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