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S-1322 - 10/11/2011 - WATER - Ordinances Supporting DocumentsIPPEM 6.G.3) it it I 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 ($500.00) for each violation. Section 3: Definitions. "Person" is any individual, partnership, co- partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns. "Potable water" is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. Section 4: Repealer. All ordinances or parts of ordinances in conflict with this ordinance are here repealed insofar as they are in conflict with this ordinance. Section 5: Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudicated invalid. Section 6: Effective date. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Nays: Absent: Ordinance 2011 -WA- WELLS -EXI -S -1322 Prohibiting Groundwater as Potable Water Supply Page 2 of 4 APPROVED THIS 11th day of October, 2011. Gopal G. Lalmalani Village President PASSED THIS 11th day of October, 2011. ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2011 -WA- WELLS -EX1 -S -1322 Prohibiting Groundwater as Potable Water Supply Page 3 of 4 EXHIBIT A Area Affected by Limited Groundwater Use Restriction Ordinance `1 -- - ' I i 1 e °a Ordinance 2011 -WA-WELLS-EX I -S-1 322 Prohibiting Groundwater as Potable Water Supply Page 4 of 4 a II �����x��xxx��xxx�xxxxx�xxxx�xxx�= °�H »' NON NNVtiutiNH''NSuvv ����xxxx�o��s��000��00000000�o�" : x oo��Nmme�u$ N �ex x $x s