415 ILCS 5/14.3
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. 1014.3)Sec. 14.3.     Community water supply; maximum setback zone.     A maximum setback zone may be established for a community  water supply well as follows:(a) Owners of community water supplies which utilize any water well,  or any county or municipality served by any community water supply well,  may determine the lateral area of influence of the well  under normal operational conditions.  The Agency shall adopt procedures by  which such determinations may be made including, where appropriate, pumping  tests and estimation techniques.(b) Where the results of any determination made pursuant to subsection (a)  of  this Section disclose that the distance from the well to the outermost  boundary of the lateral area of influence of the well under normal operational  conditions exceeds the radius of the minimum setback zone established for  that well pursuant to Section 14.2, any county or municipality served by  such water supply may in writing request the Agency to review and confirm  the technical adequacy of such determination.  The Agency shall, within 90 days  of the request, notify the county or municipality whether the determination is  technically adequate for describing the outer boundary of drawdown of the  affected groundwater by the well under normal operational conditions.  Any  action by the Agency hereunder shall be in writing and shall constitute a final  determination of the Agency.(c) Upon receipt of Agency confirmation of the technical adequacy of  such determination, the county or municipality may,  after notice and opportunity for comment, adopt an ordinance setting forth  the location of each affected well and specifying the boundaries of a  maximum setback zone,  which boundaries may be irregular.  In no event, however, shall any portion  of such a boundary be in excess of 1,000 feet from the wellhead, except  as provided by subsection (f) of this Section.  Such ordinance shall include the area within the applicable minimum setback  zone and shall incorporate requirements which are consistent with but not  more stringent than the  prohibitions of this Act and the regulations promulgated by the Board under  Section 14.4, except as provided by subsection (f) of this Section.  Upon adoption, the county or municipality shall provide a copy of the  ordinance to the Agency.  Any county or municipality which fails to adopt  such an ordinance within 2 years of receipt of Agency confirmation of  technical adequacy may not proceed under the authority of this Section  without obtaining a new confirmation of the technical adequacy pursuant to  subsection (b) of this Section.(d) After July 1, 1989, and upon written notice to the county or  municipality, the Agency may propose to the Board a regulation  establishing a maximum setback zone for any well subject to this Section.  Such proposal shall be based upon all reasonably available hydrogeologic  information, include the justification for expanding the zone of wellhead  protection, and specify the boundaries of such zone, no portion of which  boundaries shall be in excess of 1,000 feet from the wellhead.  Such  justification may include the need to protect a sole source of public water  supply or a highly vulnerable source of groundwater, or an Agency finding  that the presence of potential primary or potential secondary sources or  potential routes represents a  significant hazard to the public health or the environment.  The Agency may proceed with the filing of such a proposal unless the  county or municipality, within 30 days of the receipt of the  written notice, files a written request for a conference with the Agency.  Upon receipt of such a request, the Agency shall schedule a conference to  be held within 90 days thereafter.  At the conference, the Agency shall  inform the county or municipality regarding the proposal.  Within 30 days after the conference, the affected unit of local government  may provide written notice to the Agency of its intent to establish a  maximum setback zone in lieu of the Agency acting on a proposal.  Upon  receipt of such a notice of intent, the Agency may not file a proposal with  the Board for a period of 6 months.  Rulemaking proceedings initiated by  the Agency under this subsection shall be conducted by the Board pursuant  to Title VII of this Act, except that subsection (b) of Section 27 shall not  apply.Nothing in this Section shall be construed as limiting the general  authority of the Board to promulgate regulations pursuant to Title VII of  this Act.  Nothing in this subsection shall limit the right of any person  to participate in rulemaking proceedings conducted by the Board under this  subsection.(e) Except as provided in subsection (c) of Section 14.2, no new  potential primary source shall be placed within the maximum  setback zone established for any community water supply well pursuant to  subsection (c) or (d) of  this Section.  Nothing in this subsection 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 prohibition as stated herein.(f) If an active community water supply well is withdrawing  groundwater from within the alluvial deposits  and is located within 1000 feet of  public waters, the  boundaries of a maximum setback zone adopted by ordinance pursuant to  subsection (c) may be established to a distance of 2,500 feet from the  wellhead.  No new potential route shall be placed, operated or utilized  within the maximum setback zone established for any community water supply  well pursuant to this subsection.  Restrictions provided in subsection (e)  shall not be applied beyond 1,000 feet from the wellhead for maximum setback  zones adopted pursuant to this  subsection.  An ordinance which creates a maximum setback zone as described  by this subsection shall also be consistent with subsections (a), (b) and  (c) of this Section, including  incorporation of requirements which are  consistent with but no more stringent than the prohibitions of this Act.  For purposes of this subsection, the term  "public waters" means public waters as defined in Section 18 of the Rivers,  Lakes, and Streams Act, as now  or hereafter amended.    (Source: P.A. 92-574, eff. 6-26-02.)