Chapter 54
NATURAL RESOURCES*
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Cross references: Buildings and building regulations, ch. 18; environment, ch. 38; health and sanitation, ch. 42; utilities, ch. 86; vegetation, ch. 90.
State law references: Municipal regulation of the covering or sealing of wells, 65 ILCS 5/11-20-10; municipal construction of wells, 65 ILCS 11-125-1 et seq.; Mines-inspection Act, 225 ILCS 710/1 et seq.; Illinois Oil and Gas Act, 225 ILCS 725/1 et seq.
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Article I. In General
Secs. 54-1– 54-25. Reserved.
Article II. Water Wells
Division 1. Generally
Secs. 54-26– 54-35. Reserved.
Division 2. Minimum and Maximum Setback Zones
Sec. 54-36. Definitions.
Sec. 54-37. Purpose.
Sec. 54-38. Prohibitions.
Sec. 54-39. Waivers, exceptions and certifications of minimal hazard.
Sec. 54-40. Exclusion.
Secs. 54-41– 54-49. Reserved.
Article III. Use of Groundwater as a Potable Water Supply
Sec. 54-50. Definitions.
Sec. 54-51. Use of groundwater as a potable water supply prohibited.
Sec. 54-52. Extraterritorial jurisdiction.
Sec. 54-53. Notice of proposed changes or requests.
ARTICLE I.
IN GENERAL
Secs. 54-1– 54-25. Reserved.
ARTICLE II.
WATER WELLS
DIVISION 1.
GENERALLY
Secs. 54-26– 54-35. Reserved.
DIVISION 2. Sec. 54-36. 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 division shall be the same as those used in the Environmental Protection Act and the Illinois Groundwater Protection Act (415 ILCS 55/1 et seq.):
Act means the Environmental Protection Act (415 ILCS 5/1 et seq.).
Agency means the state environmental protection agency.
Board means the state pollution control board.
Maximum setback zone means the area around a community water supply well established under section 14.3 of the Act (415 ILCS 5/14.3) and this division, and shown on Exhibit A to this division.
Minimum setback zone means the area around a community water supply well established under section 14.2 of the Act (415 ILCS 5/14.2) and this division, and shown on Exhibit A to this division.
(Ord. No. 90-30, § 1(2), 12-26-90; Ord. No. 08-11, § 1, 6-9-08)
Cross references: Definitions generally, § 1-2.
Sec. 54-37. Purpose.
Pursuant to the authority conferred by 65 ILCS 5/11-125-4, 415 ILCS 5/14.2 and 415 ILCS 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 division shall apply to all properties located within the minimum setback zone established under section 14.2 of the act (415 ILCS 5/14.2) and this division, and the maximum setback zone established under section 14.3 of the act (415 ILCS 5/14.3) and this division.
(Ord. No. 90-30, § 1(1), 12-26-90)
Sec. 54-38. Prohibitions.
(a) Except as provided in section 54-39 or 54-40, 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 well nos. 2, 3, 4, 5 and 6 (IEPA well nos. 45154, 45155, 45156, 01745 and 01746) as shown on exhibit A to this division, and located in the south half of Section 8, Township 11 North, Range 11 West, Clark County, Illinois.
(b) Except as provided in section 54-39, no person shall place a new potential primary source within the maximum setback zone of 1,000 feet of well nos. 2, 3, 4, 5 and 6 (IEPA well nos. 45154, 45155, 45156, 01745 and 01746), as shown on exhibit A to this division, and located in the south half of Section 8, Township 11 North, Range 11 West, Clark County, Illinois.
(Ord. No. 90-30, § 1(3), 12-26-90; Ord. No. 08-11, § 2, 6-9-08)
Sec. 54-39. Waivers, exceptions and certifications of minimal hazard.
(a) If, pursuant to section 14.2(b) of the act (415 ILCS 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 section 54-38(a) of this division.
(b) If, pursuant to section 14.2(c) of the act (415 ILCS 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 section 54-38(a) of this division.
(c) If, pursuant to section 14.2(c) of the act (415 ILCS 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 section 54-38(b) of this division.
(d) If, pursuant to section 14.5 of the act (415 ILCS 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 section 54-38(a) of this division to the same extent that such owner is not subject to section 14.2(d) of the act (415 ILCS 5/14.2(d)).
(Ord. No. 90-30, § 1(4), 12-26-90)
Sec. 54-40. Exclusion.
Section 54-38(a) shall not apply to new common sources of sanitary pollution as specified pursuant to section 17 of the act (415 ILCS 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. No. 90-30, § 1(5), 12-26-90)
Secs. 54-41– 54-49. Reserved.
ARTICLE III. Sec. 54-50. Definitions.
For the purpose of this article certain terms or words used herein shall be interpreted or defined as follows:
Person. The word "person" shall include and be applied to any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust estate, political subdivision or any other legal entity, or their legal representatives, agents or assigns.
Potable water. The term "potable water" is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.
(Ord. No. 06-13, § 1, 3-13-06)
Sec. 54-51. Use of groundwater as a potable water supply prohibited.
The use or attempt to use groundwater as a potable water supply groundwater by the installation or drilling of wells or by any other method is hereby prohibited, except for the use or attempted use of municipal potable water supply wells by the city.
(Ord. No. 06-13, § 1, 3-13-06)
State law references: 35 Illinois Administrative Code parts 620 and 742.
Sec. 54-52. Extraterritorial jurisdiction.
The provisions of this article shall extend to and apply to all property which (1) is owned by the city and (2) lies outside the corporate limits of the city, and (3) does not lie within the corporate limits of any other city, and (4) contains a municipal potable water supply well.
(Ord. No. 06-13, § 1, 3-13-06)
State law references: Section 7-4-2 of the Illinois Municipal Code (65 ILCS 5/7-4-2).
Sec. 54-53. Notice of proposed changes or requests.
The city shall notify the Illinois EPA Bureau of Land of any proposed text changes or requests for variance of this of this article 30 days prior to the date the city is scheduled to take action on the proposed change or request (35 Ill. Adm. Code 742.1015(i)(4)).
(Ord. No. 06-13, § 1, 3-13-06)
MINIMUM AND MAXIMUM SETBACK ZONES
USE OF GROUNDWATER AS A POTABLE WATER SUPPLY