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HomeMy WebLinkAboutOrd 5845 04/06/2011 Prohibiting the use of groundwater as a potable water supplyORDINANCE NO. 5845 AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OF USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD Passed and approved by the President and Board of Trustees the 6 day of April, 2011 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7 t " day of April, 2011. ORDINANCE NO. 5$45 AN 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 WHEREAS, the Village of Mount Prospect is a home rule unit pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois; and WHEREAS, the Village has authority and power to regulate for the protection of the public health and welfare; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have found that the property legally described below is located in the Village of Mount Prospect and has 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 in the vicinity of the said property may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS, the Village of Mount Prospect desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of the properties that are or may be impacted with the said chemical constituents; NOW, THEREFORE, Be It Ordained by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1: Use of Groundwater as a Potable Water Supply Prohibited. Except for uses or methods in existence before the effective date of this Ordinance, the use or attempt to use as a potable water supply groundwater from within 500 feet of the boundaries of the property legally described below by the installation or drilling of wells or by any other method is hereby prohibited, including points of withdrawal by the Village of Mount Prospect: THE WEST 150 FEET, AS MEASURED ALONG THE NORTH AND SOUTH LINES, OF LOT 9 IN BUSSE COUNTRY ESTATES BEING A SUBDIVISION OF THE WEST 25 ACRES OF THAT PART OF THE WEST HALF OF THE NORTH WEST QUARTER OF SECTION 14 TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF SEEGERS ROAD, IN COOK COUNTY, ILLINOIS, EXCEPTING THEREFROM THAT PART TAKEN BY THE STATE OF ILLINOIS FOR THE USE OF THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS IN A DEED DATED JULY 31, 1969 AND REGISTERED AUGUST 20, 1969 AS DOCUMENT LR 2467767 CONVEYING THAT PART DESCRIBED AS FOLLOWS: Manage #186051 v3 BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 9 A DISTANCE OF 25 FEET TO A POINT; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE A DISTANCE OF 38.59 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 9, DISTANT 25 FEET SOUTHEAST OF THE SOUTHWEST CORNER THEREOF, THENCE NORTHWESTERLY ALONG SAID SOUTHERLY LINE OF LOT 9 A DISTANCE OF 25 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS PIN: 08 -14- 106 -014 Commonly Known as: 927 S. Busse Hwy., Mt. Prospect, IL SECTION 2: Penalties. Any person violating the provisions of this Ordinance shall be subject to a fine of up to $750.00 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 herein 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 adjudged invalid. SECTION 6: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the newspaper as required by law. Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None i Manage: 186051_3 2 Absent: None Passed and Approved this 6th day of April , 2011. Irvana K. Wilks, Vill4ge Attest: M. Lisa Angell, V age Clerk i Manage: 186051_3