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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($500.00)for each violation. Section 3. Definitions. "Person" is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns. "Potable water" is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. Section 4. Repealer. All ordinances or parts of ordinances in conflict with this ordinance are here repealed insofar as they are in conflict with this ordinance. Section 5. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudicated invalid. Section 6. Effective date. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 12th day of April, 2016. Gopal G. Lalmalani Village President PASSED THIS 12th day of April, 2016. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk EXHIBIT A Area Affected by Limited Groundwater Use Restriction Ordinance Adjacent to 2200 W. 22nd St s b All I oil sat �►r H �i • W! K xn � " eY v ♦ h am - K P Q h N N h IV N 4 ' 1 a � J I N All A Vi Ni j an d n i 4 \ 1 NaY3 MBC/Rf Et4�.O.i'A'.r'eM�fh�iN J!MD::[i4�HW�1 MG aiA4it ..Y]I}f1V?R+/l.if EXHIBIT B Area Affected by Limited Groundwater Use Restriction Ordinance West of Midwest Road and South of Butterfield Road r " } s � � � r Parcel Identification Number rt 1 06 22.31. 6 2 0£-22.301-060 06.22.303.042' r$ 4 i36»22-303.041 #1 (Site) a Area,Subject to the Village Limited Groundwater Ordinance r' r� 1 y. d r t r 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