HomeMy WebLinkAboutOrdinances - ORD-04-1230 - 10/18/2004 - PROHIBIT USE GROUNDWATER AS POTABLE WATER SUPPLY RORDINANCE NUMBER ORD-04-1230
A SPECIAL 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, ILLINOIS
WHEREAS, certain properties within the City of McHenry, Illinois (the "City")
at the northwest and northeast corners of Elm Street and Richmond Road 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
these properties;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF McHENRY, ILLINOIS:
Section One. 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 Exhibit A and more particularly described on Exhibit B, both
attached to and made a 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 Two. The prohibition on the use of groundwater applicable to the City.
The prohibition contained in Section 1 shall also apply to the City.
Section Three. Penalties.
Any person violating the provisions of this ordinance shall be subject to a fine of
up to $500.00 for each violation.
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Section Four. 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 Five. Memorandum of Understanding
The Mayor of the City shall have the power and duty to enter into Memorandums
of Understanding with the Illinois Environmental Protection Agency and other
agreements or contracts with other governmental entities, as may be or as become
necessary to implement the spirit and intent of the Ordinance.
Section Six. Superceder.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
superseded by this ordinance insofar as they are in conflict with this ordinance.
Section Seven. 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 of any portion not adjudged invalid.
Section Eight. Effective date.
This ordinance shall be in full force and effect from and after its passage and
approval as required by law.
ADOPTED:
(Date)
Passed and approved October 18, 2004.
APPROVED:
(Date) (Mayor)
VOTING AYE: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, PETERSON.
VOTING NAY: NONE. ABSENT: CONDON.
Officially published this _ day of 2004
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Exhibit `B"
The properties subject to this ordinance are as follows:
o All properties bounded by Elm Street (Illinois Route 120) to the north,
Boone Creek to the west and south, and the centerline of Green Street to
the east.
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o The McHenry Fire Department property (ID# 09-26-331-023) that is
located northwest of the intersection of Elm Street with Richmond Road
(Illinois Route 31).
And
o The properties north of Elm Street between Richmond Road on the west
and Green Street on the east, bearing property tax identification numbers
06-26-408-005, 06-26-408-015, 06-26-408-019, 06-26-408-025, and the
"B.A.C." property.
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