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S-1375 - 07/09/2013 - WATER-WELL - OrdinancesORDINANCE 2013 —WA- WELL -S -1375 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, and on that area of the Village of Oak Brook depicted on Exhibit B attached hereto and made a part hereof located East of 22nd Street and along Route 83; 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 9" day of July, 2013. PASSED THIS 91" day of July, 2013. Ordinance 2013 -WA- WELL -S -1375 Limited Area Groundwater Ordinance Prohibiting Use of Groundwater as Potable Water Supply Page 2 of 6 Village President Ayes: Trustees Adler, Manzo, Moy, Wolin, Yusuf Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2013 -WA- WELL -S -1375 Limited Area Groundwater Ordinance Prohibiting Use of Groundwater as Potable Water Supply Page 3 of 6 EXHIBIT A Area Affected by Limited Groundwater Use Restriction Ordinance Adjacent to 2200 W. 22 n St i 1 I , I , �I I 1� I Ordinance 2013 -WA- WELL -S -1375 Limited Area Groundwater Ordinance Prohibiting Use of Groundwater as Potable Water Supply Page 4 of 6 ❑�0 ® ®au_ v_ono aU_u _e - - . - _ - - - I A s����xxxxxxsxxxxxxxxxxxxxxxxxxx�� e �� NdNddbA »dd »'vddddw' »v »ddvd�° p 4 2 „ss N s�eges�sm�sgms�a� � s 8� Ordinance 2013 -WA- WELLS -1375 Limited Area Groundwater Ordinance Prohibiting Use of Groundwater as Potable Water Supply Page 5 of 6 EXHIBIT B Area Affected by Limited Groundwater Use Restriction Ordinance East of 22nd St & along Rt. 83 f7 I ✓, n� III Uf M Co w 0 C Ordinance 2013 -WA- WELL -S -1375 Limited Area Groundwater Ordinance Prohibiting Use of Groundwater as Potable Water Supply Page 6 of 6 _ - -- i6tb STREET 657 b � I I� l a g o � o � a i 22nd STREET PINS Affected: 06 -23- 300 -029; 0623 - 300 -095; 06 -23- 300 -046, AND �N Odhedy Right -of -way of Route 83 & Eestedy Right-of -Way of 22nd Stadjacent to parcels