Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 618 - MAXIMUM SETBACK ZONES › Subpart A - GENERAL › Section 618.105 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless specified
				otherwise, all terms have the meanings set forth in the Illinois Environmental
				Protection Act [415 ILCS 5 ], the Illinois
				Groundwater Protection Act [415 ILCS 55 ], and 35 Ill. Adm.
				Code 671.
b) For the purposes of
				this Part, the following definitions apply:
"Act" means the Illinois Environmental Protection Act
				  [415 ILCS
				  5 ].
"Agency" means the Illinois Environmental Protection
				  Agency.
"Board" means the Illinois Pollution Control Board.
"Facility" means
the buildings and all real property
				  contiguous
to the buildings
, and the equipment at a single
				  location used for the conduct of business
[430 ILCS 45/3
				  ].
"New Potential Primary Source" means:
a potential primary source which is not in existence
				  or for which construction has not commenced at its location as of January 1,
				  1988; or
a potential primary source which expands laterally
				  beyond the currently permitted boundary or, if the primary source is not
				  permitted, the boundary in existence as of January 1, 1988; or
a potential primary source which 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
[415 ILCS 5/3.345 ].
"New Potential Route" means:
a potential route which is not in existence or for
				  which construction has not commenced at its location as of January 1,1988;
				  or
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
[415 ILCS
				  5/3.350 ].
"New Potential Secondary Source":
means
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
expands laterally beyond the currently permitted
				  boundary or, if the 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 wastewaters; or
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
[415 ILCS
				  5/3.355 ]; but
excludes an agrichemical facility that
modifies
				  on-site storage capacity such that the volume of the 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;
if
a written endorsement for an
				  agrichemical facility permit is in effect under Section
				  39.4 of theAct 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.
[415 ILCS
				  5/14.2(g)(4) ]
"Potential Primary Source" means
any unit at a
				  facility or site not currently subject to a removal or remedial action
				  which:
is utilized for the treatment, storage, or disposal
				  of any hazardous or special waste not generated at the site; or
is utilized for the disposal of municipal waste not
				  generated at the site, other than landscape waste and construction and
				  demolition debris; or
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
stores or accumulates at any time more than 75,000
				  pounds above ground, or more than 7,500 pounds below ground, of any hazardous
				  substances
[415 ILCS 5/3.345 ].
"Potential route" means
abandoned and improperly
				  plugged wells of all kinds, drainage wells, all injection wells, including
				  closed loop heat pump wells, and any excavation for the discovery, development
				  or production of stone, sand or gravel
[415 ILCS
				  5/3.350 ].
"Potential secondary source" means
any unit at a
				  facility or a site not currently subject to a removal or remedial action, other
				  than a potential primary source, which:
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
stores or accumulates at any time more than 25,000
				  but not more than 75,000 pounds above ground, or more than 2,500 but not more
				  than 7,500 pounds below ground, of any hazardous substances; or
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
stores or accumulates pesticides, fertilizers, or
				  road oils for purposes of commercial application or for distribution to retail
				  sales outlets; or
stores or accumulates at any time more than 50,000
				  pounds of any de-icing agent; or
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
[415 ILCS
				  5/3.355 ].
"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
				  groundwaters
[415 ILCS 5/3.450 ].
"Site" means
any location, place, tract of land, and
				  facilities, including buildings, and improvements used for purposes subject to
				  regulation or control by theAct 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, fertilizer, road oils, or
				  de-icing agents falls within the unit boundary.