) on the chemical substances list does not endanger the GWPA in the event of an unauthorized release. Review of the technical information shall be conducted by appropriate agencies of the state. The review shall be coordinated by the Groundwater Protection Committee and may include the use of specialized consultants. The Groundwater Protection Committee shall base its recommendations in part on the report supplied by the agency.
(3) The applicant may demonstrate that the new chemical substance source does not fall within the five-year recharge area even though it falls within the maximum setback zone within the county.
(G) Any action by the agency or Board referred to in this section shall not be final and binding on the county under this chapter until the county has received notice of such proposed action and has had reasonable opportunity to present evidence concerning its interest.
(Prior Code, 6 TCC 6-6)