G-1007 - 07/09/2013 - WATER-WELL - OrdinancesORDINANCE 2013 -WA -WELL- REPEAL -G -1007
AN ORDINANCE REPEALING SUBSECTION D OF SECTION 5 (PROHIBITED ACTS OR
CONDITIONS) OF CHAPTER 2 (VILLAGE WATER SYSTEM)
OF TITLE 8 (PUBLIC WORKS) OF THE VILLAGE CODE
WHEREAS, pursuant to Ordinance 2013 -WA- WELL -EX -G -992 ( "Ordinance 992'1, the Village
amended Title 8 (Public Works), Chapter 2 (Village Water System), Section 5 (Prohibited Acts or
Conditions) of the Village Code of the Village of Oak Brook, Illinois ( "Village Code") to prohibit the use of
groundwater from those locations in the Village specified in Section 8 -2 -5d of the Village Code
(collectively, "Property') as a potable water supply ( "Potable Water Regulation"); and
WHEREAS, Ordinance 992 was passed because the Property has been used over a period of
time for commercial or industrial purposes and because of said use, concentrations of certain chemical
constituents in the groundwater located within those locations 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 Illinois Environmental Protection Agency ( "/EPA ") requires Potable Water
Regulations to be adopted by municipalities in an ordinance that is in strict conformance with IEPA
substantive and formatting standards so that property owners can apply for and receive certain types of
IEPA approvals; and
WHEREAS, the Village has received notification that the IEPA has determined that Ordinance
992 is not in strict compliance with its standards; and
WHEREAS, on July 9, 2013, the Village re- adopted the Potable Water Regulation in Ordinance
2013 -WA- WELL -S -1375 to ensure that the Potable Water Regulation are adopted by an ordinance that
more strictly conforms to IEPA standards; and
WHEREAS, the Village desires to remove the Potable Water Regulation from the Village Code to
avoid redundancy with Ordinance 2013 -WA- WELL -S -1375; and
WHEREAS, the President and Board of Trustees, being fully advised in the premises, have
determined that it is in the best interests of the Village and its residents to amend Section 8 -2 -5 of the
Village Code;
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: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Section 8 -2 -5 of the Village Code. Section 5, entitled "Prohibited
Acts or Conditions," of Chapter 2, entitled "Village Water System," of Title 8, entitled 'Public Works," of
the Village Code shall be amended further, and shall read as follows:
"8 -2 -5: PROHIBITED ACTS OR CONDITIONS:
A. Tampering With Water System: It shall be unlawful for any person, or other entity not
authorized by the Village, to connect to, tamper with, alter, operate or injure any part
of the Village water system, or any water meter or to introduce any substance into
any water pipes, lines or mains connected to or forming a part of the system without
written approval of the Village.
B. Resale Of Water: No water from the Village water system shall be resold or
distributed by any purchaser to any other premises other than that for which
application has been made and approved except in case of an emergency and with
the approval of the Public Works Director.
C. Private Well Connections Prohibited: No connection between the Village water
system and a private water well shall be permitted and it shall be unlawful to make or
continue any such connection.
Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a
court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and
effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose
and intent of this Ordinance to the greatest extent permitted by applicable law.
Section 4: Effective date. This ordinance shall be in full force and effect from and after its
passage, approval, and publication as required by law.
[SIGNATURE PAGE FOLLOWS]
APPROVED THIS 9" day of July, 2013.
PASSED THIS 91" day of July, 2013.
Gopal G. Lalmalani
Village President
Nays: Nn"p
Trustee Baar
ATTEST:
Charlotte K. Pruss
Village Clerk