HomeMy WebLinkAboutOrdinances - ORD-19-1964 - 05/20/2019 - Prohibiting the Use of Groundwater as Potable Water SupplyCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NUMBER ORD-19-1964
An Ordinance Prohibiting the Use of Groundwater as a 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
May 20, 2019
Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry,
McHenry County, Illinois, this 21s' day of May, 2019
ORDINANCE NO. ORD-19-1964
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A 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
WHEREAS, 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
potable 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 limit potential threats to human health from groundwater
contamination while facilitating the redevelopment and productive use of properties affected by said
chemical constituents;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 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 potable water supply from within the area shown
on Figure 1, attached to and made a part of this ordinance, by the installation, drilling, or use of wells, or
by any other method is hereby prohibited, including points of withdrawal by the City of McHenry.
Section 2: The prohibition on the use of groundwater applicable to the City.
The prohibition contained in Section 1 shall also apply to the City of McHenry.
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, partnership, co -partnership, 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.
"Potable Water" is any water used for human or domestic consumption, including, but not limited
to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.
Section 5: Repealer.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed insofar
as they are in conflict with this ordinance. Ordinance No. ORD-18-1914 is hereby repealed in its entirety.
Section 6: Severability.
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: Effective date.
This ordinance shall be in full force and effect from and after its passage, approval and publication
as required by law.
This ordinance shall be in full force and effect from and after tis passage, approval and publication as
required by law.
Passed and approved this 20th day of May, 2019
Armes
Alderwoman Baehne
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Alderman Devine
fi
Alderman Glab
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Alderman Mihevc
Alderman Miller
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Alderman Santi
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Alderman Schaefer
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W;yrr(Jeff, Mayor
Xs Absent Abstain
Monte Johnson, putt' Clerk
I I
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09-25-355-035
09-26-482-029 I 09-25-355-022
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I I
I
BUILDING
09-35-226-001
09-35-226-002 WATER WELL
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09-26-482-030
LEGEND
SOIL BORING LOCATION (MOSTARDI-PLATT)
SOIL BORING LOCATION
MONITORING WELL LOCATION
U
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PARKING I
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3017 E. ELM ST
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09-25-355-036
09-36-101-028
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CAKE AVE
GERBER MW-3 \
COLLISION & GBH-15/
GLASS BH-9/BH-3
3006 ELM ST. O•
MW-2/
BH-7 P-1 BH(V1 /
MP-3^BH-2
109-25-353-026 BH -19 (•�
/ Mw-
/ MW-6/ M 2O BH-12 BH-
/ BH-17/ BH-10 MW-4
I
PARKING
09-25-355-024
BH-13 MW-7 MW-5 PROPER
BW-20 BH-1H 16 BOUNDP
09-25-353-027
/ 09-25-353-023
\ ' BH-5 09-25-353-028 /
0 /
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ELM STREET (RTE. '
20)
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PARKING
mostardi
CHECK BY
MM
DRAWN BY
BCP
DATE
DATE
platt
SCALE
AS SHOWN
CAD NO.
M170612A
PRJ NO.
M170612
PARKING
09-36-101-041
SCALE IN FEET
0 30 60 120
FIGURE
AREA -SPECIFIC
GROUNDWATER
ORDINANCE AREA
3004 ELM STREET
McHENRY, ILLINOIS
STATE OF ILLINOIS )
COUNTY OF MCHENRY )
CERTIFICATION
I, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified
Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy City
Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of
said City of McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City
of McHenry, held on the 20`h day of May, 2019, the foregoing Ordinance entitled 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, was
duly passed by the City Council of the City of McHenry.
The pamphlet form of Ordinance No ORD-19-1964, including the Ordinance and a cover
sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall,
commencing on the 21 st day of May, 2019, and will continue for at least 10 days thereafter. Copies
of such Ordinance are also available for public inspection upon request in the office of the City
Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and
keeper of the same.
GIVEN under my hand and seal this 21 st day of May, 2019.
7)6o a .
Monte Johnson, geputy City Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)