Chapter 7 - Water and Sewer
Division 16 - Minimum and Maximum Zone Provisions
SEC. 7.16-1 DEFINITIONS. - Except as stated in this Division and unless a different meaning of a word or term is clear from the context, the definition of words or terms in this Division shall be the same as those used in the Environmental Protection Act (415 ILCS 5/1 et seq.) and the Illinois Groundwater Protection Act (415 ILCS 5/1 et seq.):
- Act means the Environmental Protection Act (415
ILCS 5/1 et seq. 1992 State Bar Edition) as it exists on
April 5, 1993.
- 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 Division and described in
Exhibits attached hereto
(which may be amended from time to time by the Water
Director as wells are added) being the area of a circle with
a radius of one thousand (1,000) feet around each Town well
described in each Exhibit attached hereto.
- Minimum Setback Zone means the area around a community water supply well established under Section 14.2 of the Act and this Division and described in Exhibits attached hereto (which may be amended from time to time by the Water Director as wells are added) being the area within a circle with a radius of one four hundred (400) feet around each Town well described in each Exhibit attached hereto.
- Except as provided in SEC. 7.16-3 or SEC.
7.16-4 of this Division, no person shall place a new
potential primary source, new potential secondary source, or
new potential route within the minimum setback zone.
- Except as provided in SEC. 7.16-3 of this Division, no person shall place a new potential primary source within the maximum setback zone.
SEC. 7.16-3 WAIVER, EXCEPTIONS, AND CERTIFICATIONS OF MINIMAL HAZARD.
- If pursuant to SEC. 14.2b 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 SEC. 7.16-2(A) of this Division.
- If pursuant to SEC. 14.2c 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
SEC. 7.16-2(A) of this Division.
- If pursuant to SEC. 14.2c 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
SEC. 7.16-2(B) of this Division.
- If pursuant to SEC. 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 SEC. 7.16-2(A) of this Division to the same extent that such owner is not subject to SEC. 14.2d of the Act.
SEC. 7.16-4 EXCLUSION. SEC. 7.16-2(A) of this Division shall not apply to new common sources of sanitary pollution as specified pursuant to SEC. 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.
SEC. 7.16-5 FILING OF WAIVERS, EXCEPTIONS, AND CERTIFICATIONS OF MINIMAL HAZARD. If any person obtains a waiver, exception, or certification of minimal hazard pursuant to the Act from the Agency, then such person shall file a copy of such waiver, exception, or certification of minimal hazard with the Normal Town Clerk. Such filing shall be made prior to the commencement of any drilling, digging, or excavating pursuant to such waiver, exception, or certification of minimal hazard.
(Entire Division 16 Added April 5, 1993 by Ord. No. 4128)(Entire Division 16 Amended June 19, 2006, by Ord. No. 5081)