HomeMy WebLinkAboutG38-20 CertifiedState of Illinois )
County of Kane) ss
City of Elgin )
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
ORDINANCE NO. G38-20
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 WITHIN A DEFINED AREA OF THE CITY OF ELGIN NEAR THE
INTERSECTION OF BIG TIMBER ROAD AND MCLEAN BOULEVARD
passed by the Elgin City Council at its legally convened meeting held on October 14, 2020.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this December 29, 2020.
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(SEAL)
Ordinance No. G38-20
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 WITHIN A DEFINED AREA OF THE CITY OF ELGIN NEAR THE
INTERSECTION OF BIG TIMBER ROAD AND MCLEAN BOULEVARD
WHEREAS, certain properties in the City of Elgin, near the intersection of Big Timber
Road and McLean Boulevard 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 beneath the property depicted in Exhibit A 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 City of Elgin 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 chemical constituents; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. Recitals. The foregoing recitals are incorporated herein as findings of the Mayor
and City Council.
Section 2. Definitions. The terms and words used in this ordinance shall be used,
interpreted and defined as set forth in this Section:
"Person"' shall mean 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" shall mean any water used for human or domestic consumption, including, but not
limited to, water used for drinking, bathing, swimming, washing dishes, preparing foods, or
watering gardens in which produce intended for human consumption is grown.
"the Property" shall mean that real property near the intersection of Big Timber Road and McLean
Boulevard, in the City of Elgin, Kane County, Illinois, depicted in the exhibit prepared by ATC
Group Services, LLC entitled Proposed Groundwater Ordinance Area dated April 20, 2020, and
listed within the property descriptions, attached hereto and made a part hereof as Exhibit A.
Section 3. Use of groundwater as a potable water supply prohibited. The use or attempt to
use as a potable water supply, groundwater from the Property, by the installation or drilling of
wells on or at the Property or by any other method on or at the Property is hereby prohibited.
Section 4. Restrictions binding on City. Except for the provisions of Section 5, all
restrictions contained in this ordinance shall be binding on the City.
Section 5. Penalties. Any person violating the provisions of this section shall be subject to
a fine of up to $500.00 for each violation.
Section 6. Repealer. All ordinances or parts of ordinances in conflict with this section are
hereby repealed insofar as they are in conflict with this section.
Section 7. Severability. If any provision of this section or its application to any person or
under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the
section as a whole or of any portion not adjudged invalid.
Section 8. Effective Date. This ordinance shall be in full force and effect upon its passage
and publication in the manner provided by law.
avid J. Kapf'T1n:N4fyor
Presented: October 14, 2020
Passed: October 14, 2020
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: October 14, 2020
Published: October 16, 2020
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Kimberly De i , Ci Clerk
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EXHIBIT A
PROPOSED GROUNDWATER ORDINANCE AREA
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PROPERTIES INCLUDED WITHIN ORDINANCE AREA
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EXHIBIT A
PROPOSED GROUNDWATER ORDINANCE AREA
AND
PROPERTIES INCLUDED WITHIN ORDINANCE AREA
PROPERTY DESCRIPTIONS:
Parcel Identification Number 06-03-351-029
Speedway LLC No. 7514 located at 1570 Big Timber Road, Elgin, Illinois
Parcel Identification Number 06-03-351-046
1600 Big Timber Road, Elgin, Illinois
Parcel Identification Number 06-03-351-003
1120 N McLean Boulevard, Elgin, Illinois
Parcel Identification Number 06-03-376-027
1520 Big Timber Road, Elgin, Illinois
Parcel Identification Number 06-10-102-005
No address available
Metra Train Parcel at Southwest corner of Big Timber Road and North McLean Boulevard
No address for Parcel Identification Number available