Ill. Admin. Code tit. 35 § 671.305

Current through Register Vol. 48, No. 49, December 6, 2024

Section 671.305 - Adoption of a Maximum Setback Zone Ordinance

a) Upon receipt of Agency confirmation of the technical adequacy of the determination under Section 14.3(b) of the Act, 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. (Section 14.3(c) of the Act).

b) 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 the Act and the regulations promulgated by the Board under Section 14.4 of the Act. (Section 14.3(c) of the Act).

c) Upon adoption, the county or municipality shall provide a copy of the ordinance to the Agency. (Section 14.3(c) of the Act).

d) 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 Section 14.3 of the Act without obtaining a new confirmation of the technical adequacy pursuant to Section 14.3(b) of the Act. (Section 14.3(c) of the Act)

Ill. Admin. Code tit. 35, § 671.305