Section 618.100  Purpose and Applicability

 

a)         This Part is established in the interest of securing the public health, safety, and welfare; to preserve the quality and quantity of groundwater resources in order to assure a safe and adequate water supply for present and future generations; and to preserve groundwater resources currently in use and those aquifers having a potential for future use as a public water supply. 

 

b)         The provisions of this Part apply to all properties located wholly or partially within a maximum setback zone established under Section 14.3(d) of the Act and this Part.

 

(Source:  Amended at 36 Ill. Reg. 10042, effective June 27, 2012)

 

Section 618.105  Definitions

 

a)         Unless specified otherwise, all terms have the meanings set forth in the Illinois Environmental Protection Act [415 ILCS 5], the Illinois Groundwater Protection Act [415 ILCS 55], and 35 Ill. Adm. Code 671.

 

b)         For the purposes of this Part, the following definitions apply:

 

"Act" means the Illinois Environmental Protection Act [415 ILCS 5].

 

"Agency" means the Illinois Environmental Protection Agency.

 

"Board" means the Illinois Pollution Control Board.

 

"Facility" means the buildings and all real property contiguous to the buildings, and the equipment at a single location used for the conduct of business [430 ILCS 45/3].

 

"New Potential Primary Source" means:

 

a potential primary source which is not in existence or for which construction has not commenced at its location as of January 1, 1988; or

 

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 January 1, 1988; or

 

a potential primary source which is part of a facility that undergoes major reconstruction.  Reconstruction is considered to have taken place if the fixed capital cost of the new components, constructed within a 2-year period, exceeds 50% of the fixed capital cost of a comparable entirely new facility [415 ILCS 5/3.345].

 

"New Potential Route" means:

 

a potential route which is not in existence or for which construction has not commenced at its location as of January 1,1988; or

 

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 January 1, 1988 [415 ILCS 5/3.350].

 

"New Potential Secondary Source":

 

means a potential secondary source which:

 

is not in existence or for which construction has not commenced at its location as of July 1, 1988; or

 

expands laterally beyond the currently permitted boundary or, if the secondary source is not permitted, the boundary in existence as of July 1, 1988, other than an expansion for handling of livestock waste or for treating domestic wastewaters; or

 

is part of a facility that undergoes major reconstruction.  Reconstruction is considered to have taken place if the fixed capital cost of the new components, constructed within a 2-year period, exceeds 50% of the fixed capital cost of a comparable entirely new facility [415 ILCS 5/3.355]; but

 

excludes an agrichemical facility that modifies on-site storage capacity such that the volume of the pesticide storage does not exceed 125% of the available capacity in existence on April 1, 1990, or the volume of fertilizer storage does not exceed 150% of the available capacity in existence on April 1, 1990; if a written endorsement for an agrichemical facility permit is in effect under Section 39.4 of the Act and the maximum feasible setback is maintained.  This on-site storage capacity includes mini-bulk pesticides, package agrichemical storage areas, liquid or dry fertilizers, and liquid or dry pesticides. [415 ILCS 5/14.2(g)(4)]

 

"Potential Primary Source" means any unit at a facility or site not currently subject to a removal or remedial action which:

 

is utilized for the treatment, storage, or disposal of any hazardous or special waste not generated at the site; or

 

is utilized for the disposal of municipal waste not generated at the site, other than landscape waste and construction and demolition debris; or

 

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

 

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 5/3.345].

 

"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 5/3.350].

 

"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:

 

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

 

stores or accumulates at any time more than 25,000 but not more than 75,000 pounds above ground, or more than 2,500 but not more than 7,500 pounds below ground, of any hazardous substances; or

 

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

 

stores or accumulates pesticides, fertilizers, or road oils for purposes of commercial application or for distribution to retail sales outlets; or

 

stores or accumulates at any time more than 50,000 pounds of any de-icing agent; or

 

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 5/3.355].

 

"Setback zone" means a geographic area, designated pursuant to the Act, 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 5/3.450].

 

"Site" means any location, place, tract of land, and facilities, including buildings, and improvements used for purposes subject to regulation or control by the Act or regulations thereunder [415 ILCS 5/3.460].

 

"Unit" means any device, mechanism, equipment, or area (exclusive of land utilized only for agricultural production).  This term includes secondary containment structures and their contents at agrichemical facilities. [415 ILCS 5/3.515]

 

"Unit boundary" means a line at the land's surface circumscribing the area on which, above which, or below which waste, pesticides, fertilizers, road oils or de-icing agents will be placed during the active life of the facility.  The space taken up by any liner, dike or other barrier designed to contain waste, pesticides, fertilizer, road oils, or de-icing agents falls within the unit boundary.

 

(Source:  Amended at 47 Ill. Reg. 7708, effective May 16, 2023)

 

Section 618.110  Regulated Activities, Facilities, or Units

 

All new or existing activities, facilities, or units located wholly or partially in any maximum setback zone created by this Part are subject to the groundwater requirements in Section 14.4 of the Act and any Board rules promulgated under Section 14.4 of the Act, including 35 Ill. Adm. Code 615 and 616.

 

(Source:  Amended at 47 Ill. Reg. 7708, effective May 16, 2023)

 

Section 618.115  Prohibitions

 

New potential primary sources of groundwater contamination are prohibited from locating wholly or partially within any maximum setback zone established under Section 14.3 of the Act or this Part.

 

(Source:  Added at 36 Ill. Reg. 10042, effective June 27, 2012)

 

Section 618.200  Purpose

 

This Subpart describes maximum setback zones for individual community water supply wells in the interest of securing the public health, safety, and welfare; to preserve the quality and quantity of groundwater resources in order to assure a safe and adequate water supply for present and future generations; and to preserve groundwater resources currently in use and those aquifers having a potential for future use as a public water supply. 

 

(Source:  Amended at 47 Ill. Reg. 7708, effective May 16, 2023)

 

Section 618.205  Marquette Heights' Maximum Setback Zone

 

The Marquette Heights' maximum setback zone is established as delineated in Appendix A.

 

(Source:  Amended at 47 Ill. Reg. 7708, effective May 16, 2023)

 

Section 618.210  Fayette Water Company's Maximum Setback Zone

 

The Fayette Water Company's maximum setback zone is established as delineated in Appendix B.

 

(Source:  Amended at 47 Ill. Reg. 7708, effective May 16, 2023)

Section 618.APPENDIX A:   Boundaries of Marquette Heights' Maximum Setback Zone

 

Section 618.APPENDIX B   Boundaries of Fayette Water Company's Maximum Setback Zone

 

 

 

 

 

 

MAXIMUM SETBACK ZONE FAYETTE WATER COMPANY (IL0510010) T8N R2E 3rd PRINCIPAL MERIDIAN
SECTION 31
Partially Contained			Wholly Contained
200 - 004			400 - 008
200 - 005
200 - 008
400 - 003
400 - 006
400 - 008
400 - 009
400 - 010
SECTION 32
Partially Contained			Wholly Contained
100 - 002			100 - 007
100 - 003
100 - 006
100 - 008
300 - 001
300 - 002
300 - 003
300 - 004
Legend
	•	Community Water Supply Wells
		CWS Wells Minimum Setback Zone
		Proposed Maximum Setback Zone
		Fayette County PINS
		Section Boundaries

 

 

SOURCE INFORMATION

 

Fayette County PINS obtained from the Fayette County Assessor's Office. Aerial photography obtained from Microsoft's Virtual Earth. Minimum and Maximum Setback zones, and CWS wells maintained by, and map compiled and created by the Illinois EPA, Division of Water Supplies, Groundwater Section.

 

(Source:  Added at 36 Ill. Reg. 10042, effective June 27, 2012)