415 ILCS 5/14.2
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title IV - Public Water Supplies

 (from Ch. 111 1/2, par. 1014.2)Sec. 14.2.     New potential source or route; minimum setback zone.     A minimum setback zone is established for the location of  each new potential source or new potential route as follows:(a) Except as provided in subsections (b), (c) and (h) of this Section, no  new potential route or potential primary source or potential secondary  source may be placed within 200 feet of any existing or permitted community  water supply well or other potable water supply well.(b) The owner of a new potential primary source or a potential secondary  source or a potential route may secure a waiver from the requirement of  subsection (a) of this Section for a potable water supply well other than a  community water supply well.  A written request for a waiver shall be made  to the owner of the water well and the Agency. Such request shall identify  the new or proposed potential source or potential route, shall generally  describe the possible effect of such potential source or potential route  upon the water well and any applicable technology-based controls which will  be utilized to minimize the potential for contamination, and shall state  whether, and under what conditions, the requestor will provide an  alternative potable water supply.  Waiver may be granted by the owner of  the water well no less than 90 days after receipt of the request unless  prior to such time the Agency notifies the well owner that it does not  concur with the request.The Agency shall not concur with any such request which fails to accurately  describe reasonably foreseeable effects of the potential source or potential  route upon the water well or any applicable technology-based controls.  Such  notification by the Agency shall be in writing, and shall include a statement  of reasons for the nonconcurrence. Waiver of the minimum  setback zone established under subsection (a) of this Section shall  extinguish the water well owner's rights under Section 6b of the Illinois  Water Well Construction Code but shall not preclude enforcement of any law  regarding water pollution.  If the owner of the water well has not granted a  waiver within 120 days after receipt of the request or the Agency has  notified the owner that it does not concur with the request, the owner of  a potential source or potential route may file a petition for an exception  with the Board and the Agency pursuant to subsection (c) of this Section.No waiver under this Section is required where the potable water supply  well is part of a private water system as defined in the Illinois  Groundwater Protection Act, and the owner of such well will also be the  owner of a new potential secondary source or a  potential route.  In such instances, a prohibition of 75 feet shall apply  and the owner shall notify the Agency of the intended action so that the  Agency may provide information regarding the potential hazards associated  with location of a potential secondary source or potential route in close  proximity to a potable water supply well.(c) The Board may grant an exception from the setback requirements of  this Section and subsection (e) of Section 14.3 to the owner of a new  potential route, a new potential primary source other than landfilling or land  treating, or a new potential secondary source.  The owner seeking an exception  with respect to a community water supply well shall file a petition with the  Board and the Agency. The owner seeking an exception with respect to a potable  water supply well other than a community water supply well shall file a  petition with the Board and the Agency, and set forth therein the circumstances  under which a waiver has been sought but not obtained pursuant to subsection  (b) of this Section.  A petition shall be accompanied by proof that the owner  of each potable water supply well for which setback requirements would be  affected by the requested exception has been notified and been provided with a  copy of the petition.  A petition shall set forth such facts as may be required  to support an exception, including a general description of the potential  impacts of such potential source or potential route upon groundwaters and the  affected water well, and an explanation of the applicable technology-based  controls which will be utilized to minimize the potential for contamination of  the potable water supply well.The Board shall grant an exception, whenever it is found upon presentation of  adequate proof, that compliance with the setback requirements of this Section  would pose an arbitrary and unreasonable hardship upon the petitioner, that the  petitioner will utilize the best available technology controls economically  achievable to minimize the likelihood of contamination of the potable water  supply well, that the maximum feasible alternative setback will be utilized,  and that the location of such potential source or potential route will not  constitute a significant hazard to the potable water supply well.The Board shall adopt procedural rules  governing requests for exceptions under this subsection.  The rulemaking  provisions of Title VII of this Act and of Section 5-35 of the Illinois  Administrative Procedure Act shall not apply to such rules.  A decision  made by the Board pursuant to this subsection shall constitute a final  determination.The granting of an exception by the Board shall not extinguish the water well  owner's rights under Section 6b of the Illinois Water Well Construction Code in  instances where the owner has elected not to provide a waiver pursuant to  subsection (b) of this Section.(d) Except as provided in subsections (c) and (h) of this Section and  Section 14.5, no new potential route or potential primary source or potential  secondary source may be placed within 400 feet of any existing or permitted  community water supply well deriving water from an unconfined shallow fractured  or highly permeable bedrock formation or from an unconsolidated and unconfined  sand and gravel formation.  The Agency shall notify the owner and operator of each well which is afforded  this setback protection and shall maintain a directory of all community water  supply wells to which the 400 foot minimum setback zone applies.(e) The minimum setback zones established under subsections (a) and (b)  of this Section shall not apply to new common sources of sanitary pollution  as specified pursuant to Section 17 and the regulations adopted thereunder  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.(f) Nothing in this Section shall be construed as limiting the power of  any county or municipality to adopt ordinances which are consistent with  but not more stringent than the prohibitions herein.(g) Nothing in this Section shall preclude any arrangement under which  the owner or operator of a new source or route does the following:(1) purchases an existing water supply well and     attendant property with the intent of eventually abandoning or totally removing the well;(2) replaces an existing water supply well with a new     water supply of substantially equivalent quality and quantity as a precondition to locating or constructing such source or route;(3) implements any other arrangement which is     mutually agreeable with the owner of a water supply well; or(4) modifies the on-site storage capacity at an     agrichemical facility such that the volume of 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; provided that a written endorsement for an agrichemical facility permit is in effect under Section 39.4 of this 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.(h) A new potential route, which is an excavation for stone, sand or  gravel and which becomes active on lands which were acquired or were being  held as mineral reserves prior to September 24, 1987, shall only be subject  to the setback requirements of subsections (a) and (d) of this Section with  respect to any community water supply well, non-community water system well,  or semi-private water system well in existence prior to January 1, 1988.    (Source: P.A. 92-574, eff. 6-26-02.)