(415 ILCS 5/14.3)
(from Ch. 111 1/2, par. 1014.3)
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)
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
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
(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.)