G-1007 - 07/09/2013 - WATER-WELL - Ordinances Supporting DocumentsITEM 7.17.1)
ITEM 7.17.5)
Y r
AGENDA ITEM
Regular Board of Trustees Meeting
of
July 9, 2013
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 S -1375,
Limited Area Groundwater Ordinance Prohibiting The Use Of Groundwater As A Potable
Water Supply AND Ordinance 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
Background/History:
The property at the Northwest corner of Midwest Road and 22nd 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.
A similar ordinance was passed in 2011, but the IEPA has found deficiencies in the way it was
included in the Village Code. This ordinance corrects those deficiencies.
Recommendation:
I recommend approval of the attached ordinance.
to
ORDINANCE 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"), 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 WaterRegulation'�; 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 ( "IEPA ") 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- 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- 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 9th day of July, 2013.
PASSED THIS 9'h day of July, 2013.
Nays:
Gopal G. Lalmalani
Village President
ATTEST:
Charlotte K. Pruss
Village Clerk
ORDINANCE 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 commercial1industrial 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 22 "d 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.
Ayes:
Nays:
Absent:
Ordinance 2013 -WA- WELL -S -1375
Limited Area Groundwater Ordinance
Prohibiting Use of Groundwater as
Potable Water Supply
Page 2 of 6
APPROVED THIS 91" day of July, 2013.
Gopal G. Lalmalani
Village President
PASSED THIS 9t' day of July, 2013.
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"" St
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Ordinance 2013 -WA- WELLS -1375
Limited Area Groundwater Ordinance
Prohibiting Use of Groundwater as
Potable Water Supply
Page 4 of 6
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Ordinance 2013 -WA- WELL -S -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 22"" St & along Rt. 83
a,
Ordinance 2013 -WA- WELL -S -1375
Limited Area Groundwater Ordinance
Prohibiting Use of Groundwater as
Potable Water Supply
Page 6 of 6
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