A. Purpose: Pursuant to the authority conferred by 65 Illinois Compiled Statutes 5/11-125-4 (1996); 415 Illinois Compiled Statutes 5/14.2, and 5/14.3 (1996); 65 Illinois Compiled Statutes 5/7-4-2 (1996); and in 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 section shall apply to all properties located within the minimum setback zone established under section 14.2 of the environmental protection act ("Act") 415 Illinois Compiled Statutes 5/14.2 (1996) and this section, the maximum setback zone established under section 14.3 of the act 1 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 subsection shall be the same as those used in the act and the Illinois ground water protection act 2 .
AGENCY: The environmental protection agency.
BOARD: The Illinois pollution control board.
MAXIMUM SETBACK ZONE: The area around a community water supply well established under section 14.3 of the act and this section, and as described in appendix A attached to ordinance 01-0-03 on file in the office of the city clerk.
MINIMUM SETBACK ZONE: The area around a community water supply well established under section 14.2 of the act and this section, and as described in appendix A attached to ordinance 01-0-03 on file in the office of the city clerk.
C. Prohibitions:
1. Except as provided in subsection D or E of this section, 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 subsection D of this section, no person shall place a new potential primary source within the maximum setback zone.
D. Waivers, Exceptions, And Certification Of Minimal Hazard:
1. If, pursuant to section 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 subsection C1 of this section.
2. If, pursuant to section 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 an exception by the board, such owner shall be deemed to have an exception to the same extent from subsection C1 of this section.
3. If, pursuant to section 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 subsection C2 of this section.
4. If, pursuant to section 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 subsection C1 of this section to the same extent that such owner is not subject to section 14.2(4) of the act.
E. Exclusion: Subsection C1 of this section shall not apply to new common sources of sanitary pollution as specified pursuant to section 17 of the act 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. (Ord. 01-0-03, 2-6-2001)
Notes
| 1 | 1. 415 ILCS 5/14.3 (1996). |
| 2 | 2. 415 ILCS 5/1 (1996). |
| 3 | 3. 415 ILCS 5/1 (1996). |