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HomeMy WebLinkAboutOrd 5611 01/16/2007 ORDINANCE NO. 5611 AN ORDINANCE TO AMEND CHAPTER 9 (PUBLIC UTILITIES, PAVEMENT & TREE REGULATIONS) OF THE VILLAGE CODE OF MOUNT PROSPECT TO PROHIBIT THE USE OF GROUND WATER 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 16TH DAY OF JANUARY 2007 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 17TH day of January 2007. ORDINANCE NO. 5611 AN ORDINANCE TO AMEND CHAPTER 9 (PUBLIC UTILITIES, PAVEMENT & TREE REGULATIONS) OF THE VILLAGE CODE OF MOUNT PROSPECT TOPROHIBIT 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, IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION 1: That Section 9.413 entitled Use of Ground Water as a Potable Water Supply Prohibited of Chapter 9 of the Village Code is deleted in its entirety and a new Section 9.413 shall be inserted in its place which shall be and read as follows: "Section 9.413 PROHIBITED: USE OF GROUND WATER AS A POTABLE WATER SUPPLY A. Definitions: PERSON: Any individual, partnership, copartnership, firm, company, limited liability company, corporation, association, joint stock company, trust, political subdivision or any other legal entity, or their legal representatives, agents or assigns. POTABLE WATER: Any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. B. New Wells Prohibited: 1. Parties other than the Village of Mount Prospect: The use or attempted use of ground water as a potable water supply by the installation of drilling of wells or by any other method is prohibited. The foregoing shall not apply to uses or methods in existence before May 21, 1985, or to any use of wells by the Village of Mount Prospect. If an existing private well becomes unusable or inoperable for any reason, the users of that well shall immediately be required to connect to the Village water main. 2. Village of Mount Prospect: Memorandum of Understanding. Prior to the installation of a new public potable water supply the Village, the Village President shall enter into a memorandum of understanding with the Illinois Environmental Protection Agency ("IEPA") as required under Illinois Administrative Code Title 35, Section 742.1015. Pursuant to such memorandum of understanding, the Village will assume responsibility for tracking remediated sites, notifying the Illinois EP A of changes to this section, and taking certain precautions when selecting a location for a public potable water supply well. 3. Specific Site: "Except for uses or methods in existence before the effective date of the Ordinance prohibiting such use, the use or attempt to use as a potable water supply groundwater from within a 500 foot radius 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: 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 Road, Mount Prospect, IL" C. Unimproved Property: Any unimproved property within the Village shall, at the time it is improved, be connected to a Village water main in accordance with Subsection 15.502D of this code. iManage:186051_1 2 D. Annexation Required: Any parcel and/or building located outside the Village shall be required to annex to the Village prior to connection onto the Village water supply in accordance with subsection 15.308C of this code. E. Penalties: Any person found in violation of this section shall be subject to a fine as set forth in section 9.1 03 of this Chapter. SECTION 5: 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 6: 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 7: 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, Korn, Lohrstorfer, Skowron, Zadel Nays: None Absent: Corcoran Passed and Approved this 16th day of January 2007. ~6~ Attest: ,.,/: 1 I " .c ..' /)1 '"' ~---1'<') _,'~<e:!J.C; 'l(ry?(-c ~\ t :.-- . /~. ", ~ .-'" M. Lisa Angell, VilJage Clerk C:IDocuments and Settingslkdewis\Local SettingslTemporary Internet Files\OLK6B\Mount Prospect Ordinancepotablewaterjan2007.DOC iManage: 186051_ 1 3