[Ord. 445, 9-2-1997]
Pursuant to the authority conferred by 65 Illinois Compiled
Statutes 5/11-125-4 and 415 Illinois Compiled Statutes 5/14.2 and
5/14.3; 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 chapter shall apply to all properties
located within the minimum setback zone established under Section
14.2 of the environmental protection act ("act")[1] and this chapter, and the maximum setback zone established
under Section 14.3 of the act[2] and this chapter.
[Ord. 445, 9-2-1997]
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 act
and the Illinois groundwater protection act[1]:
The environmental protection act.[2]
The Illinois environmental protection agency.
The Illinois pollution control board.
The area around a community water supply well established
under Section 14.3 of the act and this chapter.
The area around a community water supply well established
under Section 14.2 of the act and this chapter.
[Ord. 445, 9-2-1997]
(A)
Except as provided in Section 7-14-4 or 7-14-5 of this chapter, no person shall place a new potential primary source, new potential secondary source, or new potential route within the minimum setback zone of 400 feet of south wells #12, 14, 16, and 18 - IEPA wells 00373, 00374, 58031, and 58033 located in the NW 1/4 of Section 1, township 19 north, range 3 west of West Lincoln Township, Logan County, Illinois. Additionally, except as provided in Section 7-14-4 or 7-14-5 of this chapter, no person shall place a new potential primary source, new potential secondary source, or new potential route within the minimum setback zone of 400 feet of north wells #11 and 13 - IEPA wells 58030 and 58032 located in SW 1/4 of Section 24, township 20 north, range 3 west of West Lincoln Township, Logan County, Illinois.
(B)
Except as provided in Section 7-14-4 of this chapter, no person shall place a new potential primary source within the maximum setback zone consisting of a circle whose radius is 2,500 feet and whose center is located at the center of the home located at 33 Redbud Lane, which is located in the NW 1/4 of Section 1, township 19 north, range 3 west of Broadwell Township, Logan County, Illinois, in order to protect south wells #12 (IEPA #58031) and #16 (IEPA #00373) located in the SE 1/4 of Section 2, township 19 north, range 3 west of Broadwell Township, Logan County, Illinois and south wells #14 (IEPA #58033) and #18 (IEPA #00374) located in the SW 1/4 of Section 1, township 19 north, range 3 west of Broadwell Township, Logan County, Illinois. Additionally, except as provided in Section 7-14-4 of this chapter, no person shall place a new potential primary source within the maximum setback zone of 1,500 feet on both sides of a line beginning at the center of the intersection of State Street and Northville Drive and extending northwest to a point equidistant between well #11 and #13 (referred to as a bearing line) and the area included inside a 1,500-foot arc whose center is at each terminating point of the bearing line in order to protect north wells #11 and 13 - IEPA wells 58030 and 58032 located in SW 1/4 of Section 24, township 20 north, range 3 west of West Lincoln Township, Logan County, Illinois.
[Ord. 445, 9-2-1997]
(A)
If, pursuant to 415 Illinois Compiled Statutes 5/14.2(b), 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 7-14-3(A) of this chapter.
(B)
If, pursuant to 415 Illinois Compiled Statutes 5/14.2(c), 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 7-14-3(A) of this chapter.
(C)
If, pursuant to 415 Illinois Compiled Statutes 5/14.2(c), 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 7-14-3(B) of this chapter.
(D)
If, pursuant to 415 Illinois Compiled Statutes 5/14.5, 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 7-14-3(A) of this chapter to the same extent that such owner is not subject to 415 Illinois Compiled Statutes 5/14.2(d).
[Ord. 445, 9-2-1997]
Subsection 7-14-3(A) of this chapter shall not apply to new common sources of sanitary pollution as specified pursuant to 415 Illinois Compiled Statutes 5/17 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. 445, 9-2-1997]
The location of the area protected by Subsections 7-14-3(A) and (B) of this chapter shall be depicted in all zoning maps of the affected areas.
