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S-1282 - 04/13/2010 - POTABLE WATER SUPPLY - OrdinancesORDINANCE 2010- PW -WA -S -1282 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 a five hundred seventy five foot (575') radius of certain property located at the Northwest corner of Midwest Road and West 22ntl Street in the Village of Oak Brook as depicted on Exhibit A which is attached hereto and made a part hereof; 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 foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. action 2: 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 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 3: Penalties. Any person violating the provisions of this ordinance shall be subject to a fine of up to $100.00 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: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. Section 6: All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Ordinance 2010 -PW- WAS -1282 Prohibit Groundwater for Potable Use Page 2 of 3 Section 7: This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 13th day of April, 2011 PASSED THIS 13th day of April, 2010. Ayes: Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis None None ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2010 -PW -WAS -1282 Prohibit Groundwater for Potable Use Page 3 of 3 EXHIBIT A WEST END RD �s O W 22nd STREW a i 5x yP Cp i� rog 4� SERVICE STATION 0118821 2210 WEST 22nd STREET - BORING LOCATION OAK BROOK, ILLINOIS ! $ = MONITORING KLL 40CATON FIGURE 7 sgg - RRORERry eourvOARr PROPOSED LIMITED GROUNDWATER s _ ORDINANCE AREA NORM Mar Ot, .OtO ES 'MATED ENENi 0 BS IJO RGUNGWIER ORDINANCE 4619544) Um F SCALE IN FEET MIN, IGG ' w ml�c sulrt sw c.RO, Iwrvoe eoem Qv In. JI3] 9.] sly C6 As SHOWN . A� a