35 Ill. Adm. Code 615.105
General Exceptions
Section 615
Section 615.105Â General
Exceptions
a)Â Â Â Â Â Â Â Â This Part does not apply to any facility or unit, or to the
owner or operator of any facility or unit:
1)Â Â Â Â Â Â Â Â For which the owner or operator obtains certification of
minimal hazard under Section 14.5 of the Act; or
2)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â For which alternate requirements are imposed in a regulated
recharge area proceeding under Section 17.4 of the Act; or
4)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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.