(A) Intent. The intent of the regulations regarding properties adjacent to watercourses and waterbodies is to:
(1) Preserve the quality and quantity of groundwater resources.
(2) Assure a safe and adequate water supply for present and future generations.
(3) Preserve groundwater resources currently in use and those aquifers having a potential for future use as a public water supply.
(B) Additional definitions.
ACT. The State of Illinois Environmental Protection Act.
AGENCY. The Illinois Environmental Protection Agency.
BOARD. The Illinois Pollution Control Board.
MAXIMUM SETBACK ZONE. The area around a community water supply well established and described in agency regulations.
MINIMUM SETBACK ZONE. The area around a community water supply well, established and described in agency regulations.
POTENTIAL PRIMARY SOURCE. Any wellhead 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 other sites owned, controlled, or operated by the same person.
(d) Stores or accumulates at any time more than 75,000 pounds of any hazardous substance above ground, or more than 7,500 pounds below ground of any hazardous substances.
POTENTIAL SECONDARY SOURCE. Any wellhead at a facility or a site not currently subject to 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 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.
(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 a 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 deicing agent.
(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".
(C) Primary and secondary sources prohibition.
(1) Except as provided otherwise in this subchapter, no person shall place a potential primary source, or potential secondary source within the minimum setback zone.
(2) Except as provided in this subchapter, no person shall place a potential primary source within the maximum setback zone.
(D) Waivers exceptions and exclusions.
(1) If the owner of a potential primary source or potential secondary source, is granted an exception, waiver, or certificate of minimal hazard under the provisions of the Act, or if such use is excluded from the Act, such person or use shall be deemed to have a waiver, exception, or exclusion to the same extent as provided for in the Act.
(2) In no case shall a landfill or land treating operation be subject to such waivers, exceptions, or exclusions.
(Ord. 2020-O-3, passed 2-18-2020)