Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart L - BUILDING CONTROL TECHNOLOGIES › Appendix H - Memorandum of Understanding

Current through Register Vol. 48, No. 28, July 12, 2024
MEMORANDUM OF UNDERSTANDING BETWEEN
				  ___________ AND THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY REGARDING THE USE
				  OF A LOCAL GROUNDWATER OR WATER WELL ORDINANCE AS AN ENVIRONMENTAL
				  INSTITUTIONAL CONTROL
I. PURPOSE AND INTENT
A. This Memorandum of Understanding ("MOU")
				  between __________________ and the Illinois Environmental Protection Agency
				  ("Illinois EPA") is entered into for the purpose of satisfying the requirements
				  of 35 Ill. Adm. Code
				  742.1015
				  for the use of groundwater or water well ordinances as environmental
				  institutional controls. The Illinois EPA has reviewed the groundwater or water
				  well ordinance of ___________________________ (Attachment A) and determined
				  that the ordinance prohibits
the use of groundwater for potable purposes and/or the
				  installation and use of new potable water supply wells by private entities but
				  does not expressly prohibit those activities by the unit of local government
				  itself. In such cases, 35 Ill. Adm. Code
				  742.1015(a)
				   provides that the unit of local government
				  may enter into an MOU with the Illinois EPA to allow the use of the ordinance
				  as an institutional control.
B. The intent of this Memorandum of Understanding
				  is to specify the responsibilities that must be assumed by the unit of local
				  government to satisfy the requirements for MOUs as set forth at 35 Ill. Adm.
				  Code
				  742.1015(i).
II. DECLARATIONS AND ASSUMPTION OF RESPONSIBILITY
In order to ensure the long-term integrity of the
				  groundwater or water well ordinance as an environmental institutional control
				  and that risk to human health and the environment from contamination left in
				  place in reliance on the groundwater or water well ordinance is effectively
				  managed, ____________________ hereby assumes the following responsibilities
				  pursuant to 35 Ill. Adm. Code
				  742.1015(d)(2) and
				  (i):
A. ___________________ will notify the Illinois
				  EPA Bureau of Land of any proposed ordinance changes or requests for variance
				  at least 30 days prior to the date the local government is scheduled to take
				  action on the proposed change or request (35 Ill. Adm. Code
				  742.1015(i)(4)
				   );
B. ___________________ will maintain a registry of
				  all sites within its corporate limits that have received "No Further
				  Remediation" determinations in reliance on the ordinance from the Illinois EPA
				  (35 Ill. Adm. Code
				  742.1015(i)(5)
				   );
C. ___________________ will review the registry of
				  sites established under paragraph II. B. prior to siting public potable water
				  supply wells within the area covered by the ordinance (35 Ill. Adm. Code
				  742.1015(i)(6)(A)
				   );
D. ___________________ will determine whether the
				  potential source of potable water has been or may be affected by contamination
				  left in place at the sites tracked and reviewed under paragraphs II. B. and C.
				  (35 Ill. Adm. Code
				  742.1015(i)(6)(B)
				   ); and
E. ___________________ will take action as
				  necessary to ensure that the potential source of potable water is protected
				  from contamination or treated before it is used as a potable water supply (35
				  Ill. Adm. Code
				  742.1015(i)(6)(C)
				   ).
NOTE: Notification under paragraph II.
A. above or other communications concerning this MOU should
				  be directed to:
Manager, Division of Remediation
				  Management
Bureau of Land
Illinois Environmental Protection
				  Agency
P. O. Box 19276
Springfield, IL 62794-9276
III. SUPPORTING DOCUMENTATION
The following documentation is required by 35 Ill. Adm. Code
				  742.1015(i)
				  and is attached to this MOU:
A. Attachment A: A copy of the groundwater or
				  water well ordinance certified by the city clerk or other official as the
				  current, controlling law (35 Ill. Adm. Code
				  742.1015(i)(3)
				   );
B. Attachment B: Identification of the legal
				  boundaries within which the ordinance is applicable (certification by city
				  clerk or other official that the ordinance is applicable everywhere within the
				  corporate limits; if ordinance is not applicable throughout the entire city or
				  village, legal description and map of area showing sufficient detail to
				  determine where ordinance is applicable) (35 Ill. Adm. Code
				  742.1015(i)(2)
				   );
C. Attachment C: A statement of the authority of
				  the unit of local government to enter into the MOU (council resolution, code of
				  ordinances, inherent powers of mayor or other official signing MOU - attach
				  copies) (35 Ill. Adm. Code
				  742.1015(i)(1)
				   ).
IN WITNESS WHEREOF, the lawful representatives of the parties
				  have caused this MOU to be signed as follows:
FOR:
_______________________________
(Name of city or village)
BY:
_______________________________
DATE:
___________________________
(Name and title of signatory)
FOR:
Illinois Environmental Protection Agency
BY:
____________________________________
DATE:
______________________
Manager, Division of Remediation
							 Management Bureau of Land