Pursuant to the authority conferred by Ill. Comp. Stat. 1992, Ch. 65, par. 5/11-125-4 [(65 ILCS 5/11-125-4); Ill. Comp. Stat. 1992, Ch. 415, par. 5/14.2 and 5/14.3 [415 ILCS 5/14.2 and 415 ILCS 5/14.3]; and in the interest of securing the public health, safety, and welfare; to preserve the quality and quantity of groundwater resources in order to assure a safe and adequate water supply for present and future generations; and to preserve groundwater resources currently in use and those aquifers having a potential for future use as a public water supply, the provisions of this ordinance shall apply to all properties located within the minimum setback zone for North Park PWD Well #2 (IEPA 11691), #3 (IEPA 11692), #4 (IEPA 11693), and #5 (IEPA 11694), established under section 14.2 of the Environmental Protection Act (Ill. Comp. Stat. 1992, Ch. 415, par. 5/14.2) [415 ILCS 5/14.2] and this ordinance, and the maximum setback zone for North Park PWD Well #2 (IEPA 11691), #3 (IEPA 11692), #4 (IEPA 11693), and #5 (IEPA 11694), established under section 14.3 of the Environmental Protection Act (Ill. Comp. Stat. 1992, Ch. 415, par. 5/14.3) [415 ILCS 5/14.3] and this ordinance.

The groundwater protection overlay district shall appear on the official zoning map as an "overlay district" imposed on top of other districts created by the zoning ordinance. The designation of the groundwater protection overlay district on the official zoning map shall conform to the definitions of the minimum protection zone and maximum protection zone found in this ordinance and the Act, and identified by aerial photographs prepared as part of the Illinois Environmental Protection Agency's Facility Number 2015500 Well Site Survey Report. Development of properties in the groundwater protection overlay district must comply both with the regulations of the groundwater protection overlay district and with the regulations of the particular base district in which they are located. Where there is any conflict between the groundwater protection overlay district and the base district, the more restrictive district shall apply.

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 Environmental Protection Act (Ill. Comp. Stat. 1992, ch. 415, pars. 5/1 et seq.)[415 ILCS 5/1 et seq.] and the Illinois Groundwater Protection Act (Ill. Comp. Stat. 1992, Ch. 415, pars. 55/1 et seq.) [415 ILCS 55/1 et seq.]:

(1)

"Act" means the Environmental Protection Act (Ill. Comp. Stat. 1992, Ch. 415, pars. 5/1 et seq.)[415 ILCS 5/1 et seq.].

(2)

"Agency" means the Illinois Environmental Protection Agency.

(3)

"Board" means the Illinois Pollution Control Board.

(4)

"Commenced" means when all necessary federal, state and local approvals have been attained, and work at the site has been initiated and proceeds in a reasonably continuously manner to completion.

(5)

"Maximum setback zone" means the area around a community water supply well established under section 14.3 of the Act [415 ILCS 5/14.3] and this ordinance, which can be described as the 1,000-foot radial area around the designated wellhead.

(6)

"Minimum setback zone" means the area around a community water supply well established under Section 14.2 of the Act [415 ILCS 5/14.2] and this ordinance, which can be described as the 400-foot radial area around the designated wellhead.

(7)

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

(a)

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

(b)

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

(c)

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

(d)

Stores or accumulates at any time more than 75,000 pounds above ground or more than 7,500 pounds below ground, of any hazardous substance.

A new potential primary source is: 1) a potential primary which is not in existence or for which construction has not commenced at its location as of January 1, 1988; or 2) a potential primary source which expands laterally beyond the currently permitted boundary existence as of January 1, 1988; or 3) a potential primary source which is part of a facility that undergoes major reconstruction. Major reconstruction shall be deemed to have taken place where the fixed capital cost of the new components constructed within a two year period exceed 50 percent of the fixed capital cost of a comparable entirely new facility.

(8)

"Potential route" means abandoned and improperly plugged wells of all kinds, drainage wells, all injection wells, including closed loop heat pump wells, and any excavating for the discovery, development or production of stone, sand or gravel.

A new potential route is: 1) a potential route which is not in existence or for which construction has not commenced at its location as of January 1, 1988; or 2) 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.

(9)

"Potential secondary source" means any unit at a facility or site not currently subject to a removal or remedial action, other than a potential primary source, which:

(a)

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

(b)

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 substance; or

(c)

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

(d)

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

(e)

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

(f)

Is utilized for handling livestock waste or for treating domestic wastewaters other than private sewage disposal systems as defined in the Private Sewage Disposal Licensing Act [225 ILCS 225 et seq.].

A new potential secondary source is: 1) 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 2) a potential secondary source which expands laterally beyond the currently permitted boundary or, if the potential 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 wastewater; or 3) a potential secondary source which is part of a facility that undergoes major reconstruction. Major reconstruction shall be deemed to have taken place where the fixed capital cost of the new components constructed within a two-year period exceed 50 percent of the fixed capital cost of a comparable entirely new facility.

(10)

"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 ground waters.

(11)

Prohibitions.

(a)

Except as provided in sections 5 or 6, no person shall place a new potential primary source, new potential secondary source, or new potential route within the minimum setback zone.

(b)

Except as provided in section 5, no person shall place a new potential primary source within the maximum setback zone.

(12)

Waivers, exceptions, and certifications of minimal hazard.

(a)

If, pursuant to section 14.2(b) of the Act, the owner of a new potential primary source, new potential secondary source, or new potential route is granted a waiver by the agency, such owner shall be deemed to have a waiver to the same extent from section 4(a) of this ordinance.

(b)

If, pursuant to section 14.2(c) of the Act, the owner of a new potential primary source (other than landfilling or land treating), new potential secondary source, or new potential route is granted an exception by the board, such owner shall be deemed to have an exception to the same extent from section 4(a) of this ordinance.

(c)

If, pursuant to section 14.2(c) of the Act, the owner of a new potential primary source (other than landfilling or land treating) is granted an exception by the board, such owner shall be deemed to have an exception to the same extent from section 4(b) of this ordinance.

(d)

If, pursuant to section 14.5 of the Act, the owner of a new potential primary source, new potential secondary source, or new potential route is granted a certificate of minimal hazard by the agency, such owner shall not be subject to section 4(a) of this ordinance to the same extent that such owner is not subject to section 14.2(d) of the Act.

(13)

Exclusion. Section 4(a) of this ordinance shall not apply to new common sources of sanitary pollution as specified pursuant to section 17 of the Act and the regulations adopted there under by the agency; however, no such common sources may be located within the applicable minimum distance from a community water supply well specified by such regulations.