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
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