HomeMy WebLinkAboutG41-25 Ordinance No. G41-25
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 AT 835 WALNUT
AVENUE, ELGIN, ILLINOIS, 60123 AND SURROUNDING PROPERTIES
WHEREAS, a certain property in the City of Elgin, commonly known as 835 Walnut
Avenue, 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 MAYOR AND 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 commonly known as 835 Walnut Avenue, Elgin,
Illinois, 60123 and surrounding properties. in the City of Elgin, Kane County, Illinois. depicted in
the exhibit prepared by Hydrodynamics Consultants. Inc., entitled Groundwater Ordinance Area
dated June 4, 2024, and attached hereto and made a part hereof as Exhibit A,and legally described
in Exhibit B, attached hereto and made a part hereof.
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.
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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 ordinance
are hereby repealed insofar as they are in conflict with this ordinance.
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 ally portion not adjudged invalia.
Section 8. Effective Date. This ordinance shall be in full force and effect upon its passage
and publication in the manner provided by law.
David J. Kap in, M or
Presented: September 24, 2025
Passed: September 24, 2025 •
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: September 24, 2025
Published: September 24, 2025
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Kimberly D is, .ity Clerk N }�