S-1457 - 04/12/2016 - WATER - Ordinances Supporting Documents ITEM 8.B.2)
BOARD OF TRUSTEES MEETING
VILLAGE OF SAMUEL E. DEAN BOARD ROOM
OAK B R92,.'K BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 12, 2016
SUBJECT: Groundwater Ordinance
FROM: Doug Patchin, Public Works Director f
i
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move the Village Board approve
Ordinance 2016-WA-WELL-S-1457
LIMITED AREA GROUNDWATER 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 IN A
DESIGNATED AREA OF THE VILLAGE OF OAK BROOK, ILLINOIS.
Background/History: In 2013 ORDINANCE 2013-WA-WELL-S-1375 was passed by
the Village Board. This action was due to groundwater and soil contamination caused by
a leaking underground storage tank, located at the gas station on the northwest corner of
22°a Street and Midwest Road. The designated area in the original ordinance is depicted
on Exhibit A. The request to extend the prohibited area came from a property developer
on the southwest corner of Midwest Road and Butterfield Road in Oakbrook Terrace;
Oakbrook Terrace is also looking at extend the prohibited area in their town. This new
ordinance covers the area depicted in Exhibit B.
Recommendation:
Staff recommends the Village Board approve Ordinance 2016-WA-WELL-S-1457.
Page 1 pig,
AGENDA
ORDINANCE 2016-WA-WELL-S-1457
LIMITED AREA GROUNDWATER 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
IN A DESIGNATED AREA OF THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, certain properties in the Village of Oak Brook, Illinois 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 the Village of Oak Brook may exceed Class I groundwater quality standards for
potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier I remediation
objectives as set forth in 35 Illinois Administrative Code 742: and
WHEREAS, the Village of Oak Brook desires to limit potential threats to human health from
groundwater contamination while facilitating the redevelopment and productive use of properties that are
the source of said chemical constituents within that area of the Village of Oak Brook depicted on Exhibit A
attached hereto and made a part hereof located adjacent to property at the Northwest corner of Midwest
Road and West 22"d, and on that area of the Village of Oak Brook depicted on Exhibit B attached hereto
and made a part hereof located East of Midwest Road and South of Butterfield Road,
(06-22-303-042, 06-22-303-041);
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1: The use or attempt to use as a potable water supply groundwater from within the
corporate limits of the Village of Oak Brook in that area depicted on Exhibit A and on Exhibit B as a
potable water supply, by the installation or drilling of wells or by any other method is hereby prohibited.
This prohibition expressly includes the Village of Oak Brook.
Section 2: Penalties. Any person violating the provisions of this ordinance shall be subject to a
fine of up to five hundred dollars($500.00)for each violation.
Section 3. 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 4. Repealer. All ordinances or parts of ordinances in conflict with this ordinance are here
repealed insofar as they are in conflict with this ordinance.
Section 5. 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 adjudicated invalid.
Section 6. Effective date. This ordinance shall be in full force and effect from and after its
passage, approval and publication as required by law.
APPROVED THIS 12th day of April, 2016.
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of April, 2016.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
EXHIBIT A
Area Affected by Limited Groundwater Use Restriction Ordinance Adjacent to 2200 W. 22nd St
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EXHIBIT B
Area Affected by Limited Groundwater Use Restriction Ordinance
West of Midwest Road and South of Butterfield Road
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Limited Groundwater Ordinance
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DUALITY ENVIRONMENTAL SOLUTIONS JOB IIW615 Butterfield Rd,Oakbrook Terrace,IL
LOCATION:
DATE DESIGNED CHECKED APP'D SCALE I uNrr TITLE: Proposed Limited Groundwater Ordinance Map
03110/16 P.Y. J.Y. JOB NO: 14069 PHASE: c:AP FIG: 001