HomeMy WebLinkAboutOrdinances - 24-9 - 03/18/2024 - Groundwater Ordinance Area CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 24-9
An Ordinance Prohibiting the use of Groundwater as Potable Water
Supply by the Installation or Use of Potable Water Supply Wells or by
any Method Within a Certain Area in the City of McHenry
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
March 18, 2024
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County,Illinois this 19th day of March 2024
ORDINANCE NO. 24-9
An Ordinance Prohibiting the use of Groundwater as Potable Water Supply
by the Installation or Use of Potable Water Supply Wells or by any Method
Within a Certain Area in the City of McHenry
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the State of
Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers
and functions as granted in the Constitution of the State of Illinois; and
WHEREAS, certain properties in the City of McHenry, Illinois (the "city") along W Elm
Street have been used as a fueling station.
WHEREAS, because of said use, concentrations of certain chemical constituents in the
groundwater beneath 3811 W Elm and adjoining properties may exceed class 1 groundwater
quality standards for potable resource groundwater 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
the said chemical constituents;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
McHenry, McHenry County, Illinois, as follows:
SECTION 1: Use of groundwater as a potable water supply prohibited in specific area.
The use or attempt to use groundwater as a potable water supply from within the area
shown as Exhibit "A" attached to, and made part 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 City.
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: Defnitions.
"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.
Section 5: Memorandum of Understanding.
The Mayor of the City of McHenry shall have the power and duty to enter a
Memorandum 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
circumstance is adjudged invalid, such adjudication shall not affect the validity of the ordinance
as a whole or any portion not adjudged invalid.
Section 7: 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 8: Effective Date.
This ordinance shall be in full force and effect from and after its passage, approval of
this publication as required by law.
Passed this 18th day of March, 2024.
A �}_es Nays Absent Abstain
Alderman Koch X
Alderman Glab X
Alderwomen Bassi x
Alderman McClatchey X
Alderwoman Miller x
Alderman Santi X
Alderman Strach x
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Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
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