415 ILCS 5/14.2

(415 ILCS 5/14.2) (from Ch. 111 1/2, par. 1014.2)

Sec. 14.2.

New potential source or route; minimum setback zone.

A minimum setback zone is established for the location of
each new potential source or new potential route as follows:

(a) Except as provided in subsections (b), (c) and (h) of this Section, no
new potential route or potential primary source or potential secondary
source may be placed within 200 feet of any existing or permitted community
water supply well or other potable water supply well.

(b) The owner of a new potential primary source or a potential secondary
source or a potential route may secure a waiver from the requirement of
subsection (a) of this Section for a potable water supply well other than a
community water supply well.  A written request for a waiver shall be made
to the owner of the water well and the Agency. Such request shall identify
the new or proposed potential source or potential route, shall generally
describe the possible effect of such potential source or potential route
upon the water well and any applicable technology-based controls which will
be utilized to minimize the potential for contamination, and shall state
whether, and under what conditions, the requestor will provide an
alternative potable water supply.  Waiver may be granted by the owner of
the water well no less than 90 days after receipt of the request unless
prior to such time the Agency notifies the well owner that it does not
concur with the request.

The Agency shall not concur with any such request which fails to accurately
describe reasonably foreseeable effects of the potential source or potential
route upon the water well or any applicable technology-based controls.  Such
notification by the Agency shall be in writing, and shall include a statement
of reasons for the nonconcurrence. Waiver of the minimum
setback zone established under subsection (a) of this Section shall
extinguish the water well owner's rights under Section 6b of the Illinois
Water Well Construction Code but shall not preclude enforcement of any law
regarding water pollution.  If the owner of the water well has not granted a
waiver within 120 days after receipt of the request or the Agency has
notified the owner that it does not concur with the request, the owner of
a potential source or potential route may file a petition for an exception
with the Board and the Agency pursuant to subsection (c) of this Section.

No waiver under this Section is required where the potable water supply
well is part of a private water system as defined in the Illinois
Groundwater Protection Act, and the owner of such well will also be the
owner of a new potential secondary source or a
potential route.  In such instances, a prohibition of 75 feet shall apply
and the owner shall notify the Agency of the intended action so that the
Agency may provide information regarding the potential hazards associated
with location of a potential secondary source or potential route in close
proximity to a potable water supply well.

(c) The Board may grant an exception from the setback requirements of
this Section and subsection (e) of Section 14.3 to the owner of a new
potential route, a new potential primary source other than landfilling or land
treating, or a new potential secondary source.  The owner seeking an exception
with respect to a community water supply well shall file a petition with the
Board and the Agency. The owner seeking an exception with respect to a potable
water supply well other than a community water supply well shall file a
petition with the Board and the Agency, and set forth therein the circumstances
under which a waiver has been sought but not obtained pursuant to subsection
(b) of this Section.  A petition shall be accompanied by proof that the owner
of each potable water supply well for which setback requirements would be
affected by the requested exception has been notified and been provided with a
copy of the petition.  A petition shall set forth such facts as may be required
to support an exception, including a general description of the potential
impacts of such potential source or potential route upon groundwaters and the
affected water well, and an explanation of the applicable technology-based
controls which will be utilized to minimize the potential for contamination of
the potable water supply well.

The Board shall grant an exception, whenever it is found upon presentation of
adequate proof, that compliance with the setback requirements of this Section
would pose an arbitrary and unreasonable hardship upon the petitioner, that the
petitioner will utilize the best available technology controls economically
achievable to minimize the likelihood of contamination of the potable water
supply well, that the maximum feasible alternative setback will be utilized,
and that the location of such potential source or potential route will not
constitute a significant hazard to the potable water supply well.

The Board shall adopt procedural rules
governing requests for exceptions under this subsection.  The rulemaking
provisions of Title VII of this Act and of Section 5-35 of the Illinois
Administrative Procedure Act shall not apply to such rules.  A decision
made by the Board pursuant to this subsection shall constitute a final
determination.

The granting of an exception by the Board shall not extinguish the water well
owner's rights under Section 6b of the Illinois Water Well Construction Code in
instances where the owner has elected not to provide a waiver pursuant to
subsection (b) of this Section.

(d) Except as provided in subsections (c) and (h) of this Section and
Section 14.5, no new potential route or potential primary source or potential
secondary source may be placed within 400 feet of any existing or permitted
community water supply well deriving water from an unconfined shallow fractured
or highly permeable bedrock formation or from an unconsolidated and unconfined
sand and gravel formation.  The Agency shall notify the owner and operator of each well which is afforded
this setback protection and shall maintain a directory of all community water
supply wells to which the 400 foot minimum setback zone applies.

(e) The minimum setback zones established under subsections (a) and (b)
of this Section shall not apply to new common sources of sanitary pollution
as specified pursuant to Section 17 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.

(f) Nothing in this Section 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 prohibitions herein.

(g) Nothing in this Section shall preclude any arrangement under which
the owner or operator of a new source or route does the following:

(1) purchases an existing water supply well and