Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart L - BUILDING CONTROL TECHNOLOGIES › Appendix G - Model Ordinance

Current through Register Vol. 48, No. 28, July 12, 2024
ORDINANCE NUMBER
___________
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, certain properties in the City [Village]
				  of__________ , Illinois have 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 beneath the City [Village] may exceed
				  Class I groundwater quality standards for potable resource groundwater as set
				  forth in 35 Illinois Administrative Code 620 or Tier 1 remediation objectives
				  as set forth in 35 Illinois Administrative Code 742; and
WHEREAS, the City [Village] of _________________ 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 CITY COUNCIL OF THE
				  CITY [VILLAGE] OF ________________ , ILLINOIS:
Section One. Use of groundwater as a potable water
				  supply prohibited.
[Except for such 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 the corporate limits of the City
				  [Village] of _____________ , as a potable water supply, by the installation or
				  drilling of wells or by any other method is hereby prohibited. This prohibition
				  [expressly includes] [does not include] the City [Village] of
				  ______________-.
Section Two. Penalties.
Any person violating the provisions of this
				  ordinance shall be subject to a fine of up to ___________ for each
				  violation.
Section Three. 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 Four. Memorandum of Understanding.
[This Section is only necessary if ordinance does
				  not expressly prohibit installation of potable water supply wells by the city
				  or village - could be separate resolution]
The Mayor of the City [Village] of
				  ____________________ is hereby authorized and directed to enter into a
				  Memorandum of Understanding with the Illinois Environmental Protection Agency
				  ("Illinois EPA") in which the City [Village] of _________________ assumes
				  responsibility for tracking all sites that have received no further remediation
				  determinations from the Illinois EPA, notifying the Illinois EPA of changes to
				  this ordinance, and taking certain precautions when siting public potable water
				  supply wells.
Section Five. Repealer.
All ordinances or parts of ordinances in conflict
				  with this ordinance are hereby repealed insofar as they are in conflict with
				  this ordinance.
Section Six. 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 Seven. Effective date.
This ordinance shall be in full force and effect
				  from and after its passage, approval and publication as required by law.
ADOPTED:
__________________
APPROVED:
__________________
(Date)
(Date)
______________________________
_______________________________
(City Clerk)
(Mayor)
Officially published this ____________ day of ___________,
				  20_________.