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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 Inconsistent Ordinances Repealed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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