HomeMy WebLinkAboutOrdinances - ORD-18-1914 - 12/17/2018 - Prohibiting the use of Groundwater as Potable WTR Supply in certain areasCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
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An Ordinance Prohibiting the use of Groundwater as Potable Water Supply by the
Installation or Use of Potable Water Supply Wells or by any other Method within a
Certain Area in the City of McHenry
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
December 17, 2018
Published in
pamphlet
form by
authority of the Mayor and City Council of the City
of McHenry,
McHenry
County,
Illinois this 17th day of December, 2018.
ORDINANCE N0. ORD48•
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS POTABLE
WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY
ANY OTHER METHOD WITHIN A CERTAIN AREA IN THE CITY OF MCHENRY
WHEAEAS, certain properties in the City of McHenry, Illinois (the "City") along Lake Avenue, Rt,
120 and Erin Street have been used over a period of time for commercial/industrial purposes; and
WHEREAS, because of said use, concentrations of certain chemical constituents in the
groundwater beneath certain portions of the City may exceed Class 1 Groundwater quality standards for
portable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 residential
remediation objectives as set forth in 35 Illinois Administrative Code 742; and
WHEREAS, the City desires to Ilmit potential threats to human Health from groundwater
contaminatfon while facilitating the redevelopment and productive use of properties affected by the said
chemical constituents;
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OFTHE CITY OF MCHENRY, ILLINOIS:
Section 1: Use of groundwater as a potable water supply prohibited in specified area.
The use or attempt to use groundwater as a portable water supply from within the are shown as
ExhibitA and more particularly described on Exhibit B, both attached to and made apart of this ordinance,
by the installation or drilling or use of wells or by any other method is hereby prohibited, including at
points of withdrawal by the City.
Section 2: The prohibition on the use of groundwater applicable to the Clty.
The prohibition contained in Section 1 shall also apply to the City.
Section 3: Penalties.
Any person violating the provisions of this ordinance shall be subject to a fine up to $750,00 for
each violation.
Section 4: Definitions.
"Person" is any Individual, ri firm, company limited liability company,
corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity,
or their legal representatives, agents, or assigns.
Section 5: Memorandum of Understanding.
The Mayor of the City of McHenry shall have the power and duty to enter into Memorandums of
Understanding with the Illinois Environmental Protection Agency ("Illinois EPA") and other agreements or
contracts with other governmental entities, as may be or as become necessary to implement the spirit
and intent of this ordinance.
Section 6: Supersedes.
If any provision of this Ordinance or its application to any person or under any circumstances is adjudged
invalid, such adjudication shall not affect the validity of the ordinance as a whole or any portion not
adjudged invalid.
Section 7: Severabiltty.
If any provision of this ordinance or Its application to any person or under any circumstances is adjudged
Invalid, such adjudication shall not affect the validity of the ordinance as a whole or any portion not
adjudged invalid.
Section 8: Effective date.
This ordinance shall be in full force and effect from and after Us passage, approval and publication as
required by law.
Passed and approved MIS,/ I day of December; 2018
A e NAYS Absent Abstain
Aldetwoman Condon
AIderman Curry
Alderman Devine
Alderman Glab
Alderman Move
SantiAlderman Santi
Alderman Schaefer
Mayor Jett
Mayo r—�� Deputy Clerjf���