Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 617 - REGULATED RECHARGE AREAS › Subpart A - GENERAL › Section 617.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless a different meaning of a word or term is clear from
				  the context, the definitions of words or terms in this Part are the same as
				  those used in 35 Ill. Adm. Code
				  615.102, 35 Ill. Adm. Code
				  616.102, the Act, or the
				  Illinois Groundwater Protection Act [415 ILCS 55
				  ].
"Agency" means the Illinois Environmental Protection
				  Agency.
"Agrichemical facility" means
a site used for
				  commercial purposes, where bulk pesticides are stored in a single container in
				  excess of 300 gallons of liquid pesticide or 300 pounds of dry pesticide for
				  more than 30 days per year or where more than 300 gallons of liquid pesticide
				  or 300 pounds of dry pesticide are being mixed, repackaged or transferred from
				  one container to another within a 30-day period or a site where bulk
				  fertilizers are stored, mixed, repackaged or transferred from one container to
				  another
. [415 ILCS 5/3.110 ]
"Board" means the Illinois Pollution Control Board.
"Chemical substance" means
any "extremely hazardous
				  substance" listed in Appendix A of
				  40 CFR
				  355 that is present at a facility in an
				  amount in excess of its threshold planning quantity, any "hazardous substance"
				  listed in 40 CFR
				  302.4 that is present at a facility in an
				  amount in excess of its reportable quantity or in excess of its threshold
				  planning quantity if it is also an "extremely hazardous substance", and any
				  petroleum including crude oil or any fraction thereof that is present at a
				  facility in an amount exceeding 100 pounds unless it is specifically listed as
				  a "hazardous substance" or an "extremely hazardous substance". "Chemical
				  substance" does not mean any substance to the extent it is used for personal,
				  family, or household purposes or to the extent it is present in the same form
				  as a product packaged for distribution to and use by the general
				  public.
[430 ILCS 45/3 ]
"Class V injection well" means injection wells not included
				  in Class I, II, III, or IV. Class V wells include:
air conditioning return flow wells used to return to the
				  supply aquifer the water used for heating or cooling in a heat pump;
cesspools, including multiple dwelling, community, or
				  regional cesspools, or other devices that receive wastes that have an open
				  bottom and sometimes have perforated sides. The Underground Injection Control
				  (UIC) requirements do not apply to single-family residential cesspools nor to
				  non-residential cesspools that receive solely sanitary wastes and have the
				  capacity to serve fewer than 20 persons a day;
cooling water return flow wells used to inject water
				  previously used for cooling;
drainage wells used to drain surface fluid, primarily storm
				  runoff, into a subsurface formation;
dry wells used for the injection of wastes into a subsurface
				  formation;
recharge wells used to replenish the water in an
				  aquifer;
salt water intrusion barrier wells used to inject water into
				  a fresh water aquifer to prevent the intrusion of salt water into the fresh
				  water;
sand backfill and other backfill wells used to inject a
				  mixture of water and sand, mill tailings, or other solids into mined-out
				  portions of subsurface mines whether or not what is injected is a radioactive
				  waste;
septic system wells used to inject the waste or effluent from
				  a multiple dwelling, business establishment, community, or regional business
				  establishment septic tank. The UIC requirements do not apply to single-family
				  residential septic system wells that are used solely for the disposal of
				  sanitary waste and have the capacity to serve fewer than 20 persons a
				  day;
subsidence control wells (not used for oil or natural gas
				  production) used to inject fluids into a non-oil- or non-gas-producing zone to
				  reduce or eliminate subsidence associated with the overdraft of fresh
				  water;
radioactive waste disposal wells other than Class IV;
injection wells associated with the recovery of geothermal
				  energy for heating, aquaculture, and production of electric power;
wells used for solution mining of conventional mines such as
				  stopes leaching;
wells used to inject spent brine into the same formation from
				  which it was withdrawn after extraction of halogens or their salts;
injection wells used in experimental technologies; and
injection wells used for in-situ recovery of lignite, coal,
				  tar sands, and oil shale. (40 CFR 146.5)
"Container" means any portable device (including 55-gallon
				  drums) in which material is stored, treated, disposed of, or otherwise handled.
				  The term "container" does not include a vehicle used to transport
				  material.
"Existing Potential Tertiary Source of Groundwater
				  Contamination" means a potential tertiary source of groundwater contamination
				  that is not new.
"Facility" means
the buildings and all real property
				  contiguous thereto, and the equipment at a single location used for the conduct
				  of business
. [430 ILCS 45/3 ]
"Generator (RCRA)" means any person, by site location, whose
				  act or process produces "hazardous waste" identified or listed in 35 Ill. Adm.
				  Code 721 (see 35 Ill. Adm. Code
				  702.110 and 35 Ill. Adm. Code
				  730.103).
"Household waste" means any waste material (including garbage
				  and trash) derived from households (including single and multiple residences,
				  hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds,
				  picnic grounds, and day-use recreation areas).
"IEMA" means the Illinois Emergency Management Agency.
"Low-level radioactive waste" means
radioactive waste
				  not classified as high-level radioactive waste, transuranic waste, spent
				  nuclear fuel, or byproduct material as defined in Section 11e(2) of the Atomic
				  Energy Act of 1954(42 U.S.C.
				  2014)
[420 ILCS 20/3
				  ].
"Major Potential Source" means any unit at a facility or site
				  not currently subject to a removal or remedial action that stores, accumulates,
				  landfills, or land treats waste, other than household waste, that could cause
				  contamination of groundwater and is generated on the site.
"Municipal solid waste landfill unit" or "MSWLF Unit" means
a contiguous area of land or an excavation that receives household
				  waste, and is not a land application unit, surface impoundment, injection well,
				  or any pile of noncontainerized accumulations of solid, nonflowing waste that
				  is used for treatment or storage. An MSWLF unit may also receive other types of
				  RCRA Subtitle D wastes, such as commercial solid waste, nonhazardous sludge,
				  small quantity generator waste, and industrial solid waste. Such a landfill may
				  be publicly or privately owned. An MSWLF unit may be a new MSWLF unit, an
				  existing MSWLF unit, or a lateral expansion. A sanitary landfill is subject to
				  regulation as an MSWLF unit if it receives household waste.
[415 ILCS
				  5/3.285 ]
"New Major Potential Source" means:
a major potential source that is not in existence or for
				  which construction has not commenced at its location as of September 1, 2001;
				  or
a major potential source that expands laterally beyond the
				  currently permitted boundary or, if the potential source is not permitted, the
				  boundary in existence as of September 1, 2001; or
a major potential source that 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 as of September 1, 2001.
"New Potential Tertiary Source of Groundwater Contamination"
				  means:
a Potential Tertiary Source that is not in existence or for
				  which construction has not commenced at its location as of September 1, 2001;
				  or
a Potential Tertiary Source that expands laterally beyond the
				  currently permitted boundary or, if the tertiary source is not permitted, the
				  boundary in existence as of September 1, 2001; or
a Potential Tertiary Source that is part of a facility that
				  undergoes major reconstruction after September 1, 2001. 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.
"Potential Tertiary Source of Groundwater Contamination"
				  means any unit at a facility or site not currently subject to a removal or
				  remedial action that stores or accumulates any chemical substance during any
				  calendar year and that is not a potential primary or secondary source of
				  groundwater contamination.
"Regulated recharge area" means
a compact geographic
				  area, as determined by the Board, the geology of which renders a potable
				  resource groundwater particularly susceptible to contamination.
[415 ILCS
				  5/3.390 ]
"Setback zone"
meansa 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 ]
"Sinkhole" means any natural depression formed as a result of
				  subsurface removal of soil or rock materials and causing the formation of a
				  collapse feature that exhibits internal drainage. The existence of a sinkhole
				  must be indicated by the uppermost closed depression contour lines on the
				  United States Geological Survey
				  7.5 -minute topographic
				  quadrangle maps or as determined by field investigation.
"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, fertilizers, road oils, or
				  de-icing agents falls within the unit boundary.
"Waste" means
any garbage, sludge from a waste
				  treatment plant, water supply treatment plant, or air pollution control
				  facility or other discarded material, including solid, liquid, semi-solid, or
				  contained gaseous material resulting from industrial, commercial, mining and
				  agricultural operations, and from community activities, but does not include
				  solid or dissolved material in domestic sewage, or solid or dissolved material
				  in irrigation return flows, or coal combustion by-products as defined
				  in
Section 3.135 of the Act
, or in
				  industrial discharges which are point sources subject to permits under section
				  402 of the Federal Water Pollution Control Act, as now or hereafter amended, or
				  source, special nuclear, or by-product materials as defined by the Atomic
				  Energy Act of 1954 as amended (68 Stat. 921)
(42 U.S.C.
				  2011 et seq.)
or any solid or
				  dissolved material from any facility subject to the Federal Surface Mining
				  Control and Reclamation Act of 1977 (P.L. 95-87) or the
				  rules and regulations thereunder or any law or rule or regulation adopted by
				  the State of Illinois pursuant thereto.
[415 ILCS
				  5/3.535 ]