G6-96 Ordinance No. G6-96
Amended
AN ORDINANCE
PROVIDING FOR MINIMUM AND MAXIMUM SETBACK ZONES FOR
DEEP WATER SUPPLY WELLS
WHEREAS, the City Council of the City of Elgin has
determined that it is necessary and desirable to adopt an
ordinance providing for minimum and maximum setback zones to
protect the deep water supply wells within the City; and
WHEREAS, 65 Illinois Compiled Statutes, Section
5/11-125-4 provides that corporate authorities of each
municipality served by a community water supply may by
ordinance adopt a minimum or maximum setback zone around a
wellhead pursuant to Section 14 . 2, 14 . 3, 14 .4 and 17 . 1 of the
Illinois Environmental Protection Act; and
WHEREAS, the City of Elgin is a home rule municipality as
defined in Article VII , Section 6A of the 1970 Constitution of
Illinois; and
WHEREAS, a home rule unit may exercise any power and
perform any function pertaining to its government and affairs;
fir•, and
WHEREAS, the adoption of an ordinance providing for
minimum and maximum setback zones for the deep water supply
wells within the City pertains to the government and affairs
of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
Section 1 . That Title 9 entitled "Health and Safety" of
the Elgin Municipal Code, 1976 , as amended, be and is hereby
further amended by adding Chapter 9 . 34 entitled "Setback Zones
for Deep Water Supply Wells" to read as follows :
"Chapter 9 . 34
Setback Zones for Deep Water Supply Wells .
9 . 34 . 010 Purpose and Intent.
The ordinance codified in this chapter is
adopted for the purpose of:
A. Securing the public health, safety and
welfare.
B. Preserving the quality and quantity of
ground water resources in order to assure a safe and
adequate water supply for present and future
generations .
C. Preserving ground water resources
currently in use and those aquifers having a
potential for future use as a public water supply.
9 . 34 . 020 Definitions .
A. "Community Water Supply Well" means a
water supply well established by the City of Elgin
and utilized for the City' s public water supply.
B. "Maximum Setback Zone" means the area
around a community water supply well designated
herein to be a distance of 1, 000 feet from the well
head of a community water supply well, except for
the well head of city well lA located near the
Airlite Street facility, also known as well 22165,
as defined by the Illinois Environmental Protection
Agency 1992 Well Site Survey Report, to which a
maximum setback zone shall not apply.
C. "Minimum Setback Zone" means the area
around a community water supply well designated
herein to be a distance of 200 feet from the well
heads of city wells 1A, 2A, 3A, 4A and 5A located
near the Airlite Street facility and 400 feet from
the well heads of city wells 1, 2, 3, 4, 5 and 6
located near the Slade Avenue facility.
D. Words or phrases as used in this chapter
and not herein defined shall be defined as provided
by 415 Illinois Compiled Statutes, 1993, Section 5/3
et seq. , as amended.
9 . 34 . 030 Potential Source or Route -- Minimum
Setback Zone.
A. The regulations of 415 Illinois Compiled
Statutes, 1993, Section 5/14 .2, as amended, are
adopted as the regulations for a minimum setback
zone on the establishment for the location of each
new potential source or new potential route.
9 . 34 . 040 Community Water Supply -- Maximum Setback
Zone.
The regulations of 415 Illinois Compiled
Statutes, 1993, Section 5/14 . 3, as amended, are
adopted as the regulations for a maximum setback
zone for a community water supply well .
9 . 34 . 050 Remedy for Injury or Damage Not Limited.
Nothing in this chapter shall be construed to
impair any cause of action, or legal or equitable
remedy therefore, of any person or the public, or
the City for injury or damage arising from the
discharge, emission or release into the water supply
or aquifers from any source whatsoever of any
materials in such place, manner or concentration as
to constitute water pollution or a common law
nuisance.
9 . 34 . 060 Penalty for Violation.
Any person, firm or corporation violating any
of the provisions of this chapter, in addition to
other legal and equitable remedies available to the
City, shall be fined as provided in Chapter 1 . 20 of
this code. Each day during which a violation of
this chapter continues or is permitted to exist
shall be considered a separate and distinct offense. "
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
e. hereby repealed.
Section 3 . That this ordinance shall be in full force
and effect ten days after its passage and publication in the
manner provided by law.
;44///
Kevin Kelly, May
Presented: March 13, 1996
Passed: March 13, 1996
Vote: Yeas 7 Nays 0
Recorded: March 14 , 1996
Published: March 15, 1996
Attest:
Dolonna Mecum, City Clerk