Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 615 - EXISTING ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
Subpart A - GENERAL
Section 615.105 - General Exceptions
Universal Citation: 35 IL Admin Code ยง 615.105
Current through Register Vol. 48, No. 38, September 20, 2024
a) This Part does not apply to any facility or unit, or to the owner or operator of any facility or unit:
1) For which the
owner or operator obtains certification of minimal hazard under Section
14.5 of the Act; or
2) For which alternate requirements are
imposed in an adjusted standard proceeding or as part of a site-specific
rulemaking, under Title VII of the Act; or
3) For which alternate requirements are
imposed in a regulated recharge area proceeding under Section
17.4 of the Act; or
4) That is located on the same site
as a non-community water system well and for which the owner is the same for
both the facility or unit and the well. (Section
14.4(b) of the
Act); or
5) That is located
within a regulated recharge area as delineated in 35 Ill. Adm.
Code 617 if :
A)
The
boundary of the lateral area of influence of a community water supply well
located within the regulated recharge area does not include
such facility or unit therein;
B)
The distance from the wellhead of
the community water supply to the facility or unit exceeds
2500 feet; and
C)
The community water supply well was not in existence
prior to January 1, 1988. [415 ILCS
5/14.4(b)] ; or
6) For which the owner or operator of the
facility for storage and related handling of pesticides or fertilizers for the
purpose of commercial application or at a central location for the purpose of
distribution to retail sales outlets that has filed a written notice of intent
under Section 14.6 of the Act with the
Department of Agriculture by January 1, 1993, or within 6 months after the date
on which a maximum setback zone is established or a regulated recharge area
regulation is adopted that affects such a facility; or has filed a
written certification of intent under Section
14.6 of the Act on the
appropriate license or renewal application form submitted to the Department of
Agriculture or other appropriate agency. [415 ILCS
5/14.6(a)] This exception does not
apply to those facilities that are not in compliance with the program
requirements of subsections
14.6(b) and
14.6(c) of the
Act.
b) Nothing in this Section will limit the authority of the Board to impose requirements on any facility or unit within any portion of any setback zone or regulated recharge area under the Act.
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