HomeMy WebLinkAboutOrd 5415 02/17/2004
ORDINANCE NO. 5415
AN ORDINANCE AMENDING SECTION 9.413 "USE OF WELLS"
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
Passed and approved by
the President and Board of Trustees
the 17th day of February, 2004
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 18th day of February, 2004
ORDINANCE NO. 5415
AN ORDINANCE AMENI)ING SECTION 9.413 "USE OF WELLS"
PROHIBITING THE USE OF GROUNDWATER AS ,A POl'~J.I.E W ,AT~R. .
SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY
WELLS OR BY ANY OTHER METHOD
WHEREAS, certain properties in the Village of Mount Prospect, Illinois have
been used over a period of time for commerciallindustrial purposes; and
WHEREAS, because of said use, concentrations of certain chemical constituents
in the groundwater beneath the Village 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 desires to limit potential threats to human health from
groundwater contamination while facilitating the redevelopment and productive use of
properties that are the source of said chemical constituents;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK
COUNTY, ILLINOIS:
SECTION 1: Section 9.413, Use of Wells, shall be deleted in its entirety and a
new Section 9.413 entitled "Use Of Groundwater As A Potable Water Supply Prohibited"
shall be inserted in place thereof and shall be and read as follows:
9.413
Use of groundwater as a potable water supply prohibited.
A.
Definitions.
"Person" is any individual, partnership, co-partnership, 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" 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.
B.
New Wells Prohibited.
The use or attempted use of groundwater as a potable water supply
by the installation or 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 ofthat well shall
immediately be required to connect to the Village water main.
c.
Memorandum of Understanding.
Prior to the installation of a new public potable water supply by the
Village, the Village President shall enter into a Memorandum of
Understanding with the Illinois Environmental Protection Agency
("Illinois EP A") 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
ordinance, and taking certain precautions when selecting a location
for a public potable water supply well.
D.
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 Section 15.502D.
E.
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 Section 15.308C.
F.
Penalties.
Any person found in violation of this Section shall be subject to a
fine as set forth in Section 9.103 of this Chapter.
SECTION 2: All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed insofar as they are in conflict with this ordinance.
SECTION 3: 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 ofthe ordinance as a whole or of any portion not adjudged invalid.
SECTION 4: Effective Date. This ordinance shall be in full force and effect
from and after its passage, approval and publication as required by law.
AYES: Hoefert, Lohrstorfer, Skowron, Wilks, Zadel
NAYES: None
ABSENT: Corcoran, Farley
PASSED and APPROVED this 1 ih day of February, 2004.
~¡)Æ
IVana K. Wilks, Mayor Pro Tem
Velma