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HomeMy WebLinkAboutOrd 5850 04/19/2011 Prohitiing the use of groundwater as a potable water supplyORDINANCE NO. 5850 AN ORDINANCE PROHITBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD Passed and approved by the President and Board of Trustees the 19 day of April, 2011 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 2 0 th day of April, 2011 ORDINANCE NO. 5850 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 rile 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 I 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. The use or attempt to use as a potable water supply groundwater located within a 600 foot radius of the point identified as the southwest corner of lots 21 and 22 in Busse 's resubdivision of lots I to 6, inclusive, of the resubdivision of lots I to 6, inclusive, in block l; also of lots 2 and 3 in block 5; all of block 6; lots 13 to 24, inclusive in block 7; lots 17 to 20, inclusive, in block 8; all of Meier's addition to Mount Prospect, a subdivision in the northtivest 1 4 of Section 12, Township ll North, Range 11, east of the third principal meridian in Crook County, Illinois, as depicted on the attached plat of survey (this location is further defined as having latitude of 42"03'48.91 "N and a longitude of 87 ° 56'21.05 "W) as a potable water supply, by installation or drilling of wells or by any other method is hereby prohibited. This prohibition expressly includes the Village of Mount Prospect. Commonly Known as: 127, 129 and 131 W. Prospect Avenue, Mt. Prospect, IL 264594_1 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 Absent: None Passed and Approved this 19` day of April, 2011. v 6 Ir na K. Wilks Mayor Attest: Village lerk 264594_1