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HomeMy WebLinkAboutG57-06 (2) • Ordinance No. G57-06 AN ORDINANCE PROHIBITING THE USE OF WATER WELLS WITHIN A DEFINED AREA OF THE CITY WHEREAS, certain property in the City of Elgin, commonly known as 75 Kimball Street, has been used over a period of time for commercial and industrial purposes; and WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater beneath the property legally described 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 WHEREAS, the City of Elgin desires to accomplish these goals by prohibiting the use of groundwater as a potable water supply from the real property legally described in Exhibit A, an area roughly bounded by Franklin Street on the north, Douglas Avenue on the east, Highland Avenue on the south, and the Fox River on the west. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. 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 legally described in Exhibit A, an area roughly bounded by Franklin Street on the north, Douglas Avenue on the east, Highland Avenue on the south, and the Fox River on the west. Section 2. 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. 4 t Section 3. Restrictions binding on City. Except for the provisions of Section 4, all restrictions contained in this ordinance shall be binding on the City. Section 4. Penalties. Any person violating the provisions of this section shall be subject to a fine of up to $500.00 for each violation. Section 5. 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 6. 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 7. This ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Ed Schock, Mayor Presented: July 12, 2006 Passed: July 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 13, 2006 Published: Attest: /�q Dolonna Mecum, City Clerk EXHIBIT A That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the intersection of the West line of Grove Avenue with the North line of Franklin Street; thence East along said North line to its intersection with the East line of Brook Street; thence South along said East line to its intersection with the North line of Kimball Street; thence East along said North line to its intersection with the East line of Douglas Avenue; thence South along said East line to its intersection with the South line of Highland Avenue; thence West and Southwesterly along the Southerly line of said Highland Avenue to its intersection with the Easterly Bank of the Fox River; thence Northwesterly along said Easterly Bank to its intersection with the North line of Kimball Street; thence East along said North line to its intersection with the West line of Grove Avenue; thence North along said West line to the point of beginning, in the City of Elgin, Kane County, Illinois.