Town Hall is located at

16 N. 4th street,
Chatsworth, Illinois 60921

Phone

(815) 635-3095

Hours of operation are

Mon - Fri:
8:00 am - 12:00 pm
1:00 pm - 4:00 pm

Chatsworth Ordinances


CHAPTER 9

 

WATER AND SEWER

 

ARTICLE 4 — MINIMUM AND MAXIMUM SETBACK ZONE

 

 

 

SECTION:

 

9.4.1                    Purpose

9.4.2                    Definitions

9.4.3                    Prohibitions

9.4.4                    Waivers, Exceptions and Certifications of Minimal Hazard

9.4.5                    Exclusions

9.4.6                    Effective Date

 

Appendix A Minimum and Maximum Setback Zone Map and Description

 

 

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9.4.1             PURPOSE: Pursuant to the authority conferred by Ill. Comp. Stat. 1992, ch. 65, par. 5/11-125—4; Ill. Conip. Stat. 1992, ch. 415, par. 5/14/2, and 5/14/3; and in the interest of securing the public health, safety, and welfare; to preserve the quality and quantity of groundwater resources in order to assure a safe and adequate water supply for present and future generations; and to preserve groundwater resources currently in use and those aquifers having a potential for future use as a public water supply, the provisions of this ordinance shall apply to all properties located within the minimum setback zone established under Section 14.2 of the Environmental Protection Act (‘Act”) (Ill. Comp. Stat. 1992, ch. 415, par. 5/14.2) and this ordinance, and the maximum setback zone established under Section 14.3 of the Act (Ill. Comp. Stat. 1992, ch. 415, par. 5/14.3) and this ordinance.

 

Pursuant to the authority conferred by Ill. Comp. Stat. 1992, ch. 65, par. 5/7-4—2, all property which (1) is owned by a municipality, and (2) lies outside the corporate limits of the municipality, and (3) does not lie within the corporate limits of any municipality, shall be subject to the ordinances control, and jurisdiction of the municipality in all respects the same as the property owned by the municipality which lies within the corporate limits thereof.

 

 

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9.4.2             DEFINITIONS:  Except as stated in this ordinance, and unless a different meaning of a word or term is clear from the context, the definition of words or terms in this ordinance shall be the same as those used in the Act and the Illinois Groundwater Protection Act (Ill. Comp. Stat. 1992, ch. 415, pars. 55/1 et seq):

 

ACT      The Environmental Protection Act (Ill. Comp. Stat. 1992, ch. 415, par. 5/1 et seq.).

 

AGENCY      The Illinois Environmental Protection Agency.

 

BOARD      The Illinois Pollution Control Board.

 

MINIMUM SETBACK ZONE      The area around a community water supply well established under Section 14.2 of the Act and this ordinance. The Town of Chatsworth water wells Nos. 3, 4, and 5 each have been designated a 400 ft. radius minimum setback zone. Well No. 2 has been designated a 200 ft. radius minimum setback zone.

 

MAXIMUM SETBACK ZONE    The area around a community water supply well established under Section 14.3 of the Act and this ordinance. For each water well used by the Town of Chatsworth the maximum setback zone is the area greater than 400 ft. or 200 ft. minimum setback zone radius distance and less than or equal to 1000/ft radius from each town water well. See Appendix A for map delineation.

 

 

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9.4.3             PROHIBITIONS:

 

  1. Except as provided in 9.4.4 or 9.4.5 of this ordinance, no person shall place a new potential primary source, new potential secondary source, or new potention route within the minimum setback zone.

  2. Except as provided in 9.4.4 of this ordinance, no person shall place a new potential primary source, or those activities cited in 35 Ill. Adm. Code 601, 615, 616 and 677, within the maximum setback zone.

     

     

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9.4.4             WAIVERS, EXCEPTION, AND CERTIFICATIONS OF MINIMAL HAZARD:

 

  1. If, pursuant to Section 14.2(b) of the Act, the owner of a new potential primary source, new potential secondary source, or new potential route is granted a waiver by the Agency, such owner shall be deemed to have a waiver to the same extent from 9.4.3   A. of this ordinance. 

  2. If, pursuant to Section 14.2(c) of the Act, the owner of a new potential primary source (other than landfilling or land treating), new potential secondary source, or new potential route is granted an exception to the same extent from 9.4.3 A. of this ordinance. 

  3. If, pursuant to Section 14.2(c) of the Act, the owner of a new potential primary source (other than landfilling or land treating) is granted an exception by the Board, such owner shall be deemed to have an exception to the same extent from 9.4.3 B. of this ordinance.

  4. If, pursuant to Section 14.5 of the Act, the owner of a new potential primary source, new potential secondary source, or new potential route is issued a certificate of minimal hazard by the Agency, such owner shall not be subject to 9.4.3 A. of this ordinance to the same extent that such owner is not subject to Section 14.2(d) of the Act.

     

     

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9.4.5             EXCLUSION: 9.4.3 of this ordinance shall not apply to new common sources of sanitary pollution as specified pursuant to Section 17 of the Act and the regulations adopted thereunder by the Agency; however, no such common sources may be located within the applicable minimum distance from a community water supply well specified by such regulations.

 

 

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9.4.6             EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and publication as required by law.

 

 

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