HomeMy WebLinkAboutOrd 5846 04/06/2011 Prohibiting the use of groundwater as a potable water supplyORDINANCE NO. 5846
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 th day of April, 2011
Published in pamphlet form
by authority of the corporate authorities
of the Village of Mount Prospect, Illinois,
the 7 th day of April, 2011.
ORDINANCE NO. 5946
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:
That part of Lot 4 in Linneman's Division of the South 3/4 of the East half of the
North East quarter and of the West half of the North East quarter of Section 23,
Township 41 North, Range 11, East of the Third Principal Meridian and the
South 477.78 feet of the West half of the South East quarter of Section 14,
Township 41 North, Lange 11, East of the Third Principal Meridian, described as
follows:
Beginning at the South East corner of said Lot 4, being also the South East corner
of the said North East quarter of Section 23, and 9.22 feet North of the center line
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of Algonquin Road: thence North along the East line of said Lot 4 and the East
line of said North East quarter for a distance of 240.78 feet; thence West along a
line which is 200 feet (as measured along said East line) North of and parallel
with the North line of Algonquin Road, as dedicated by document record in the
Recorder's Office of Cook County, Illinois, as No. 11195787, for a distance of
250 feet; thence South parallel with the East line of Lot 4 for a distance of 239.63
feet to a point on the South line of said Lot 4, which point is 39.63 feet South of
the North line and 10.37 feet North of the center line of Algonquin Road; thence
East along the South line of Lot 4 and the South line of the North East quarter of
said Section 23, for a distance of 250 feet to the place of beginning, (excepting
from the above described premises that part'of Elmhurst Road and Algonquin
Road included in said dedication recorded as document 11195787), all in Cook
County, Illinois.
PIN: 08 -23- 203 - 020 -0000
COMMONLY KNOWN AS: 1798 S. Elmhurst Rd., 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.
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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
Absent:
Passed and Approved this 6th day of April ' 2011.
*
K. Wilks, May
Attest:
M. Lisa Angell, ji lage Clerk
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