§ 21-61. Minimum and maximum setback zone for wells located outside corporate boundary.

(a)

Purpose. Pursuant to authority conferred by 65 ILCS 5/11-125-4 (1998); 45 ILCS 5/14.2 and 14.3 (1998); 65 ILCS 5/7-4-2 (1998) and in the interest of securing the public health, safety and welfare; to preserve the quality and quantity of groundwater resources in order to assure a safe and adequate water supply for present and future generations; and to preserve groundwater 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 ("the act") (415 ILCS 5/14.2 (1998)) and this section, and the maximum setback zone established under section 14.3 of the act (415 ILCS 5/14.3 (1998) 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 section shall be the same as those used in the act and the Illinois Groundwater Protection Act (415 ILCS 5/1 (1998):

Act means the Environmental Protection Act (415 ILCS 5/1 (1998).

Agency means the Illinois Environmental Protection Agency.

Board means the Illinois Pollution Control Board.

Maximum setback zone means the area around a community water supply well established under section 14.3 of the act and this section, and described in appendix A to Ord. No. 757, which is not set out herein, but is on file and available for inspection in the office of the city clerk.

Minimum setback zone means the area around a community water supply well established under section 14.2 of the act and this section, and described in appendix A.

(b)

Prohibitions.

(1)

Except as provided in subsections (d) or (e), 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), no person shall place a new potential primary source within the 1,000-foot maximum setback zone.

(3)

Except as noted in subsection (d) of this section, no person shall place a new potential route within the 2,500-foot maximum setback zone.

(d)

Waivers, exceptions and certifications 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 (c)(1) of this section.

(2)

If, pursuant to section 14.2(b) 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 exception by the board, such owner shall be deemed to have an exception to the same extent from subsection (c)(1) 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 (c)(2) 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 (c)(1) of this ordinance to the same extent that such owner is not subject to section 14.2(d) of the Act.

(e)

Exclusion. Subsection (c)(1) 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. No. 757, §§ 1—5, 6-11-01)