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CITY OF PEKIN GROUNDWATER PROTECTION AREA ORDINANCE
CONTENTS
Section
1. Title
2. Findings
3. Purpose and Intent
4. Definitions
5. Establishment of Setback Zones
6. Applicability
7. Operating Permits and Permit Conditions
8. Groundwater Protection Overlay Zones
9. Regulations Which Apply Within the Minimum Setback Zone
(Zone 1) of the GWPA.
A. Prohibited Uses and Activities
B. Review of Proposed Activities
10. Regulations Which Apply Within the Maximum Setback Zone
(Zone 2) of the GWPA.
A. Prohibited Uses and Activities
B. Review of Proposed Activities
C. Conditions for Groundwater Protection Area Permits
Issued to New Facilities
11. Regulations Which Apply Within the 5-Year Capture Zone
(Zone 3) of the GWPA
12. Unauthorized Releases
A. General Provisions
B. Unauthorized Releases Requiring Recording
C. Unauthorized Releases Requiring Reporting
13. Closure Permits and Permit Conditions
14. Penalties
15. Enforcement
16. Notice of Violation
17. Appeals
18. Severability
19. Inconsistent Ordinances Repealed
20. Saving Clause
21. Enactment
EXHIBITS
Exhibit 1. Regulated Substances List
Exhibit 2. Illustration of the Delineated Groundwater Protection Area
Exhibit 3. "Best Management Practices" for the Construction Industry
SECTION 1: TITLE
This Ordinance shall be hereinafter known as the "Groundwater Protection
Ordinance", may be cited as such, will be hereinafter referred to as "this
Ordinance.
SECTION 2: FINDINGS
The City of Pekin finds that:
WHEREAS, the continued availability of a natural, uncontaminated supply of water
is an important and vital resource benefiting the residents of the City of
Pekin; and
WHEREAS, it is in the best interest of the present and future residents of the
City of Pekin both economically and in regard to health, that steps be taken to
reduce the risk of contamination to the water supply; and
WHEREAS, restricting the number of future potential sources of contamination to
the water supply of the City of Pekin pursuant to the guidelines established by
this Ordinance and the Illinois Groundwater Protection Act is a reasonable means
by which to attempt to provide for a continued unpolluted source of water for
the residents of the City of Pekin and surrounding areas; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pekin,
Counties of Tazewell and Peoria, State of Illinois:
SECTION 3: PURPOSE AND INTENT
A. PURPOSE
In the interest of securing and promoting 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 the present and future
generations, and to protect and preserve groundwater resources currently in use
and those aquifers having a potential for future use as a public water supply,
the provisions of this Ordinance shall apply to all properties located within
the City of Pekin. This Ordinance establishes regulations for land uses within
the Groundwater Protection Areas for: inspection and monitoring standards for
new regulated substance facilities; uniform standards for release reporting;
emergency response; substance management planning; permit procedures; and
enforcement.
B. INTENT
It is the intent of this Ordinance to provide a method:
1. To protect the groundwater resources of the City of Pekin and the surrounding
area.
2. To provide a means of regulating land uses within the Groundwater Protection
Areas.
3. To protect the City of Pekin's drinking water supply and that of the
surrounding area from potential impacts by facilities that store, handle, treat,
use, or produce substances that pose a hazard to groundwater quality.
SECTION 4: DEFINITIONS
Except as stated in this Ordinance, and unless a different meaning of a word or
term is clear from the context, the definition of words or terms in this
Ordinance shall be the same as those used in the Illinois Environmental
Protection Act and the Illinois Groundwater Protection Act (415 ILCS 5/14 et
seq.), as amended from time to time.
A. "Act" means the Illinois Environmental Protection Act (415 ILCS 5/1 et seq.)
B. "Agency" means the Illinois Environmental Protection Agency.
C. "Aquifer" means saturated (with groundwater) soils and geologic materials
which are sufficiently permeable to readily yield economically useful quantities
of water to wells, springs, or streams under ordinary hydraulic gradients.
D. "Board" means the Illinois Pollution Control Board.
E. "City" means the City of Pekin, Tazewell and Peoria Counties, Illinois.
F. "Containment Device" means a device that is designed to contain an
unauthorized release, retain it for cleanup, and prevent released materials from
penetrating into the ground.
G. "Facility" means:
(i) any building, structure, installation, equipment, pipe or pipeline including
but not limited to any pipe into a sewer or publicly owned treatment works,
well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor
vehicle, rolling stock, or aircraft; or
(ii) any site or area where a hazardous substance has been deposited, stored,
disposed of, or placed, or otherwise come to be located.
H. "Groundwater" means underground water which occurs within the saturated zone
and geologic materials where the fluid pressure in the pore space is equal to or
greater than atmospheric pressure.
I. "Groundwater Protection Area" ("GWPA") means the portion of an aquifer within
the minimum setback zone, maximum setback zone, or 5-year capture zone of a well
or wellfield, as delineated in Exhibit 2 of this Ordinance.
J. "Groundwater Protection Area Permit" means an authorization by the City for a
person to store, handle, use or produce a regulated substance within a GWPA.
K. "Groundwater Protection Overlay Zones" are zones of the GWPA designated to
provide differential levels of protection. Each GWPA is subdivided into three
Groundwater Protection Overlay Zones as described below and as illustrated in
Exhibit 2.
1. Zone 1: Minimum Setback Zone - The geographic area located between a well or
wellfield providing potable water to a community water supply and a radial area
of 400 feet (122 meters).
2. Zone 2: Maximum Setback Zone - The geographic area located between a well or
wellfield providing potable water to a community water supply and a regular or
irregularly shaped area not to exceed 1,000 feet (305 meters) from the wellhead,
but excluding the minimum setback zone .
3. Zone 3: 5-Year Capture Zone - The geographic area located between a well or
wellfield providing potable water to a community water supply and the delineated
5-year zone of capture but excluding zones 1 and 2.
L. "New Potential Primary Source" means:
(i) a Potential Primary Source which is not in existence or for which
construction has not commenced at its location as of February 1, 1995; or
(ii) a Potential Primary Source which expands laterally beyond the currently
permitted boundary, or if the primary source is not permitted, the boundary in
existence as of February 1, 1995; or
(iii) a Potential Primary Source which is part of a Facility that undergoes
major reconstruction. Such reconstruction shall be deemed to have taken place
where the fixed capital cost of the new components constructed within a 2-year
period exceed 50% of the fixed capital cost of a comparable entirely new
Facility.
Construction shall be deemed commenced when all necessary federal, state and
local approvals have been obtained, and work at the site has been initiated and
proceeds in a reasonably continuous manner to completion.
M. "New Potential Route" means:
(i) a Potential Route which is not in existence or for which construction has
not commenced at its location as of February 1, 1995, or
(ii) a Potential Route which expands laterally beyond the currently permitted
boundary or, if the Potential Route is not permitted, the boundary in existence
as of February 1, 1995.
Construction shall be deemed commenced when all necessary federal, state and
local approvals have been obtained, and work at the site has been initiated and
proceeds in a reasonably continuous manner to completion.
N. "New Potential Secondary Source" means:
(i) a Potential Secondary Source which is not in existence or for which
construction has not commenced at its location as of February 1, 1995; or
(ii) a Potential Secondary Source which expands, laterally beyond the currently
permitted boundary or, if the Secondary Source is not permitted, the boundary in
existence as of February 1, 1995, other than an expansion for handling of
livestock waste or for treating domestic wastewaters; or
(iii) a Potential Secondary Source which is a part of a Facility that undergoes
major reconstruction. Such reconstruction shall be deemed to have taken place
where the fixed capital cost of the new components constructed within a 2-year
period exceed 50% of the fixed capital cost of a comparable entirely new
facility.
Construction shall be deemed commenced when all necessary federal, state and
local approvals have been obtained, and work at the site has been initiated and
proceeds in a reasonably continuous manner to completion.
O. "Operator" means any person in control of, or having responsibility for daily
operation of a facility.
P. "Owner" means any person who owns a site, facility or unit or part of a site,
facility or unit, or who owns the land on which the site, facility or unit is
located.
Q. "Person" means any person, individual, public or private corporation, firm,
association, joint venture, trust, partnership, municipality, governmental
agency, political subdivision, public officer, owner, lessee, tenant, or any
other entity whatsoever or any combination of such, jointly or severally.
R. "Potable Water" means water that is satisfactory for drinking, culinary, and
domestic purposes meeting currently accepted water supply practices and
principals.
S. "Potential Primary Source" means any Unit at a Facility or Site not currently
subject to a removal or remedial action which:
(i) is utilized for the treatment, storage, or disposal of any hazardous or
special waste not generated at the site: or
(ii) is utilized for the disposal of municipal waste not generated at the Site,
other than landscape waste and construction and demolition debris; or
(iii) is utilized for the landfilling, land treating, surface impounding or
piling of any hazardous or special waste that is generated on the Site or at
other sites owned, controlled or operated by the same person; or
(iv) stores or accumulates at any time more than 75,000 pounds (34,020
kilograms) above ground, or more than 7,500 pounds (3,402 kilograms) below
ground, of any hazardous substances.
T. "Potential Route" means abandoned and improperly plugged wells of all kinds,
drainage wells, all injection wells, including closed loop heat pump wells, and
any excavation for the discovery, development or production of stone, sand or
gravel.
U. "Potential Secondary Source" means any Unit at a Facility or a Site not
currently subject to a removal or remedial action, other than a Potential
Primary Source which:
(i) is utilized for the landfilling, land treating, or surface impounding of
waste that is generated on the Site or at other sites owned, controlled or
operated by the same person, other than livestock and landscape waste, and
construction and demolition debris; or
(ii) stores or accumulates at any time more than 25,000 pounds (11,340
kilograms) but not more than 75,000 pounds 34,020 kilograms) above ground, or
more than 2,500 pounds (1,134 kilograms) but not more than 7,500 pounds (3,402
kilograms) below ground, of any hazardous substances; or
(iii) stores or accumulates at any time more than 25,000 gallons (94,633 liters)
above ground, or more than 500 gallons (1,893) liters) below ground, of
petroleum, including crude oil or any fraction thereof which is not otherwise
specifically listed or designated as a hazardous substance; or
(iv) stores or accumulates pesticides, fertilizers, or road oils for purposes of
commercial application or for distribution to retail sales outlets; or
(v) stores or accumulates at any one time more than 50,000 pounds (22,680
kilograms) of any de-icing agent; or
(vi) is utilized for handling livestock waste or for treating domestic
wastewaters other than private sewage disposal systems as defined in the
"Private Sewage Disposal Licensing Act.". (225 ILCS 225/1 et seq.)
V. "Recharge Area" means the area through which precipitation and surface water
can enter an aquifer.
W. "Regulated Substances" means those substances found in Exhibit 1, attached
hereto and incorporated herein.
X. "Saturated Zone" means the zone in which the voids in the rock or soil are
filled with water at a pressure greater than atmospheric pressure.
Y. "Setback Zone" means a geographic area designated pursuant to the Act and
this Ordinance, containing a potable water supply well or a potential source or
potential route, having a continuous boundary, and within which certain
prohibitions or regulations are applicable in order to protect groundwaters.
Z. "Site" means any location, place, tract of land, or facilities, including but
not limited to buildings, and improvements used for purposes subject to
regulations or control by the Act or regulations thereunder.
AA. "Unauthorized Release" means any spilling, leaking, emitting, discharging,
escaping, leaching, or disposing of a regulated substance in a quantity greater
than 1 gallon (8 pounds) from a facility into a containment system, into the
air, into groundwater, surface water, surface soils or subsurface soils.
Unauthorized release does not include: intentional withdrawals of regulated
substances for the purpose of legitimate sale, use, or disposal; and discharges
permitted under federal, state, or local law.
BB. "Underlying Permit" includes the Building Permits, Sewer Tap Agreements,
Stormwater Retention Permits, Occupancy Permits, Preliminary Plat and Final Plat
(required by the Pekin Subdivision Ordinance) and any other applicable approval
or permit required by the City in relation to the facility
CC. "Unit" means any device, mechanism, equipment, or area (exclusive of land
utilized only for agricultural production).
DD. "Well" means any excavation that is drilled, cored, bored, driven, dug,
fitted or otherwise constructed when the intended use of such excavation is for
the location, diversion, artificial recharge, or acquisition of groundwater.
EE "Well Field" means an area which contains one or more wells for obtaining a
potable water supply.
FF. "Well Number" means a well number owned and operated by Illinois American
Water Company or Groveland Township Water District, as depicted on Exhibit 2.
SECTION 5: ESTABLISHMENT OF SETBACK ZONES
A. Minimum Setback Zones are hereby established as set forth in Exhibit 2, as
that area within a 400 feet (122 meters) radius of each existing or permitted
community water supply well within the City or within 400 feet (122 meters) of
the city limits of the City.
B. Maximum Setback Zones are hereby established as set forth in Exhibit 2, as
that area within a regular or irregularly shaped 1,000 feet (305 meters) radius
of each existing or permitted community water supply well within the City, or
within 1,000 feet (305 meters) of the city limits of the City.
C. 5-Year Capture Zones are hereby established as set forth in Exhibit 2, which
incorporates and adopts the recharge areas identified by the Groundwater
Protection Needs Assessment dated November, 1992, performed for the City
pursuant to Section 17.1 of the Act.
SECTION 6: APPLICABILITY
A. Persons who own and/or operate one or more facilities in a Groundwater
Protection Area (GWPA) shall comply with this Ordinance. This obligation shall
be joint and several.
B. All facilities within a Groundwater Protection Area must comply with this
Ordinance prior to issuance of any underlying permits. Existing facilities which
are not applying for an underlying permit shall have one year from the effective
date of this Ordinance to come into compliance.
C. If the City Code Enforcement Officer determines that a facility, otherwise
exempt from the permit requirements of this Ordinance, has a potential to
degrade groundwater quality, then the City Code Enforcement Officer may classify
that facility as a new potential primary source, a potential route, or potential
secondary source, and require that facility to comply with this Ordinance
accordingly. Such determination shall be based upon site-specific data and shall
be eligible for appeal pursuant to Section 17 of this Ordinance.
D. The following are exempt from the permit requirements of this Ordinance:
1. The storage and handling of regulated substances for resale in their original
unopened containers of five (5) gallons (19 liters) or forty (40) pounds (18
kilograms) or less shall be exempt from the permit requirements of this
Ordinance.
2. De Minimus Usage of Regulated Substances: Facilities that use, store, or
handle regulated substances in quantities of five (5) gallons (19 liters) or
forty (40) pounds (18 kilograms) or less of any one regulated substance, and in
aggregate quantities of twenty (20) gallons (76 liters) or one-hundred (100)
pounds (45 kilograms) or less of all regulated substances, shall be exempt from
the permit requirement of this Ordinance.
3. Single family residences provided that no home business is operated on the
premises.
4. Public interest emergency use and storage of regulated substances.
5. Regulated substances used by or for the City in wastewater treatment
processes.
6. Fueling of equipment not licensed for street use, provided that such fueling
activities are conducted in a containment area that is designed and maintained
to prevent leakage or other violations of this Ordinance.
E. The following are exempt from this Ordinance:
1. Fuel tanks and fluid reservoirs attached to a private or commercial motor
vehicle and used directly in the operation of that vehicle.
2. Existing heating systems using fuel oil.
3. The activities of construction, repairing or maintaining any facility or
improvement on lands within Zones 1, 2, or 3 provided that all contractors,
subcontractors, laborers, material men and their employees when using, handling,
storing or producing Regulated Substances in Zones 1, 2, or 3 use those
applicable "Best Management Practices" set forth in Exhibit 3, attached hereto
and incorporated herein.
4. Cleanups, monitoring and/or studies undertaken under supervision of the
Illinois Environmental Protection Agency or other state regulatory Agency or the
United States Environmental Protection Agency.
5. Activities specifically regulated under 35 Ill. Adm. Code 601.615, 616, and
617 (Regulations for existing and new activities within setback zones and
regulated recharge areas); 8 Ill. Adm. Code 255 and 256 (Regulations for
secondary containment for agricultural pesticide and fertilizer facilities); and
8 Ill. Adm. code 257 (cooperative groundwater protection program for
agricultural chemical facilities within appropriate setback zones).
6. If the owner of a new potential primary source, new potential secondary
source, or new potential route is granted an Exception by the Board (other than
land filling or land treating) pursuant to the Act, such owner shall not be
subject to this Ordinance to the same extent that such owner is not subject to
the Act.
7. If 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 pursuant to the Act, such owner shall not be subject to this Ordinance to
the same extent that such owner is not subject to the Act.
F. Any action by the Agency or Board referred to this section shall not be final
and binding on the City under this Ordinance until the City has received notice
of such proposed action and has had reasonable opportunity to present evidence
concerning its interest.
SECTION 7: OPERATING PERMITS AND PERMIT CONDITIONS
A. GENERAL CONDITIONS
1. No person, persons, corporation, or other legal entities shall install or
operate a facility in a GWPA without first obtaining a Groundwater Protection
Operating Permit from the Code Enforcement Officer.
2. The focus of review for all permits shall be on the substances that will be
stored, handled, treated, used or produced and the potential for these
substances to degrade groundwater quality.
3. All permits required pursuant to this Ordinance must be issued prior to or
concurrent with the issuance of permits for construction activities or
underlying permits.
4. The Code Enforcement Officer shall not issue an Operating Permit for a
facility unless adequate plans, specifications, test data, and/or other
appropriate information has been submitted by the owner and/or operator showing
that the proposed design and construction of the facility meets the intent and
provisions of this Ordinance and will not impact the short term, long term on
cumulative quantity or quality of groundwater.
5. The application for Operating Permits pursuant to this Ordinance shall be
made on a form provided by the City of Pekin and shall be accompanied by a fee
of two hundred dollars ($200). The annual renewal fee shall be twenty-five
dollars ($25) and shall accompany the annual certification statement.
6. Any person who owns or operates more than one facility in a single zone of
the (GWPA) shall have the option of obtaining one permit for all operations if
the operations at each facility are similar and the permit requirements under
this Ordinance are applicable to each facility individually.
7. An Operating Permit, issued by the Code Enforcement Officer shall be
effective for 1 year. The Code Enforcement Officer shall not issue a permit to
operate a facility until the Code Enforcement Officer determined that the
facility complies with the provisions of these regulations.
8. The facility owner shall apply to the City of Pekin for permit renewal at
least 60 days prior to the expiration of the permit. If an inspection of the
facility reveals noncompliance, then the Code Enforcement Officer must verify by
a follow-up inspection that all required corrections have been implemented
before renewing the permit.
9. Operating Permits may be transferred to a new facility owner/operator if the
new facility owner/operator does not change any conditions of the permit, the
transfer is registered with the City of Pekin within 30 days of the change in
ownership, and any necessary modifications are made to the information in the
initial permit application due to the change in ownership.
10. Within 30 days of receiving an inspection report from the City of Pekin, the
Operating Permit holder shall file with the City of Pekin a plan and time
schedule to implement any required modifications to the facility or to the
monitoring plan needed to achieve compliance with the intent of this Ordinance
or the permit conditions. This plan and time schedule shall also implement all
of the recommendations of the Code Enforcement Officer.
B. PERMIT APPLICATIONS
1. The Operating Permit application shall include at a minimum:
a. Name, address, and phone number of owner/operator.
b. Property address, legal description and tax identification number of the
facility.
c. The names and volumes of all regulated substances which are stored, handled,
treated, used, or produced at the facility being permitted in quantities greater
than the de minimis amounts specified in Section 6 of this Ordinance. Copies of
all leases pertaining to the facility.
d. A detailed description of the activities conducted at the facility that
involve the storage, handling, treatment, use or production of regulated
substances in quantities greater than the de minimis amounts specified in
Section 6 of this Ordinance.
e. A description of the containment devices used to comply with the requirements
of this Ordinance.
f. A Regulated Substances Management Plan for the facility.
g. A description of the procedures for inspection and maintenance of containment
devices.
h A description of the method for disposal of regulated substances.
i. 10 copies of a site plan showing the location of the facility and its
property boundaries and the locations where regulated substances in containers
larger than five (5) gallons (19 liters) or forty (40) pounds (18 kilograms) in
size are stored, handled, treated, used, produced, the location of each
containment device.
2. CONDITIONS FOR GWPA PERMITS ISSUED TO NEW FACILITIES
a) Containment Devices
1) The owner/operator of a facility must provide containment devices adequate in
size to contain on-site any unauthorized release of regulated substances from
any area where these substances are either stored, handled, treated, used, or
produced. Containment devices shall prevent such substances from penetrating
into the ground. Design requirements for containment devices include:
i. The containment device shall be large enough to contain 110 (one hundred ten)
percent of the volume of the container in cases where a single container is used
to store, handle, treat, use, or produce a regulated substance. In cases where
multiple containers are used, the containment device shall be large enough to
contain 150 percent of the volume of the largest container or 10 percent of the
aggregate volume of all containers, whichever is greater.
ii. All containment devices shall be constructed of materials of sufficient
thickness, density, and composition to prevent structural weakening of the
containment device as a result of contact with any regulated substance. If
coatings are used to provide chemical resistance for containment devices, they
shall also be resistant to the expected abrasion and impact conditions.
Containment devices shall be capable of containing any unauthorized release for
at least the maximum anticipated period sufficient to allow detection and
removal of the release.
iii. If the containment device is open to rainfall, then it shall be able to
accommodate the volume of precipitation that could enter the containment device
during a 24-hour, 100-year storm, in addition to the volume of the regulated
substance storage required in Subsection 1(a) above.
iv. Containment devices shall be constructed so that a collection system can be
installed to accumulate, temporarily store, permit detection of the presence of,
and permit removal of any storm runoff or regulated substance.
v. Containment devices shall include monitoring procedures or technology capable
of detecting the presence of a regulated substance within 24 hours following a
release.
b. Regulated Substances Management Plan
1.) REGULATED SUBSTANCES MANAGEMENT PLAN
a. A Regulated Substances Management Plan indicating procedures to be followed
to prevent, control, collect, and dispose of any unauthorized release of a
regulated substance shall be required as a condition of each Operating Permit.
If a spill prevention control plan or similar contingency plan has been prepared
in accordance with Illinois or United States Environmental Protection Agency
requirements, a Regulated Substance Management Plan is not required as long as
all of the regulated substances are included in the spill prevention control
plan.
b. The Regulated Substances Management Plan shall include:
1.) Provisions to address the regulated substances monitoring requirements.
2.) Provisions to train employees in the prevention, identification, reporting,
control, disposal, and documentation of any unauthorized release of a regulated
substance.
2.) The owners or operators of all new facilities shall implement regulated
substances monitoring as part of the Regulated Substances Management Plan
required by Section 15 of this Ordinance. Visual monitoring must be implemented
unless it is determined by the City of Pekin Fire Department to be infeasible.
3.) All regulated substance monitoring activities shall include the following:
a). A written routine monitoring procedure which includes, when applicable: the
frequency of performing the monitoring method, the methods and equipment to be
used for performing the monitoring, the location(s) from which the monitoring
will be performed, the name(s) or title(s) of the person(s) responsible for
performing the monitoring and/or maintaining the equipment, and the reporting
format.
b). Written records of all monitoring performed shall be maintained on-site by
the operator for a period of 3 years from the date the monitoring was performed.
The City of Pekin may require the submittal of the monitoring records or a
summary at a frequency that the City may establish. The written records of all
monitoring performed in the past 3 years shall be shown to the City upon demand
during any site inspection. Monitoring records shall include but not be limited
to:
i). The date and time of all monitoring or sampling;
ii). Monitoring equipment calibration and maintenance records;
iii). The results of any visual observations;
iv). The logs of all readings of gauges or other monitoring equipment, or other
test results; and
v). The results of inventory readings and reconciliations.
4) Procedures for the in-house inspection and maintenance of containment devices
and areas where regulated substances are stored, handled, treated, used, and
produced shall be identified in the Operating permit for each facility. Such
procedures shall be in writing, and a log shall be kept of all inspection and
maintenance activities. Such logs shall be submitted to the Code Enforcement
Officer with the renewal applications available for inspection at other times
upon 48 hours notice. Inspection and maintenance logs shall be maintained
on-site by the owner or operator for a period of at least 3 years from the date
the monitoring was performed.
C. REPORTING
The permittee shall report to the Code Enforcement Officer 15 days after any
changes in a facility including:
1. The storage, handling, treatment, use, or processing of new regulated
substances;
2. Changes in monitoring procedures; or
3. The replacement or repair of any part of a facility that is related to the
regulated substance(s).
SECTION 8: GROUNDWATER PROTECTION OVERLAY ZONES
A. The location of Groundwater Protection Areas in the City are defined in
Exhibit 2 to this Ordinance. Groundwater Protection Area maps shall be placed on
file with the Department of Planning/Zoning/Building/Public Works, and the Pekin
Fire Department.
B. In determining the location of facilities within the zones defined by Exhibit
2, the following rule shall apply.
1. Facilities located wholly within a GWPA zone shall be governed by the
restriction applicable to that zone.
2. Facilities having parts lying within more than one zone of a GWPA shall be
governed by the restrictions applicable to the more restrictive zone.
3. Facilities having parts lying both in and out of a GWPA shall be governed by
the restrictions applicable to the more restrictive zone.
SECTION 9: REGULATIONS WHICH APPLY WITHIN THE MINIMUM SETBACK ZONE (ZONE 1) OF
THE GWPA
A. PROHIBITED USES AND ACTIVITIES
1. Except as provided in Sections 6, no person shall place a new potential
primary source, new potential secondary source, or new potential route within
the minimum setback zone(s) of any existing or permitted community water supply
well in the City or within 400 feet (122 meters) of the City limits of the City.
2. Except as provided in Section 6, no person shall alter or change an existing
potential primary source, potential secondary source, or potential route where
the alteration or change would result in a potential source or route that would
be prohibited under this Ordinance if it were a new potential source or route.
3. No person shall conduct any activity or engage in a use of property which
shall constitute an interference with the health and safety or welfare of a
community water supply well. Such activities are declared to be a public
nuisance and are prohibited by this Ordinance.
B. REVIEW AND APPROVAL OF PROPOSED ACTIVITIES
1. All proposals for new facilities which use, store, handle, treat or produce a
regulated substance within the minimum setback zone (Zone 1) must be reviewed by
the Code Enforcement Officer for compliance with this Ordinance including
obtaining a Groundwater Protection Permit pursuant to this Ordinance, prior to
issuance of any underlying permit.
2. No groundwater operating permit shall be issued unless a finding is made by
the Code Enforcement Officer that the proposal will not impact the long term,
short term or cumulative quality of the aquifer. The finding shall be based on
the present or past land use activities conducted at the facility; regulated
substances stored, handled, treated, used or produced; and the potential for the
activities or regulated substances to degrade groundwater quality.
3. New sources of sanitary sewerage (residential and non-residential) shall, as
a condition of the building permit, be required to connect to an IEPA permitted
central sanitary sewer system prior to occupancy.
SECTION 10: REGULATIONS WHICH APPLY WITHIN THE MAXIMUM SETBACK ZONE (ZONE 2) OF
THE GWPA
A. PROHIBITED USES AND ACTIVITIES
1. Except as provided in Section 6, no person shall place a new potential
primary source within the maximum setback zone(s) of any existing or permitted
community water supply well in the City or within 1000 feet (305 meters) of the
City limits of the City.
2. Except as provided in Section 6, no person shall alter or change an existing
potential primary source where the alteration or change would result in a
potential source or route that would be prohibited under this Ordinance if it
were a new potential source or route.
3. No person shall conduct any activity or engage in a use of property which
shall constitute an interference with the health and safety or welfare of a
community water supply well or other water well by the accidental, negligent, or
intentional introduction of contaminants. Such activities are declared to be a
public nuisance and are prohibited by this Ordinance.
B. REVIEW AND APPROVAL OF PROPOSED ACTIVITIES
1. All proposals for new facilities which use, store, handle, treat or produce a
regulated substance within the maximum setback zone (Zone 2) must be reviewed by
the Code Enforcement Officer for compliance with this Ordinance including
obtaining a Groundwater Protection Permit pursuant to this Ordinance, prior to
issuance of any underlying permit.
2. No groundwater operating permit shall be issued unless a finding is made by
the Code Enforcement Officer that the proposal will not impact the long term,
short term or cumulative quality of the aquifer. The finding shall be based on
the present or past land use activities conducted at the facility; regulated
substances stored, handled, treated, used or produced; and the potential for the
activities or regulated substances to degrade groundwater quality.
3. New sources of sanitary sewerage (residential and non-residential) shall, as
a condition of the building permit, be required to connect to an IEPA permitted
central sanitary sewer system prior to occupancy.
SECTION 11: REGULATIONS WHICH APPLY WITHIN THE 5-YEAR CAPTURE ZONE (ZONE 3) OF
THE GWPA
A. REVIEW AND APPROVAL OF PROPOSED ACTIVITIES
1. All proposals for new facilities which use, store, handle, treat or produce a
regulated substance within the 5-year Capture zone (Zone 3) must be reviewed by
the Code Enforcement Officer for compliance with this Ordinance including
obtaining a Groundwater Protection Permit pursuant to this Ordinance, prior to
issuance of any underlying permit.
2. No groundwater operating permit shall be issued unless a finding is made by
the Code Enforcement Officer that the proposal will not impact the long term,
short term or cumulative quality of the aquifer. The finding shall be based on
the present or past land use activities conducted at the facility; regulated
substances stored, handled, treated, used or produced; and the potential for the
activities or regulated substances to degrade groundwater quality.
3. New sources of sanitary sewerage (residential and non-residential) shall, as
a condition of the building permit, be required to connect to an IEPA permitted
central sanitary sewer system prior to occupancy.
SECTION 12: UNAUTHORIZED RELEASES
A. General Provisions
All unauthorized releases shall be reported to the Pekin Fire Department
according to the provisions of this section. All unauthorized releases shall be
recorded in the owner's inspection and maintenance log. An unauthorized release
is an "unauthorized release requiring recording" if the release is completely
captured by the containment device. If the containment device fails to contain
the entire release, the release is an "unauthorized release requiring
reporting."
B. Unauthorized Releases Requiring Recording
1. Unauthorized releases requiring recording shall be reported to the Pekin Fire
Department within 24 hours after the release has been, or should have been
detected.
2. The incident report shall be accompanied by a written record including the
following information:
a. The type, quantities, and concentration of regulated substances released.
b. Method of cleanup.
c. Method and location of disposal of the released regulated substances
including whether a hazardous waste manifest(s) is used.
d. Method of future release prevention or repair. If this involves a change in
operation, monitoring, or management, the owner must apply for a new Operating
Permit.
e. Facility operator's name and telephone number.
3. The Pekin Fire Department shall review the information submitted pursuant to
the report of an unauthorized release requiring recording, shall review the
Operating Permit, and may inspect the facility. The Pekin Fire Department shall
either find that the containment standards of this Ordinance can continue to be
achieved or shall recommend the revocation of the permit until appropriate
modifications are made to allow compliance with the standards.
C. Unauthorized releases Requiring Reporting
1. Unauthorized releases requiring reporting shall be verbally reported to the
Pekin Fire Department immediately.
2. A written report shall be submitted promptly thereafter containing the
following information that is known at the time of filing the report:
a. List of type, quantity, and concentration of regulated substances released.
b. The results of all investigations completed at that time to determine the
extent of soil or groundwater or surface water contamination because of the
release.
c. Method of cleanup implemented to date, proposed cleanup actions and
approximate cost of actions taken to date.
d. Method and location of disposal of the released regulated substance and any
contaminated soils, groundwater, or surface water.
e. Proposed method of repair or replacement of the containment device.
f. Facility owner's name and telephone number.
3. Until cleanup is complete, the owner shall submit reports containing the
reporting required by Section 7C. to the Code Enforcement Officer and the Pekin
Fire Department every month or at a more frequent interval specified by the Fire
Department.
4. The Pekin Fire Department shall either find that the containment standards of
this Ordinance can continue to be achieved or shall recommend the revocation of
the permit until appropriate modifications are made to allow compliance with the
standards.
D. Upon confirmation of an unauthorized release to groundwater, the owner shall
be responsible for immediately accomplishing the following:
1. Locate and determine the source of the unauthorized release of the regulated
substance(s).
2. Stop and prevent any further unauthorized release(s).
3. Comply with the requirements for an unauthorized release(s) requiring
reporting.
E. No new regulated substance(s) may be introduced at the site of the regulated
substance(s) that caused the violation.
F. If an unauthorized release creates or is expected to create an emergency
situation with respect to the drinking water supply of the City or a public
water supply well within 1000 feet (305 meters) of the City, and if the facility
owner fails to address the unauthorized release within 12 hours, the City or its
authorized agents shall have the authority to implement removal or remedial
actions. Such actions may include, but not be limited to, the prevention of
further groundwater contamination; installation of groundwater monitoring wells;
collection and laboratory testing of water, soil, and waste samples; and cleanup
and disposal of regulated substances. The facility owner and operator jointly
and severally shall be responsible for any costs incurred by the City of Pekin
or its authorized agents in the conduct of such remedial actions, including but
not limited to all consultant, engineering and attorney fees.
G. Reporting a release to the Pekin Fire Department does not exempt or preempt
any other reporting requirements under federal, state, or local laws.
SECTION 13: CLOSURE PERMITS AND PERMIT CONDITIONS
A. No person shall close or cause to be closed a facility regulated pursuant to
this Ordinance without first obtaining a Closure Permit from the Code
Enforcement Officer. The Code Enforcement Officer shall not issue a permit to
temporarily or permanently close a facility unless adequate plans and
specifications and other appropriate information have been submitted by the
applicant showing that the proposed closure meets the intent and provisions of
this Ordinance.
B. Closure Permits shall be required for all facilities that cease to store,
handle, treat, use, or produce regulated substances for a period of more than
365 days or when the owner has no intent within the next year to store, handle,
treat, use, or produce regulated substances. During the period of time between
cessation of regulated substance storage, handling, treatment, use, or
production, and actual completion of facility closure, the applicable
containment and monitoring requirements of this Ordinance shall continue to
apply.
C. Prior to closure, the facility owner shall submit to the Code Enforcement
Officer a proposal describing how the owner intends to comply with closure
requirements. Owners proposing to close a facility shall comply with the
following requirements:
1. Regulated substances shall be removed from the facility, including residual
liquids, solids, or sludges to levels specified by the Illinois Environmental
Protection Agency.
2. When a containment device is to be disposed of, the owner must document to
the Code Enforcement Officer that disposal has been completed in compliance with
the Act.
3. An owner of a containment device or any part of a containment device that is
destined for reuse as scrap material shall identify this reuse to the City.
D. The owner of a facility being closed shall demonstrate to the satisfaction of
the Code Enforcement Officer that no detectable unauthorized release has
occurred or that all unauthorized releases have been cleaned up. This
demonstration can be based on the ongoing leak detection monitoring or soils
sampling performed during or immediately after closure activities.
E. If an unauthorized release is determined to have occurred, the facility owner
shall comply with Section 12 of this Ordinance.
F. Facility closure will be accepted as complete by the Code Enforcement Officer
upon implementation of the Closure Permit conditions and compliance with all
other provisions of this Ordinance.
G. No person shall temporarily or permanently abandon a facility in an GWPA
without complying with the requirements of this Ordinance.
H. The application for a Closure Permit pursuant to this Ordinance shall be made
on a form provided by the City of Pekin and shall be accompanied by a fee of two
hundred dollars ($200).
I. Any person who owns or operates more than one facility in a single zone of
the (GWPA) shall have the option of obtaining one permit for all simultaneous
closures if the operations at each facility are similar and the permit
requirements under this Ordinance are applicable to each facility individually.
SECTION 14: PENALTIES
A. A violation of any of the provisions of this Ordinance shall constitute a
misdemeanor and a nuisance. It shall be a separate offense for each and every
day or portion thereof during which any violation of any of the provisions of
this Ordinance is committed, continued, or permitted.
B. Any owner or operator who violates any provisions of this Ordinance shall be
subject, upon conviction in court, to a fine not to exceed $500 per day per
facility.
C. In addition to any fines and penalties set forth above, the owner or operator
shall reimburse the City of Pekin, for all reasonable costs incurred as a result
of responding to, containing, cleaning up, or monitoring the cleaning up and
disposal of any spilled or leaked regulated substance including but not limited
to consultant , engineering and legal fees.
SECTION 15: ENFORCEMENT
A. The City shall be the administering agency and shall have the power and
authority to administer and enforce the provisions of this Ordinance. The City
shall have the right to conduct inspections of facilities at reasonable times to
determine compliance with this Ordinance.
B. The Code Enforcement Officer may revoke any permit issued pursuant to this
Ordinance after notice to the permittee and after affording the permittee an
opportunity to meet either in person or by telephone if it finds that the permit
holder:
1. Has failed or refused to comply with any provision of this Ordinance;
2. Has submitted false or inaccurate information in a permit application;
3. Has refused lawful inspection;
4. Has an unauthorized release and the Code Enforcement officer finds that the
containment standards of this Ordinance cannot continue to be achieved.
SECTION 16: NOTICE OF VIOLATION
Whenever it is determined that there is a violation of this Ordinance, the
notice of violation issued shall:
A. Be in writing and delivered to the owner or operator by regular mail; and
B. Be dated and signed by the authorized City agent making the inspection; and
C. Specify the violation or violations; and
D. Specify the length of time (not less than 72 hours) to correct the violation
after receiving the notice of violation.
SECTION 17: APPEALS
The Mayor shall appoint, subject to the City Council's approval, the Groundwater
Appeals Committee. Said committee shall consist of the Fire Chief, Public Works
Director, and Code Enforcement Officer.
A. Any decision by the Code Enforcement Office or Fire Department under this
Ordinance may be appealed to the Groundwater Appeals Committee.
B. The Groundwater Appeals Committee shall also hear petitions to exempt a
facility from the requirements of Section 7 of this Ordinance as follows:
1. The applicant may demonstrate that the 5-year capture zone area(s) map
incorrectly identify the facility as being within the Groundwater Protection
Overlay Zone(s). The burden of proof shall rest upon the applicant to
demonstrate that the facility location is not within a delineated 5-year capture
zone area. The applicant shall be required to present detailed hydrogeologic and
hydrologic information to the Groundwater Appeals Committee that the facility
location is, in fact, not within a 5-year capture zone area.
2. The applicant may be required to present detailed technical information that
a material(s) on the Regulated Substances List does not endanger the GWPA in the
event of an unauthorized release. To continue the permit appeal process, the
applicant shall provide funds to the Groundwater Appeals Committee to pay for
the technical review by the Groundwater Appeals Committee's choice of
consultant(s) of said hydrogeologic and hydrologic information and/or regulated
substance information and shall base its recommendation, in part, on the report
by said consultant(s).
C. Procedures
1. Appeals to the Groundwater Appeals Committee take place by filing an appeal
in writing with the City Clerk of the City within 14 days after receipt of a
decision in writing from the Code Enforcement Officer or the Fire Department.
Petitions to the Groundwater Appeals Committee to exempt a facility should also
be filed with the City Clerk of the City. A hearing with the Groundwater Appeals
Committee will be held within 30 days of submission of the appeal or petition. A
decision by the Groundwater Appeals Committee will be made in writing within 30
days of the hearing.
SECTION 18: SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase
in this Ordinance, or any part thereof, or application thereof to any person,
firm, corporation, public agency or circumstance, is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity of effectiveness of
the remaining portions of this Ordinance or any part thereof. It is hereby
declared to be the legislative intent of the City Council that this Ordinance
would have been adopted had such unconstitutional or invalid provision, clause,
sentence, paragraph, section or part thereof not then been included.
SECTION 19: INCONSISTENT ORDINANCES REPEALED
All other Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
SECTION 20: SAVING CLAUSE
Nothing in this Ordinance hereby adopted shall be construed to affect any suit
or proceeding pending in any Court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing, under any act
or Ordinance hereby repealed as cited in Section 19 of this Ordinance.
SECTION 21: ENACTMENT
(a) This Ordinance is deemed necessary for the general health, safety and
welfare of the City of Pekin.
(b) Each section of this Ordinance and every part of each section of this
Ordinance is hereby declared to be an independent section and part of section
and the holding of any section or part thereof to be void and ineffective for
any cause, shall not be deemed to affect any other section or part thereof.
(c) This Ordinance is adopted in accordance with the powers granted to the City
of Pekin pursuant to its home rule powers under Article 7 of the Constitution of
the State of Illinois.
(d) This Ordinance shall be in full force and effect from and after its passage
and publication in pamphlet form according to law.
PASSED by the City Council of the City of Pekin, Illinois, at its meeting held
on the day of , 1995.
MAYOR
APPROVED this , day of , 1995
MAYOR
ATTEST:
CITY CLERK
EXHIBIT 1
REGULATED SUBSTANCES LIST
Acid and basic cleaning solutions
Antifreeze and Coolants
Arsenic and arsenic compounds
Bleaches, Peroxides
Brake and transmission fluids
Brine solution
Casting & Foundry chemicals
Caulking agents and sealants
Cleaning solvents
Corrosion and rust prevention solutions
Cutting fluids
Degreasing solvents
Disinfectants
Electroplating solutions
Explosives
Fire extinguishing chemicals
Food processing wastes
Formaldehyde
Fuels and additives
Gasolines
Glues, adhesives and resins
Greases
Hydraulic fluid
Indicators
Industrial and commercial janitorial supplies
Industrial sludges and stillbottoms
Inks, printing and photocopying chemicals
Laboratory chemicals
Liquid storage batteries
Medical, pharmaceutical, dental, veterinary and hospital solutions
Mercury and mercury compounds
Metals finishing solutions
Oils
Paints, primers, thinners, dyes, stains, wood preservatives, varnishing and
cleaning compounds
Painting solvents
PCB's
Plastic resins, plasticizers and catalysts
Photo development chemicals
Poisons
Polishes
Pool chemicals in concentrated form
Processed dust and particulates
Radioactive sources
Reagents and standards
Refrigerants
Roofing chemicals and sealers
Sanitizers, disinfectants, bactericides and algaecides
Soaps, detergents and surfactants
Solders and fluxes
Stripping compounds
Tanning industry chemicals
Transformer and capacitor oils/fluids
Water and wastewater treatment chemicals
EXHIBIT 3
"BEST MANAGEMENT PRACTICES" FOR THE CONSTRUCTION
INDUSTRY
A) The general contractor, or if none, the property owner, shall be responsible
for assuring that each contractor or subcontractor evaluates each site before
construction is initiated to determine if any site conditions may pose
particular problems for the handling of any Regulated Substances. For instance,
handling Regulated Substances in the proximity of a Groundwater Protection
Overlay Zone or water bodies may be improper.
B) If any Regulated Substances are stored on the construction site during the
construction process, they shall be stored in a location and manner which will
minimize any possible risk of release to the environment. Any storage container
of 55 gallons, (208 liters) or 440 pounds (200 kilograms), or more, containing
Regulated Substances shall have constructed below it an impervious containment
system constructed of materials of sufficient thickness, density and composition
that will prevent the discharge to the land, ground waters, or surface water, of
any pollutant which may emanate from said storage container or containers. Each
containment system shall be able to contain 150% of the contents of all storage
containers above the containment system.
C) Each contractor shall familiarize him/herself with the manufacturer's safety
data sheet supplied with each material containing a Regulated Substance and
shall be familiar with procedures required to contain and clean up any releases
of the Regulated Substance. Any tools or equipment necessary to accomplish same
shall be available in case of a release.
D) Upon completion of construction, all unused and waste Regulated Substances
and containment systems shall be removed from the construction site by the
responsible contractor, and shall be disposed of in a proper manner as
prescribed by law. |
