S-1282 - 04/12/2010 - POTABLE WATER - Ordinances Supporting DocumentsITEM G.F.L)
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 13, 2010
SUBJECT: Groundwater Ordinance - Midwest & 22nd Street
FROM: Michael Hullihan P.E. Village Engineer
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: I move that the Village Board approve Ordinance S-
1282,AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A
POTABLE SUPPLY IN A DESIGNATED AREA
BackQround/Historv:
The property at the Northwest comer of Midwest Road and 22 "d Street is the site of a service
station. In the past; soil was contaminated at the site from leaking underground storage tanks.
While remediation efforts have taken place, there is sufficient residual contamination to present a
hazard if the groundwater from this site should be used for human consumption. Under
regulations promulgated by the U.S. Environmental Protection Agency (USEPA) and
administered by the Illinois Environmental Protection Agency (IEPA) a tiered approach to
corrective action (TACO) is recognized as an effective method of regulating required
remediation. One method of reducing the remediation is statutory control by the municipality to
insure that contamination does not endanger the public. The attached ordinance serves as such a
statutory control.
Recommendation:
I recommend approval of the attached ordinance.
ORDINANCE 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.
Section 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 $100.00 for each violation.
Section 4: Definitions.
"Person" is any individual, partnership, co- partnership, firm, company, limited liability company,
corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity,
or their legal representatives, agents or assigns.
"Potable water" is any water used for human or domestic consumption, including, but not limited
to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.
Section 5: If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance.
Section 6: All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
Ordinance 2010- PW -WA -S -1282
Prohibit Groundwater for Potable Use
Page 2 of 3
Section 7: This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 23rtl day of March, 2010.
PASSED THIS 23rd day of March, 2010.
Absent:
John W. Craig
Village President
ATTEST:
Charlotte K. Pruss
Village Clerk
a
Ordinance 2010- PW -WA -S -1282
Prohibit Groundwater for Potable Use
Page 3 of 3
EXHIBIT A
WEST END RD
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---- W. 22W STREET
LELEND: SERVICE STATION 11118821
2210 WEST 22nd STREET
ls� . 60Rwc -CCIII N OAK BROOK ILLINOIS
Q = rw0wroamc WLL LOCATON /j\ FIGURE 7
- 1101ERTV DQUI �C�]�{ PROPOSED LIMITED GROUNDWATER
ORDINANCE AREA
NORTH or m. 2010
EsTl. >I D cxrtNT OF 0 85 I70 "D ++
CRDUNDwaTER oRD1N4rILE 46195447
SCALE IN FEET JMM �yGG awIL° �asem'a
-Il$ $HGWN fAF:E (Ji2)1GHPG�500