S-1322 - 10/11/2011 - WATER - Ordinances Supporting DocumentsIPPEM 6.G.3)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
October 11, 2011
SUBJECT: Groundwater Ordinance
FROM: Michael Hullihan P.E. Village Engineer
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: I move that the Village Board approve ORDINANCE
2011 -WA- WELL -EX1 -S -1322
LIMITED AREA GROUNDWATER ORDINANCE PROHIBITING THE USE OF
GROUNDWATER AS A POTABLE WATER SUPPLY
Background/History:
The property at the Northwest corner 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.
( K)
ORDINANCE 2011 -WA- WELL -EX1 -S -1322
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 22nd;
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 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.
Nays:
Absent:
Ordinance 2011 -WA- WELLS -EXI -S -1322
Prohibiting Groundwater as Potable Water Supply
Page 2 of 4
APPROVED THIS 11th day of October, 2011.
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of October, 2011.
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2011 -WA- WELLS -EX1 -S -1322
Prohibiting Groundwater as Potable Water Supply
Page 3 of 4
EXHIBIT A
Area Affected by Limited Groundwater Use Restriction Ordinance
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Ordinance 2011 -WA-WELLS-EX I -S-1 322
Prohibiting Groundwater as Potable Water Supply
Page 4 of 4
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