415 ILCS 5/14.4
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. 1014.4)Sec. 14.4.     Groundwater rules.(a) No later than January 1, 1989, the Agency, after consultation with the  Interagency Coordinating Committee on Groundwater and the Groundwater Advisory  Council, shall propose regulations to the Board prescribing standards and  requirements for the following activities:(1) landfilling, land treating, surface impounding or     piling of special waste and other wastes which could cause contamination of groundwater and which are generated on the site, other than hazardous, livestock and landscape waste, and construction and demolition debris;(2) storage of special waste in an underground     storage tank for which federal regulatory requirements for the protection of groundwater are not applicable;(3) storage and related handling of pesticides and     fertilizers at a facility for the purpose of commercial application;(4) storage and related handling of road oils and     de-icing agents at a central location; and(5) storage and related handling of pesticides and     fertilizers at a central location for the purpose of distribution to retail sales outlets.In preparing such regulation, the Agency shall provide as it deems  necessary for more stringent provisions for those activities enumerated in  this subsection which are not already in existence.  Any activity for which  such standards and requirements are proposed may be referred to  as a new activity.  For the purposes of this Section, the term "commercial application"  shall not include the use of pesticides or fertilizers in a manner incidental  to the primary business activity.(b) No later than October 1, 1993, the Board shall promulgate appropriate  regulations for existing activities.  In promulgating these regulations, the  Board shall, in addition to the factors set forth in Title VII of this Act,  consider the following:(1) appropriate programs for water quality monitoring;(2) reporting, recordkeeping and remedial response     measures;(3) appropriate technology-based measures for     pollution control; and(4) requirements for closure or discontinuance of     operations.Such regulations as are promulgated pursuant to this subsection shall be  for the express purpose of protecting groundwaters.  The applicability of  such regulations shall be limited to any existing activity which is located:(A) within a setback zone regulated by this Act,     other than an activity located on the same site as a non-community water system well and for which the owner is the same for both the activity and the well; or(B) within a regulated recharge area as delineated by     Board regulation, provided that:(i) the boundary of the lateral area of influence         of a community water supply well located within the recharge area includes such activity therein;(ii) the distance from the wellhead of the         community water supply to the activity does not exceed 2500 feet; and(iii) the community water supply well was in         existence prior to January 1, 1988.In addition, the Board shall ensure that the promulgated regulations are  consistent with and not pre-emptive of the certification system provided by  Section 14.5.  The Board shall modify the  regulations adopted under this subsection to provide an exception for  existing activities subject to Section 14.6.(c) Concurrently with the action mandated by subsection (a), the Agency  shall evaluate, with respect to the protection of groundwater, the adequacy  of existing federal and State regulations regarding the disposal of hazardous  waste and  the offsite disposal of special and municipal wastes.  The Agency  shall then propose, as it deems necessary, additional regulations for such new  disposal activities as may be necessary to achieve a level of groundwater  protection that is consistent with the regulations proposed under  subsection (a) of this Section.(d) Following receipt of proposed regulations submitted by the Agency  pursuant to subsection (a) of this Section, the Board shall promulgate  appropriate regulations for new activities.  In promulgating these  regulations, the Board shall, in addition to the factors set forth in  Title VII of this Act, consider the following:(1) appropriate programs for water quality     monitoring, including, where appropriate, notification limitations to trigger preventive response activities;(2) design practices and technology-based measures     appropriate for minimizing the potential for groundwater contamination;(3) reporting, recordkeeping and remedial response     measures; and(4) requirements for closure or discontinuance of     operations.Such regulations as are promulgated pursuant to this subsection shall be  for the express purpose of protecting groundwaters.  The applicability of  such regulations shall be limited to any new activity which is to be  located within a setback zone regulated by this Act, or which is to be  located within a regulated recharge area as delineated by Board regulation.  In addition, the Board shall ensure that the promulgated regulations are  consistent with and not pre-emptive of the certification system provided  by Section 14.5.  The  Board shall modify the regulations adopted under this subsection to provide  an exception for new activities subject to Section 14.6.(e) Nothing in this Section shall be construed as prohibiting any person  for whom regulations are promulgated by the  Board pursuant to subsection (b) or (c) of this Section, from proposing and  obtaining, concurrently with the regulations proposed by the Agency  pursuant to subsection (a) of this Section, a rule specific to individual  persons or sites pursuant to Title VII of this Act which codifies  alternative groundwater protection methods that provide substantially  equivalent protection for community water supplies.(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 regulations adopted by the Board pursuant  to this Section, for application of standards and requirements  within such setback zones as are provided by this Act.(g) The Agency shall prepare a groundwater protection regulatory agenda  for submittal to the Interagency Coordinating Committee on Groundwater and  the Groundwater Advisory Council.  In preparing this agenda, the Agency  shall consider situations where gaps may exist in federal or State  regulatory protection for groundwater, or where further refinements could  be necessary to achieve adequate protection of groundwater.(h) 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.(i) The Board's rulemaking with respect to subsection (a)(3) of this  Section shall take into account the relevant aspects of the  Department of Agriculture's Part 255 regulations which specify containment  rules for agrichemical facilities.    (Source: P.A. 92-574, eff. 6-26-02.)