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TAZEWELL COUNTY 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 Recharge Area (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 Inconsistent Ordinances Repealed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. Minimum Setback Zones
Exhibit 2. Maximum Setback Zones
Exhibit 3. 5 Year Recharge Area
Exhibit 4. "Best Management Practices" for the Construction Industry
SECTION 1: TITLE
This Ordinance shall be hereinafter known as the "Groundwater Protection Area
Ordinance", may be cited as such, will be hereinafter referred to as "this
Ordinance".
SECTION 2: FINDINGS
The County of TAZEWELL finds that:
WHEREAS, the continued availability of a natural, uncontaminated supply of water
is an important and vital resource benefitting the residents of TAZEWELL County;
and
WHEREAS, it is in the best interest of the present and future residents of
TAZEWELL County, both economically and in regard to health, that steps be taken
to reduce the risk of contamination to the water supplies; and
WHEREAS, restricting the number of future potential sources of contamination to
the water supplies of the TAZEWELL County pursuant to the guidelines established
by this Ordinance and the Illinois Groundwater Protection Act is a reasonable
means by which to provide for a continued unpolluted source of water for the
residents of TAZEWELL County and surrounding areas; and
NOW, THEREFORE, BE IT ORDAINED by the TAZEWELL County Board, 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
Groundwater Protection Areas in TAZEWELL County. This Ordinance establishes
regulations for land uses within the Groundwater Protection Areas for:
inspection and monitoring standards for new chemical substance sources; uniform
standards for release reporting; emergency response; chemical substance
management planning; permit procedures; and enforcement. Nothing in this
ordinance shall in any way limit the authority of the State or of the United
States to implement existing or new regulations for the protection of
groundwater or surface water.
B. INTENT
It is the intent of this Ordinance to provide a method:
1. To protect the groundwater resources of TAZEWELL County and the surrounding
area.
2. To provide a means of regulating land uses within the Groundwater Protection
Areas.
3. To protect TAZEWELL County'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. ALL CAPITALIZED DEFINITIONS ARE STATUTORY.
A. "ACT" MEANS THE ILLINOIS ENVIRONMENTAL PROTECTION ACT (415 ILCS 5/1 ET SEQ.)
B. "AGENCY" MEANS THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY. [415 ILCS 5/1
3.01]
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. [35
ILL. ADM. CODE 620.110]
D. "BOARD" MEANS THE ILLINOIS POLLUTION CONTROL BOARD. [415 ILCS 5/1 3.04]
E. "County" means the County of TAZEWELL.
G. "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.
8. "CHEMICAL SUBSTANCE" MEANS ANY "EXTREMELY HAZARDOUS SUBSTANCE" LISTED IN
APPENDIX A OF 40 C.F.R. PART 355 THAT IS PRESENT AT A FACILITY IN AN AMOUNT IN
EXCESS OF ITS THRESHOLD PLANNING QUANTITY, ANY "HAZARDOUS SUBSTANCE" LISTED IN
40 C.F.R. SECTION 302.4 THAT IS PRESENT AT A FACILITY IN AN AMOUNT IN EXCESS OF
ITS REPORTABLE QUANTITY OR IN EXCESS OF ITS THRESHOLD PLANNING QUANTITY IF IT IS
ALSO AN "EXTREMELY HAZARDOUS SUBSTANCE", AND ANY PETROLEUM INCLUDING CRUDE OIL
OR ANY FRACTION THEREOF THAT IS PRESENT AT A FACILITY IN AN AMOUNT EXCEEDING 100
POUNDS UNLESS IT IS SPECIFICALLY LISTED AS A "HAZARDOUS SUBSTANCE" OR AN
"EXTREMELY HAZARDOUS SUBSTANCE". "CHEMICAL SUBSTANCE DOES NOT MEAN ANY SUBSTANCE
TO THE EXTENT IT IS USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, OR TO THE
EXTENT IT IS PRESENT IN THE SAME FORM AS A PRODUCT PACKAGED FOR DISTRIBUTION TO
AND USE BY THE GENERAL PUBLIC. Chemical substance does not mean agricultural
chemicals and petroleum utilized at a farm or farm residence for the purpose of
agricultural production. [430 ILCS 45/3]
1. "Chemical Substance Source of Groundwater Contamination", hereafter refered
to as a chemical substance source, means a unit at a facility or site that
stores or accumulates more than two-hundred fifty (250) pounds or more of
aggregate quantities of chemical substances or if in liquid form thirty (30)
gallons or more aggregate quantities during any calendar year.
J. "FACILITY" MEANS THE BUILDINGS AND ALL REAL PROPERTY CONTIGUOUS THERETO, AND
THE EQUIPMENT AT A SINGLE LOCATION USED FOR THE CONDUCT OF BUSINESS [430 ILCS
45/3].
K. "FARM RESIDENCE" MEANS ANY RESIDENCE ON A FARM OWNED OR OCCUPIED BY THE FARM
OWNERS, OPERATORS, TENANTS, OR SEASONAL OR YEAR-ROUND HIRED WORKERS. FOR
PURPOSES OF THIS DEFINITION, A "FARM" IS THE LAND, BUILDINGS, AND MACHINERY USED
IN THE COMMERCIAL PRODUCTION OF FARM PRODUCTS, AND "FARM PRODUCTS" ARE THOSE
PLANTS AND ANIMALS AND THERE PRODUCTS WHICH ARE PRODUCED OR RAISED FOR
COMMERCIAL PURPOSES AND INCLUDE BUT ARE NOT LIMITED TO FORAGES AND SOD CROPS,
GRAINS AND FEED CROPS , DAIRY AND DAIRY PRODUCTS, POULTRY AND POULTRY PRODUCTS,
LIVESTOCK, FRUITS, VEGETABLES, FLOWERS, SEEDS, GRASSES, TREES, FISH, HONEY AND
OTHER SIMILAR PRODUCTS, OR ANY OTHER PLANT OR ANIMAL PRODUCT WHICH SUPPLIES
PEOPLE WITH FOOD, FEED, FIBER OR FUR [510 ILCS 77/10.23].
L. "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. [415 ILCS 5/1 3.64]
M.. "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.
N. "Groundwater Protection Area Permit" means an authorization by the County for
a person to store, handle, use or produce a chemical substance sources within a
GWPA.
O. "Groundwater Protection Committee" means a committee appointed by the County
Board which reviews materials to determine compliance with this Ordinance. Said
Committee shall consist of a representative from the Planning and Zoning
Department, a representative from the Health Department, and the inspector as
designated by the County Board.
P. "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
attached exhibits.
1. Zone 1: Minimum Setback Zone - A radial area of 200 or 400 feet (as
established in Exhibit 1) around a community water supply or a radial area of
200 feet around a non-community or private potable water supply well.
2. Zone 2: Maximum Setback Zone - A regular or irregularly shaped area not to
exceed 1,000 feet from the well head of a community water supply (as established
in Exhibit 2), but excluding the minimum setback zone.
3. Zone 3: 5-Year Recharge Area - The geographic area located between a well or
wellfield providing potable water to a community water supply and the outer
boundary of the 5-year recharge area but excluding zones 1 and 2. Copies of
these 5 year delineations are on file with the Tazewell County Zoning Department
as required by this Ordinance.
17. "New Chemical Substance Source of Groundwater Contamination", hereafter
refered to as a new chemical substance source, means:
A Chemical Substance Source which is not in existence or for which construction
has not commenced at its location as of the date the related groundwater
protection area is established by this ordinance;
A Chemical Substance Source which expands laterally beyond the currently
permitted boundary or, if the chemical substance source is not permitted, the
boundary in existence as of the date the related groundwater protection area is
established by this ordinance; or
A Chemical Substance 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.
R. "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 the date the related
groundwater protection area is established by this ordinance; 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 the date the related groundwater protection area is established
by this ordinance; 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. [415 ILCS 5/3.59]
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.
S. "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 the date the related groundwater protection
area is established by this ordinance; 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 the date the related groundwater protection area is established by this
ordinance.
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. [415 ILCS 5/3.58]
T. "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 the date the related
groundwater protection area is established by this ordinance; 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 the date the related groundwater protection area is established
by this ordinance, 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. [415 ILCS 5/3.60]
U. "Operator" means any person in control of, or having responsibility for daily
operation of a facility.
V. "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 except for purposes of any financial liability imposed by this
ordinance, it shall not include a person who only owns the realty on which the
site, facility, or unit is located.
W. "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.
X. "Planning and Zoning Department" refers to the TAZEWELL County Planning and
Zoning Department.
Y. "POTABLE water" MEANS WATER THAT IS SATISFACTORY FOR DRINKING, CULINARY, AND
DOMESTIC PURPOSES MEETING CURRENTLY ACCEPTED WATER SUPPLY PRACTICES AND
PRINCIPALS. [415 ILCS 5/3.65]
Z. "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 ABOVE GROUND, OR
MORE THAN 7,500 POUNDS BELOW GROUND, OF ANY HAZARDOUS SUBSTANCES. [415 ILCS
5/3.59]
AA. "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. [415 ILCS 5/3.58]
BB. "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 BUT NOT MORE THAN
75,000 POUNDS ABOVE GROUND, OR MORE THAN 2,500 POUNDS BUT NOT MORE THAN 7,500
POUNDS BELOW GROUND, OF ANY HAZARDOUS SUBSTANCES; OR
(III) STORES OR ACCUMULATES AT ANY TIME MORE THAN 25,000 GALLONS ABOVE GROUND,
OR MORE THAN 500 GALLONS 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 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.". (415 ILCS 5/3.60)
CC. "Recharge area" means the area through which precipitation and surface water
can enter an aquifer.
DD. "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.
EE. "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.
[415 ILCS 5/3.61]
FF. "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. [415 ILCS 5/3.43]
GG. "Unauthorized Release" means any spilling, leaking, emitting, discharging,
escaping, leaching, or disposing of a chemical substance sources in a quantity
greater than 1 gallon from a facility into a containment device, 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.
HH. "Underlying Permit" includes the Building Permits, Septic Permits, Erosion,
Sediment, and Storm Water Control Permit, Entry Access Permit, and Well Permits
required by the County.
II. "UNIT" MEANS ANY DEVICE, MECHANISM, EQUIPMENT, OR AREA (EXCLUSIVE OF LAND
UTILIZED ONLY FOR AGRICULTURAL PRODUCTION). [415 ILCS 5/3.62]
JJ. "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.
[415 ILCS 920.10]
KK. "Well Field" means an area which contains one or more wells for obtaining a
potable water supply.
SECTION 5: ESTABLISHMENT OF SETBACK ZONES AND RECHARGE AREAS
A. Zone 1: Minimum Setback Zone
This ordinance incorporates Section 14.2 of Illinois Environmental Protection
Act which provides for the establishment of a 200 feet minimum setback zone for
potable water supply wells, or 400 feet for more vulnerable types of permitted
or existing community water supply wells. To facilitate the implementation of
the siting prohibitions for community water supply wells located within the
jurisdiction of the Planning and Zoning Department, a minimum setback zone (zone
1) is hereby adopted for each community water supply well designated in the
attached Exhibit 1 (see column headed "Setback") as determined by the Illinois
Environmental Protection Agency.
B. Zone 2 - Maximum Setback Zone
This ordinance incorporates Section 14.3 of the Illinois Environmental
Protection Act which provides the authority for any county or municipality
served by a community water supply well to adopt a maximum setback zone.
Specific rules and guidelines for the establishment of maximum setback zone
protection for community water supply wells are provided in the publication
entitled "Maximum Setback Zone Workbook, Community Water Supply Groundwater
Quality Protection", July 1990, available from the Planning and Zoning
Department. A maximum setback zone (zone 2), as designated by Exhibit 2, is
hereby adopted for each community water supply well listed in Exhibit 2.
C. Zone 3 - 5-Year Recharge Area
TAZEWELL County hereby recognizes that certain communities have provided for
groundwater modeling studies to delineate
time-of-travel recharge areas for their community water supply well(s). To
assure consistency in the quality of the modeling studies, the minimum
time-of-travel requirements are provided in the publication entitled,"Guidance
Document for Groundwater Protection Needs Assessments", January, 1995, available
from the Planning and Zoning Department. Communities utilizing this subsection
of the Ordinance must provide the Planning and Zoning Department a technical
completeness determination document signed by the Agency to assure that minimum
standards for delineation are met. A 5-year recharge area (zone 3) is hereby
adopted for each groundwater recharge area delineation map set forth in in
Exhibit 3. A copy of each such map shall be on file with the Tazewell County
Planning and Zoning Department.
D. Intergovernmental Agreements
Where the 1000 foot boundary of the maximum setback zone and/or the 5 year
recharge area encompasses county and municipal boundaries, the County may enter
into intergovernmental agreements with local units of governments, including
Water Districts, to affect a common ordinance protecting the community water
supply in question. Pursuant to formal agreements with other responsible units
of government, the County may delegate and share permitting, inspection and
enforcement authority as specified in such agreements.
SECTION 6: APPLICABILITY
A. The owners and operators of existing or new potential primary sources,
existing or new potential secondary sources, or new chemical substance sources
in a Groundwater Protection Area (GWPA) shall comply with this Ordinance. This
obligation shall be joint and several.
B. All new chemical substance sources within a Groundwater Protection Area must
comply with this Ordinance prior to issuance of any underlying permits.
C. If the County Code Enforcement Officer determines that a facility, otherwise
exempt from the permit requirements of this Ordinance, after review from the
Groundwater Protection Committee, has a potential to degrade groundwater quality
at least equal in degree and probability to facilities not exempt, then the
County Code Enforcement Officer may determine it to be treated as a chemical
substance source, or pathway such as any 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, and require that owner or operator 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 to the
Tazewell County Zoning Board of Appeals.
D. The following are exempt from the permit requirements of this Ordinance:
1. The storage and handling of chemical substances for resale in their original
unopened containers of thirty (30) gallons or less if in liquid form or
two-hundred fifty (250) pounds or less.
2. De Minimus Usage of Chemical Substances: Facilities that use, store, or
handle chemical substances in two-hundred fifty (250) pounds aggregate
quantities or less or if in liquid form thirty (30) gallons or less aggregate
quantities during any calendar year.
3. Single family residences, duplexes, and apartment buildings provided that no
home business is operated on the premises.
4. Public interest emergency use and storage of chemical substances.
5. Fueling of equipment not licensed for street use, provided that such fueling
activities occur and utilize a containment device 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 chemical substances in Zones 1, 2, or 3 use those
applicable "Best Management Practices" set forth in Exhibit 4, 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. Petitions to exempt a new chemical substance source shall be filed in writing
with the Planning and Zoning Department. A conference may be held to determine
the need for review under Section 17 (b)(2). If review is deemed necessary by
the Groundwater Protection Committee, the committee with agreement from the
applicant shall make arrangements with the Agency to assist in the review. A
decision by the committee will be made within 30 days after receiving report
from the agency. A fee will be assessed to cover the administrative expenses of
the Groundwater Protection Committee. The Groundwater Protection Committee shall
hear petitions to exempt a facility from Section 7 of this Ordinance as follows:
1. The applicant may demonstrate that the 5-year recharge area(s) map
incorrectly identify the new chemical substance source 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 chemical substances list does not endanger the GWPA in the
event of an unauthorized release. Review of the technical information shall be
conducted by appropriate agencies of the State of Illinois. The review shall be
coordinated by the Groundwater Protection Committee and may include the use of
specialized consultants. The Groundwater Protection Committee shall base its
recommendations in part on the report supplied by the agency.
3. The applicant may demonstrate that the new chemical substance source does not
fall within the 5-year recharge area even though it falls within the maximum
setback zone within the county.
G. Any action by the Agency or Board referred to in this section shall not be
final and binding on the County under this Ordinance until the County 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 shall install or operate a new chemical substance source in a GWPA
without first obtaining a Groundwater Protection Operating Permit from the
Planning and Zoning Department.
2. The focus of review for all permits shall be on the chemical 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. An Operating Permit shall not be issued for a new chemical substance source
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 or 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 County 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 new chemical substance source
in a single zone of the (GWPA) shall have the option of obtaining one permit for
all operations if the operations at each chemical substance source are similar
and the permit requirements under this Ordinance are applicable to each chemical
substance source individually.
7. An Operating Permit shall be effective for 1 year. Zoning shall not issue a
permit to operate a new chemical substance source until the Groundwater
Protection Committee determines that the chemical substance source complies with
the provisions of these regulations.
8. The new chemical substance source owner shall apply to the County for permit
renewal at least 60 days prior to the expiration of the permit. If an inspection
of the new chemical substance source reveals noncompliance, then the Groundwater
Protection Committee 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 owner/operator of a new
chemical substance source if the new chemical substance source owner/operator
does not change any conditions of the permit, the transfer is registered with
the County 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 County, the
Operating Permit holder shall file with the County a plan and time schedule to
implement any required modifications to the chemical substance source 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 requirements of the Groundwater Protection Committee.
B. PERMIT APPLICATIONS
1. The Operating Permit application shall include at a minimum:
a. Name, address, and phone number of owner and the operator.
b. Property address, legal description and property tax identification number(s)
of the facility including copies of all leases pertaining to the facility.
c. The names and volumes of all chemical substances which are stored, handled,
treated, used, or produced at the new chemical substance source being permitted
as specified in Section 6 of this Ordinance.
d. A detailed description of the activities conducted at the new chemical
substance source that involve the storage, handling, treatment, use or
production of chemical 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 chemical substances Management Plan as described in Subsection B(2) of this
Section for the new chemical substance source.
g. A description of the procedures for inspection and maintenance of containment
devices.
h. A description of the method for disposal of chemical substances.
i. Ten copies of a site plan showing the location of the chemical substance
source and its property boundaries and the locations where new chemical
substances in containers larger than five (5) gallons or forty (40) pounds in
size are stored, handled, treated, used, or produced, and the location of each
containment device.
2. CONDITIONS FOR GWPA PERMITS ISSUED TO NEW CHEMICAL SUBSTANCE SOURCES
a) Containment Devices
1) The owner/operator of a new chemical substance source must construct or use
pre-fabricated containment devices adequate in size to contain on-site any
unauthorized release of chemical 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 chemical 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 chemical
substance sources 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 chemical substance.
v. Containment devices shall include monitoring procedures or technology capable
of detecting the presence of a chemical substance within 24 hours following a
release.
b. Chemical Management Plan
1.) CHEMICAL SUBSTANCE MANAGEMENT PLAN
a. A Chemical Substances Management Plan indicating procedures to be followed to
prevent, control, collect, and dispose of any unauthorized release of a chemical
substance shall be required as a condition of each Operating Permit. If a spill
prevention control plan or similar contingency plans have been prepared in
accordance with Illinois or United States Environmental Protection Agency
requirements, a Chemical Substance Sources Management Plan is not required as
long as all of the chemical substances are included in the spill prevention
control plan.
b. The Chemical Substance Management Plan shall include:
1. A brief description of the manner in which the on-site chemical substances
are stored and used;
1. a potential release assessment and the response procedures to be followed at
the chemical substance source for notifying local emergency response agencies;
and
2. any management measures that are employed to reduce the potential for
releases.
C. REPORTING
The permittee shall report to the Planning and Zoning Office 15 days after any
changes in a chemical substance source including:
1. The storage, handling, treatment, use, or processing of new chemical
substances;
2. Changes in monitoring procedures; or
3. The replacement or repair of any part of a chemical substance source that is
related to the chemical substance(s).
SECTION 8: GROUNDWATER PROTECTION OVERLAY ZONES
A. The location of Groundwater Protection Areas in the County are defined in
Exhibits 1, 2, and 3 to this Ordinance. Groundwater Protection Area maps shall
be placed on file with the Department of Zoning and Health Dept.
B. In determining the location of facilities within the zones defined by
Exhibits 1, 2, and 3, the following rule shall apply.
1. Chemical substance sources located wholly within a GWPA zone shall be
governed by the restriction applicable to that zone.
2. Chemical substance sources having parts lying within more than one zone of a
GWPA shall be governed by the restrictions applicable to the more restrictive
zone.
3. Chemical substance sources 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 County.
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 new potential source or route within
a minimum setback zone.
B. REVIEW AND APPROVAL OF PROPOSED ACTIVITIES
1. Prior to issuance of any underlying permit(s), all potential new chemical
substance sources locating within the minimum setback zone (Zone 1) must be
reviewed by the Groundwater Protection Committee for compliance with this
Ordinance including obtaining a Groundwater Protection Permit pursuant to this
Ordinance.
2. No groundwater operating permit shall be issued unless a finding is made by
the Groundwater Protection Committee 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 chemical
substance source; chemical substances stored, handled, treated, used or
produced; and the potential for the activities or chemical 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 Agency
permitted central sanitary sewer system if available prior to occupancy as
required by the Tazewell County Sanitary Health Ordinance.
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 County.
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 new
potential source or route within a maximum setback zone.
B. REVIEW AND APPROVAL OF PROPOSED ACTIVITIES
1. All proposals for new chemical substance sources which use, store, handle,
treat or produce a chemical substance within the maximum setback zone (Zone 2)
must be reviewed by the Groundwater Protection Committee 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 Groundwater Protection Committee 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 chemical
substance source; chemical substances stored, handled, treated, used or
produced; and the potential for the activities or chemical 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 Agency
permitted central sanitary sewer system prior to occupancy if available as
required by the Tazewell County Sanitary Health Ordinance.
SECTION 11: REGULATIONS WHICH APPLY WITHIN THE 5-YEAR CAPTURE ZONE (ZONE 3) OF
THE GWPA
A. All proposals for new chemical substance sources within the 5-year Capture
zone (Zone 3) must be reviewed by the Groundwater Protection Committee for
compliance with this Ordinance including obtaining a Groundwater Protection
Permit pursuant to this Ordinance, prior to issuance of any underlying permit.
B. No groundwater operating permit shall be issued unless a finding is made by
the Groundwater Protection Committee 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 chemical
substance source; chemical substances stored, handled, treated, used or
produced; and the potential for the activities or chemical substances to degrade
groundwater quality.
C. New sources of sanitary sewerage (residential and non-residential) shall, as
a condition of the building permit, be required to connect to an Agency
permitted central sanitary sewer system prior to occupancy if available as
required by the Tazewell County Sanitary Health Ordinance.
SECTION 12: UNAUTHORIZED RELEASES
A. GENERAL PROVISIONS
All unauthorized releases shall be reported to the Emergency Services and
Disaster Agency 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." Reporting a release to the Emergency Services and
Disaster Agency does not exempt or preempt any other reporting requirements
under federal, state, or local laws.
B. UNAUTHORIZED RELEASES REQUIRING RECORDING
1. Unauthorized releases requiring recording shall be reported to the Emergency
Services and Disaster Agency 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 chemical substance s released.
b. Method of cleanup.
c. Method and location of disposal of the released chemical 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. Chemical substance source operator's name and telephone number.
3. The Emergency Services and Disaster Agency shall review the information
submitted pursuant to the report of an unauthorized release requiring recording,
shall review the Operating Permit, and may inspect the chemical substance
source. The Emergency Services and Disaster Agency shall either find that the
containment standards of this Ordinance can continue to be achieved or shall
recommend the revocation of the permit to the Groundwater Protection Committee
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
Emergency Services and Disaster Agency 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 chemical substance s 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 chemical substance sources
and any contaminated soils, groundwater, or surface water.
e. Proposed method of repair or replacement of the containment device.
f. Chemical substance source 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
Emergency Services and Disaster Agency every month or at a more frequent
interval specified by the inspector.
4. The Emergency Services and Disaster Agency 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. VIOLATION OF PERMIT CONDITIONS
Upon confirmation of an unauthorized release to groundwater, the owner and
operator shall be responsible for immediately accomplishing the following:
1. Locate and determine the source of the unauthorized release of the chemical
substance(s).
2. Stop and prevent any further unauthorized release(s).
3. Comply with the requirements for an unauthorized release(s) requiring
reporting.
4. No new chemical substance(s) may be introduced at the site of the chemical
substance(s) that caused the violation.
5. If an unauthorized release creates or is expected to create an emergency
situation with respect to the drinking water supply of the County or a public
water supply well within 1000 feet (305 meters) of the County, and if the
chemical substance source owner fails to address the unauthorized release within
12 hours, the County 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
chemical substance source owner and operator jointly and severally shall be
responsible for any costs incurred by the County or its authorized agents in the
conduct of such remedial actions, including but not limited to all consultant,
engineering and attorney fees.
SECTION 13: CLOSURE PERMITS AND PERMIT CONDITIONS
A. No person shall close or cause to be closed a new chemical substance source
regulated pursuant to this Ordinance without first obtaining a Closure Permit
from the Planning and Zoning Office. A permit shall not be issued to temporarily
or permanently close a chemical substance source 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 chemical substance sources that
cease to store, handle, treat, use, or produce chemical 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 chemical substance sources storage, handling,
treatment, use, or production, and actual completion of chemical substance
source closure, the applicable containment and monitoring requirements of this
Ordinance shall continue to apply.
C. Prior to closure, the chemical substance source owner shall submit to the
Planning and Zoning Office a proposal describing how the owner intends to comply
with closure requirements. Owners proposing to close a chemical substance source
shall comply with the following requirements:
1. Chemical substances shall be removed from the chemical substance source,
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 Planning and Zoning Office 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 County.
D. The owner of a chemical substance source being closed shall demonstrate to
the satisfaction of the Groundwater Protection Committee 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 subsequent to
closure, the last chemical substance source owner and/or operator holding the
permit shall comply with Section 12 of this Ordinance and be subject to Section
14 and 15 of this Ordinance, in addition to requirements applicable under State
and Federal law..
F. Chemical substance source closure will be accepted as complete by the
Groundwater Protection Committee 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 chemical substance
source 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 County and shall be accompanied by a fee of two
hundred dollars ($200).
I. Any person who owns or operates more than one chemical substance source in a
single zone of the (GWPA) shall have the option of obtaining one permit for all
simultaneous closures if the operations at each chemical substance source are
similar and the permit requirements under this Ordinance are applicable to each
chemical substance source 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
chemical substance source.
C. In addition to any fines and penalties set forth above, the owner or operator
shall reimburse the County, 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 chemical substance sources including but not
limited to consultant, engineering and legal fees.
SECTION 15: ENFORCEMENT
A. The County shall be the administering agency and shall have the power and
authority to administer and enforce the provisions of this Ordinance. The County
shall have the right to conduct inspections of chemical substance sources at
reasonable times to determine compliance with this Ordinance.
B. The Planning and Zoning Office 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 Groundwater Protection Committee 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 County 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
All appeals shall be made to the TAZEWELL County Zoning Board of Appeals.
A. Any decision by the inspector under this Ordinance may be appealed to the
TAZEWELL County Zoning Board of Appeals.
B. Procedures: Appeals to the TAZEWELL County Zoning Board of Appeals take place
by filing an appeal in writing with the Planning and Zoning Department within 15
days after receipt of a decision in writing from the inspector. A hearing with
the TAZEWELL County Zoning Board of Appeals will be held within 60 days of
submission of the appeal or petition.
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 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 County Board 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 County.
(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
County 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. Review Groundwater Protection
Area Ordinance in the year 2005.
EXHIBIT 4
"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 Chemical Substances. For instance,
handling chemical substance s in the proximity of a Groundwater Protection
Overlay Zone or water bodies may be improper.
B) If any chemical 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
chemical substance s 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 chemical substance sources
and shall be familiar with procedures required to contain and clean up any
releases of the Chemical 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 chemical 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.
TAZEWELL COUNTY GROUNDWATER PROTECTION AREA ORDINANCE
April 1998
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