HomeMy WebLinkAboutOrdinances - ORD-09-1473 - 06/29/2009 - GROUNDWATER PROTECTION ORDINANCE EXPANDED AREA MRORDINANCE NO 0r�U-09-1473
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 3rd
Street, between Elm Street and Waukegan 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 I 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
the said chemical constituents;
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.
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 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 Six. Superceder.
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 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,
approval and publication as required by law.
Passed and Approved this 29TH day of JUNE , 2009.
Voting Aye: S,ANTI, GLAB, MURGATROYD, PETERSON, CONDON
Voting Nay: NONE
Not Voting: NONE
Abstaining: NONE
Absent: SCHAEFER, WIMMER.
I✓
Signed:--,� Mayor
Attest:
Attest:
// Cilfy Clerk
I C2
Oar
\777
ON
IM
�
o
Wiz-=q
Exhibit `B"
The properties subject to this ordinance are as follows:
- All properties bounded by Elm Street (Illinois Route 120) to the north, 3rd Street to the
east, Waukegan Road to the south, and Front Street (Illinois Route 31) to the west.
And
All properties bounded by Elm Street (Illinois Route 120) to the north, Boone Creek to
the north and east, Green Street to the east, Waukegan Road to the south, and 3rd Street to
the west.