G37-05 (2) Ordinance No. G37-05
AN ORDINANCE
PROHIBITING WATER WELLS WITHIN A DEFINED AREA OF THE CITY
(161 S. Grove Avenue-Par Development Townhome Site)
WHEREAS, certain property in the City of Elgin, as legally described in Exhibit A,
commonly known as 161 S. Grove Avenue, Elgin, Kane County, Illinois 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 groundwater
quality standards for resource groundwater; 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; and
WHEREAS, the City of Elgin desires to accomplish these goals by prohibiting the
construction, installation, maintenance or operation of a water well from the property described
in Exhibit A.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. Defmitions. 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.
"The Property" shall mean the property commonly known as 161 S. Grove
Avenue, Elgin, Kane County, Illinois and legally described on Exhibit A attached
hereto.
Section 2. No person shall construct, install, maintain, or operate a water well at The
Property legally described in Exhibit A attached hereto. All water supplies and water services
for The Property must be obtained from a public water supply system. The provisions of this
ordinance shall be applicable to all water usage including, but not limited to, domestic,
industrial/commercial uses and outdoor watering.
Section 3. Restrictions binding on City. Except for the provisions of Section four 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hereby repealed insofar as they are in conflict with this ordinance.
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.
s/Ed Schock
Ed Schock, Mayor
Presented: March 9, 2005
Passed: March 9,2005
Vote: Yeas: 6 Nays: 0
Recorded: March 10, 2005
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
(
EXHIBIT A
Lots 3, 4, 17, 18 and part of Lots 5 and 16 in Block 1 of 0. Davidson's Addition to Elgin, being
a subdivision of part of the Southwest Quarter of Section 13, Township 41 North, Range 8 East
of the Third Principal Meridian, also Lots 1 through 16, inclusive, and vacated alley in
Block"A" of Davidson's Grove Avenue Subdivision, being a subdivision of said Southwest
Quarter of Section 13, also that part of Wellington Avenue (formerly Railroad Avenue) now
vacated, also that part of Chicago and Northwestern Railway property(now owned by the City of
Elgin), all of the above falls within the aforesaid Southwest Quarter of Section 13, described as
follows:
Commencing at the Southwest Corner of aforesaid Block 1 of 0. Davidson's Addition to Elgin;
thence North 37 degrees 49 minutes 11 seconds West, along the southwesterly line of said
Block 1, also being the northeasterly line of Grove Avenue, a distance of 351.00 feet for the
point of beginning; thence continuing North 37 degrees 49 minutes 11 seconds West, along said
southwesterly line of Block 1 and the southwesterly line of aforesaid Block "A" in Davidson's
Grove Avenue Subdivision, a distance of 442.18 feet to an angle in said southwesterly line of
Block "A"; thence North 33 degrees 52 minutes 42 seconds West, along said southwesterly line
of Block "A", a distance of 70.42 feet to the Northwest Corner of Block "A"; thence North 89
degrees 26 minutes 44 seconds East, along the North line of said Block"A" also being the South
line of Prairie Street and the easterly extension of said South line, a distance of 453.51 feet to the
most westerly corner of Lot 1 in William F. Sylla's Resubdivision, being a subdivision of part of
aforesaid Section 13; thence South 37 degrees 43 minutes 37 seconds East, along the
southwesterly line of said Lot 1 and the southwesterly line of Sylla Place as platted in aforesaid
William F. Sylla's Resubdivision, a distance of 239.51 feet to the intersection with a line that
bears North 52 degrees 26 minutes 36 seconds East from aforesaid point of beginning, said line
is also parallel with the southeasterly line of aforesaid Block 1 in 0. Davidson's Addition to
Elgin; thence South 52 degrees 26 minutes 36 seconds West, along said parallel line, a distance
of 365.38 feet to the point of beginning. Being situated in the City of Elgin, Kane County,
Illinois and containing 137,964.56 square feet more or less.
Common Address: 161 South Grove Avenue, Elgin, Illinois
Real Estate Tax Index/Parcel Index Numbers: 06-13-352-038 and 06-13-503-004
o Agenda Item No.
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City of Elgin
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March 4, 2005 G ;: ��a � 1
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TO: Mayor and Members of the City Council N i�Fl ii 10,
FINANCIALLY STABLE CITY GOVERNMENT
FROM: Olufemi Folarin, City ManagerAND QUALITY INFRASTRUCTURE
William A. Cogley, Corporatio Counsel
SUBJECT: Proposed Ordinance Prohibiting Water Wells Within a Defined Area of the City
(161 S. Grove Avenue—Phase 2 of PAR Townhome Development Site)
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consideration a proposed ordinance prohibiting the installation or use of water
wells on Phase 2 of the PAR Development Townhome Site on South Grove Avenue.
RECOMMENDATION
It is recommended that the City Council approve adoption of the ordinance prohibiting the
installation or use of water wells at Phase 2 of the PAR Development Townhome
Redevelopment Site.
BACKGROUND
The City has previously entered into a development agreement with PAR Development
providing for the residential redevelopment of the properties located at the southeast and
northwest corners of South Grove Avenue and Prairie Street. The development agreement
requires the City to obtain No Further Remediation Letters for Residential Standard for these
redevelopment sites.
In August of 2004, the City obtained from the Illinois Environmental Protection Agency a No
Further Remediation Letter for Phase 1 of the Townhome Redevelopment Site. One of the
requirements in the NFR letter was an institutional control that no person shall construct, install,
maintain or operate a water well at the subject property. This particular institutional control is a
common provision in NFR letters. The adoption of an ordinance by the City Council was
necessary to implement such institutional control. The City Council adopted Ordinance
No. G77-04 on August 25, 2004 providing for such restriction.
• Ordinance Prohibiting Water Wells Within a Defined Area of the City
March 4, 2005
Page 2
rk
The City has now obtained from the Illinois Environmental Protection Agency a No Further
Remediation letter for Phase 2 of the Townhome Redevelopment Site. A copy of such NFR
letter is attached. As with the NFR letter for the Phase 1 site, one of the requirements in the NFR
letter for the Phase 2 site is an institutional control that no person shall construct, install,
maintain or operate a water well at the subject property.
Attached is a proposed ordinance which would prohibit the construction, installation,
maintenance or operation of a water well at Phase 2 of the subject property. Upon adoption of
the ordinance the ordinance will be attached to the No Further Remediation Letter and the No
Further Remediation letter and the ordinance will be recorded with the Kane County Recorder.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
/(/\ FINANCIAL IMPACT
The City will pay a recording fee to the Office of the Kane County Recorder to record the No
Further Remediation Letter and the subject ordinance. Such recording fee is less than $100.
There are sufficient funds budgeted ($100) and available ($100) in Account 010-1709-716-30-
99, Project No. 039-520, General Fund-Miscellaneous Professional Services.
rik LEGAL IMPACT
Adoption of the ordinance is necessary to implement the institutional control which is a
condition to the No Further Remediation Letter.
ALTERNATIVES
Adoption of the ordinance is necessary to complete the No Further Remediation Letter process.
Respectfully submitted for Council consideration.
WAC/nr
Attachment
r
•
r. ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276,217-782-3397
JAMES R.THOMPSON CENTER, 100 WEST RANDOLPH,SUITE 11-300,CHICAGO,IL 60601,312-814-6026
ROD R. BLAGOJEVICH, GOVERNOR RENEE CIPRIANO, DIRECTOR
(217)782-6761
January 25, 2005 CERTIFIED MAIL
7002 3150 0000 1252 7948
City of Elgin
Attn: Raymond H. Moller
150 Dexter Court
Elgin,Illinois 60120
•
Re: 0894385054-Kane County
Elgin/Olympic Controls Corporation (Phase II Area)
Site Remediation Prop-am/Technical Reports
No Further Remediation Letter
Dear Mr. Moller:
The Remedial Action Completion Report(dated November 2004/Log No. 04-22531), as prepared
by Terracon for the Olympic Controls Corporation property, has been reviewed by the Illinois
Environmental Protection Agency("Illinois EPA") and demonstrates that the remedial action
was completed in accordance with the Remedial Action Plan (June 2003/Log No. 03-2618).
The Remediation Site,consisting of 3.1 acres, is located at 161 South Grove Avenue, Elgin,
Illinois. Pursuant to Section 58.10 of the Illinois Environmental Protection Act("Act")(415
ILCS 5/1 et seq.),your request for a no further remediation determination is granted under the
conditions and terms specified in this letter. The Remediation Applicant, as identified on the
Illinois EPA's Site Remediation Program DRM-1 Form(received March 19,2002/Log No. 02-
1022), is the City of Elgin.
This comprehensive No Further Remediation Letter("Letter")signifies a release from further
responsibilities under the Act for the performance of the approved remedial action. This Letter
shall be considered prima facie evidence that the Remediation Site described in the attached
Illinois EPA Site Remediation Program Environmental Notice and shown in the attached Site
Base Map does not constitute a threat to human health and the environment and does not require
further remediation under the Act if utilized in accordance with the terms of this Letter.
r6'
ROCKFORD-4302 North Main Street,Rockford,IL 61103-(815)987-7760 • DES PLAINES-9511 W.Harrison St.,Des Plaines,IL 60016-(847)294-4000
ELGIN-595 South State,Elgin,IL 60123-(847)608-3131 • PEcertiA-5415 N.University St:,Peoria,IL 61614-(309)693-5463
BUREAU or LAND-PEORIA-7620 N.University St.,Peoria,IL 61614-(309)693-5462 • CHAMPAIGN-2125 South First Street,Champaign,IL 61820-(217)278-5800
SPRINGFIELD-4500 S.Sixth Street Rd.,Springfield,IL 62706-(217)786-6892 • CottiNsvitiE-2009 Mall Street,Collinsville,IL 62234-(618)346-5120
MARION-2309 W.Main St.,Suite 116,Marion,IL 62959-(618)993-7200
PRINTED ON RECYCLED PAPER
Page 2
Conditions and Terms of Approval
Level of Remediation and Land Use Limitations
1) The Remediation Site is approved for Residential or Industrial/Commercial land use.
2) The land use specified in this Letter may be revised if:
a) Further investigation or remedial action has been conducted that documents the
attainment of objectives appropriate for the new land use; and
b) A new Letter is obtained and recorded in accordance with Title XVII of the Act and
regulations adopted thereunder.
Preventive,Engineering, and Institutional Controls
3) The implementation and maintenance of the following controls are required as part of the
approval of the remediation objectives for this Remediation Site.
Institutional Controls:
4) No person shall construct,install,maintain, or operate a well at the Remediation Site. All
water supplies and water services for the Remediation Site must be obtained from a public
water supply system. The provisions of this institutional control shall be applicable to all
water usage(e.g., domestic, industrial/commercial uses and outdoor watering).
Other Terms
5) Areas outside the Remediation Site boundaries, as shown in the Site Base Map, are not
subject to any other institutional controls.
6) Where the Remediation Applicant is not the sole owner of the Remediation Site,the
Remediation Applicant shall complete the attached Property Owner Certification of the No
Further Remediation Letterunder the Site Remediation Program Form. This certification,
by original signature of each property owner, or the authorized agent of the owner(s), of the
Remediation Site or any portion thereof who is not a Remediation Applicant shall be
recorded along with this Letter.
7) Further information regarding this Remediation Site can be obtained through a written
request under the Freedom of Information Act(5 ILCS 140)to:
Illinois Environmental Protection Agency
Attn: Freedom of Information Act Officer
Bureau of Land-#24
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
Page 3
8) Pursuant to Section 58.10(f)of the Act(415 ILCS 5/58.10(f)), should the Illinois EPA seek
to void this Letter, the Illinois EPA shall provide notice to the current title holder and to the
Remediation Applicant at the last known address. The notice shall specify the cause for the
voidance, explain the provisions for appeal, and describe the facts in support of this cause.
Specific acts or omissions that may result in the voidance of the Letter under Sections
58.10(e)(I)-(7)of the Act(415 ILCS 5/58.10(e)(I)-(7))include,but shall not be limited to:
a) Any violation of institutional controls or the designated land use restrictions;
b) The failure to operate and maintain preventive or engineering controls or to comply with
any applicable groundwater monitoring plan;
c) The disturbance or removal of contamination that has been left in-place in accordance
with the Remedial Action Plan. Access to soil contamination may be allowed if, during
and after any access,public health and the environment are protected consistent with the
Remedial Action Plan;
d) The failure to comply with the recording requirements for this Letter;
e) Obtaining the Letter by fraud or misrepresentation;
f) Subsequent discovery of contaminants,not identified as part of the investigative or
remedial activities upon which the issuance of the Letter was based,that pose a threat to
human health or the environment;
g) The failure to pay the No Further Remediation Assessment Fee within forty-five(45)
days after receiving a request for payment from the Illinois EPA;
h) The failure to pay in full the applicable fees under the Review and Evaluation Services
Agreement within forty-five(45)days after receiving a request for payment from the
Illinois EPA.
9) Pursuant to Section 58.10(d) of the Act, this Letter shall apply in favor of the following
persons:
a) The City of Elgin;
b) The owner and operator of the Remediation Site;
c) Any parent corporation or subsidiary of the owner of the Remediation Site;
d) Any co-owner, either by joint-tenancy,right of survivorship, or any other party sharing a
relationship with the owner of the Remediation Site;
e) Any holder of a beneficial interest of a land trust or inter vivos trust, whether revocable
or irrevocable,involving the Remediation Site;
rik
f) Any mortgagee or trustee of a deed of trust of the owner of the Remediation Site or any
assignee, transferee, or any successor-in-interest thereto;
Page 4
g) Any successor-in-interest of the owner of the Remediation Site;
h) Any transferee of the owner of the Remediation Site whether the transfer was by sale,
bankruptcy proceeding,partition, dissolution of marriage, settlement or adjudication of
any civil action, charitable gift,or bequest;
i) Any heir or devisee of the owner of the Remediation Site;
j) Any financial institution, as that term is defined in Section 2 of the Illinois Banking Act
and to include the Illinois Housing Development Authority, that has acquired the
ownership,operation,management,or control of the Remediation Site through
foreclosure or under the terms of a security interest held by the financial institution,under
the terms of an extension of credit made by the financial institution,or any successor-in-
interest thereto; or
k) In the case of a fiduciary(other than a land trustee),the estate,trust estate,or other
interest in property held in a fiduciary capacity, and a trustee, executor, administrator,
guardian,receiver, conservator,or other person who holds the remediated site in a
fiduciary capacity, or a transferee of such party.
10)This letter,including all attachments,must be recorded as a single instrument within forty-
five(45)days of receipt with the Office of the Recorder of Kane County. For recording
purposes,the Illinois EPA Site Remediation Program Environmental Notice attached to this
Letter should be the first page of the instrument filed. This Letter shall not be effective until
officially recorded by the Office of the Recorder of Kane County in accordance with Illinois
law so that it forms a permanent part of the chain of title for the Olympic Controls
Corporation property.
11)Within thirty(30)days of this Letter being recorded by the Office of the Recorder of Kane
County,a certified copy of this Letter, as recorded,shall be obtained and submitted to the
Illinois EPA to:
Robert E. O'Hara
Illinois Environmental Protection Agency
Bureau of Land/R.PMS
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
12)In accordance with Section 58.10(g)of the Act, a No Further Remediation Assessment Fee
based on the costs incurred for the Remediation Site by the Illinois EPA for review and
evaluation services will be applied in addition to the fees applicable under the Review and
Evaluation Services Agreement. Request for payment of the No Further Remediation
Assessment Fee will be included with the billing statement.
Page 5
en- If you have any questions regarding the Olympic Controls Corporation property, you may
contact the Illinois EPA project manager, Scott Hacke at 217/782-6761.
Sincerely,
41111F
ence . . tip, anag
R- dial Project Management Se r.n
Division of Remediation Management
Bureau of Land
Attachments: Illinois EPA Site Remediation Program Environmental Notice
Site Base Map
Table A: Regulated Substances of Concern
Property Owner Certification of No Further Remediation Letter under the Site
Remediation Program Form
cc: John Nardozzi
Terracon
135 Ambassador Drive
Naperville,Illinois 60540
bcc: Records Unit
Bob O'Hara
Beverly Anderson
•
Rick Lucas
•
PREPARED BY:
r 74ame: Raymond H. Moller
City of Elgin
Address: 150 Dexter Court
Elgin, Illinois 60120
RETURN TO:
Name: Raymond H. Moller
City of Elgin
Address: 150 Dexter Court
Elgin,Illinois 60120
THE ABOVE SPACE FOR RECORDER'S OFFICE
This Environmental No Further Remediation Letter must be submitted by the remediation applicant within 45
days of its receipt,to the Office of the Recorder of Kane County.
11inois State EPA Number: 0894385054
The City of Elgin,the Remediation Applicant,whose address is 150 Dexter Court, Elgin,Illinois 60120 has
performed investigative and/or remedial activities for the remediation site depicted on the attached Site Base
Map and identified by the following:
1. Legal description or Reference to a Plat Showing the Boundaries:
LOTS 3,4, 17, 18 AND PART OF LOTS 5 AND 16 IN BLOCK 1 OF O. DAVIDSON'S ADDITION TO
ELGIN,BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 13,
TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,ALSO LOTS 1
THROUGH 16,INCLUSIVE,AND VACATED ALLEY IN BLOCK"A" OF DAVIDSON'S GROVE
AVENUE SUBDIVISION, BEING A SUBDIVISION OF SAID SOUTHWEST QUARTER OF SECTION 13,
ALSO THAT PART OF WELLINGTON AVENUE (FORMERLY RAILROAD AVENUE)NOW
VACATED,ALSO THAT PART OF CHICAGO AND NORTHWESTERN RAILWAY PROPERTY(NOW
OWNED BY THE CITY OF ELGIN),ALL OF THE ABOVE FALLS WITHIN THE AFORESAID
SOUTHWEST QUARTER OF SECTION 13,DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF AFORESAID BLOCK 1 OF O. DAVIDSON'S
ADDITION TO ELGIN;THENCE NORTH 37 DEGREES 49 MINUTES 11 SECONDS WEST,ALONG
THE SOUTHWESTERLY LINE OF SAID BLOCK 1,ALSO BEING THE NORTHEASTERLY LINE OF
GROVE AVENUE, A DISTANCE OF 351.00 FEET FOR THE POINT OF BEGINNING;THENCE
CONTINUING NORTH 37 DEGREES 49 MINUTES 11 SECONDS WEST,ALONG SAID
SOUTHWESTERLY LINE OF BLOCK 1 AND THE SOUTHWESTERLY LINE OF AFORESAID
BLOCK"A"IN DAVIDSON'S GROVE AVENUE SUBDIVISION, A DISTANCE OF 442.18 FEET TO AN
ANGLE IN SAID SOUTHWESTERLY LINE OF BLOCK"A";THENCE NORTH 33 DEGREES 52
(Illinois EPA Site Remediation Program Environmental Notice)
Page 1 •
MINUTES 42 SECONDS WEST,ALONG SAID SOUTHWESTERLY LINE OF BLOCK"A", A DISTANCE
oilmOF 70.42 FEET TO THE NORTHWEST CORNER OF BLOCK"A";THENCE NORTH 89 DEGREES 26
AINUTES 44 SECONDS EAST,ALONG THE NORTH LINE OF SAID BLOCK"A"ALSO BEING THE
SOUTH LINE OF PRAIRIE STREET AND THE EASTERLY EXTENSION OF SAID SOUTH LINE,A
DISTANCE OF 453.51 FEET TO THE MOST WESTERLY CORNER OF LOT 1 IN WILLIAM F. SYLLA'S
RESUBDIVISION,BEING A SUBDIVISION OF PART OF AFORESAID SECTION 13; THENCE SOUTH
37 DEGREES 43 MINUTES 37 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE OF SAID LOT
1 AND THE SOUTHWESTERLY LINE OF SYLLA PLACE AS PLATTED IN AFORESAID WILLIAM F.
SYLLA'S RESUBDIVISION,A DISTANCE OF 239.51 FEET TO THE INTERSECTION WITH A LINE
THAT BEARS NORTH 52 DEGREES 26 MINUTES 36 SECONDS EAST FROM AFORESAID POINT OF
BEGINNING, SAID LINE IS ALSO PARALLEL WITH THE SOUTHEASTERLY LINE OF AFORESAID
BLOCK 1 IN O. DAVIDSON'S ADDITION TO ELGIN; THENCE SOUTH 52 DEGREES 26 MINUTES 36
SECONDS WEST,ALONG SAID PARALLEL LINE,A DISTANCE OF 365.38 FEET TO THE POINT OF
BEGINNING. BEING SITUATED IN THE CITY OF ELGIN,KANE COUNTY,ILLINOIS AND
CONTAINING 137,964.56 SQUARE FEET MORE OR LESS.
2. Common Address: 161 South Grove Avenue, Elgin, IL
3. Real Estate Tax Index/Parcel Index Number(s): 06-13-352-038 and 06-13-503-004
4.• Remediation Site Owner: City of Elgin
5. Land Use: Residential and/or Industrial/Commercial
rh6. Site Investigation: Comprehensive
See NFR letter for other terms.
•
(Illinois EPA Site Remediation Program Environmental Notice)
Page 2
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PROPERTY OWNER CERTIFICATION OF THE NFR LETTER
UNDER THE SITE REMEDIATION PROGRAM
Where the Remediation Applicant (RA) is not the sole owner of the remediation site, the RA shall obtain
the certification by original signature of each owner, or authorized agent of the owner(s), of the
remediation site or any portion thereof who is not an RA. The property owner(s), or the duly authorized
agent of the owner(s)must certify, by original signature, the statement appearing below. This certification
shall be recorded in accordance with Illinois Administrative Code 740.620.
Include the full legal name, title, the company,the street address, the city, the state, the ZIP code, and the
telephone number of all other property owners. Include the site name, street address, city, ZIP code,
county,Illinois inventoryidentification number and real estate tax index/parcel index number.
A duly authorized agent means a person who is authorized by written consent or by law to act on behalf
of a property owner including,but not limited to:
1. For corporations,a principal executive officer of at least the level of vice-president;
2. For a sole proprietorship or partnership, the proprietor or a general partner, respectively;
and
3. For a municipality, state or other public agency, the head of the agency or ranking elected
official.
For multiple property owners, attach additional sheets containing the info,illation described above, along
with a signed, dated certification for each. All property owner certifications must be recorded along with
the attached NFR letter.
r Property Owner Information
Owner's Name:
Title:
Company:
Street Address:
City: State: Zip Code: Phone:
Site Information
Site Name:
Site Address:
City: State: Zip Code: County:
Illinois inventory identification number:
Real Estate Tax Index/Parcel Index No.
I hereby certify that I have reviewed the attached No Further Remediation Letter and that I accept the terms and
conditions and any land use limitations set forth in the letter.
Owner's Signature: Date:
SUBSCRIBED AND SWORN TO BEFORE ME .
this day of ,20_
Notary Public
The Illinois EPA is authorized to require this information under Sections 415 ILCS 5/58-58.12 of the Environmental Protection Act and regulations promulgated
thereunder. If the Rentediatioir Applicant is not also the sole owner of the remediation site,this form must be completed by all owners of the renediation site and
recorded with the NFR Letter. Failure to do so may void the NFR Letter, This form has been approved by the Forms Management Center. All infomiation submitted
to the Site Remediation Program is available to the public except when specifically designated by the Remediation Applicant to be treated confidentially as a trade
secret or secret process in accordance with the Illinois Compiled Statutes,Section 7(a)of the Environmental Protection Act,applicable Rules and Regulations of the
Illinois Pollution Control Board and applicable Illinois EPA rules and guidelines.
Notice to Remediation Applicant
Please follow these instructions when filing the NFR letter with the
County Recorder's Office
Instructions for Filing the NFR Letter
The following documents must be filed:
A. Body of the NFR Letter(contains appropriate terms and conditions, tables, etc.)
B. Attachments to NFR letter
• Illinois EPA Site Remediation Program Environmental Notice (Legal Description
and PIN of property)
• Maps of the site
• Table A: Regulated Substances of Concern (if applicable.)
• Property Owner Certification
C. A copy of the ordinance, if applicable, used to address groundwater contamination
1. Place the Illinois EPA Site Remediation Program Environmental Notice on top of the NFR
prior to giving it to the Recorder.
2. If you are not the owner(record title holder)of the property on the date of filing of this NFR,
you must attach a completed owner's certification form signed by the owner of the property
at the time of filing (e.g.,if the property recently sold,the new owner must sign).
3. If any of the terms and conditions of the NFR letter references a groundwater ordinance, you
must record a copy of the groundwater ordinance with the NFR letter.
4. If any of the terms and conditions of the NFR letter references a highway agreement, you
•
must record the highway agreement if specifically requiredby the municipality granting the
agreement.
5. Within thirty(30) days of this NFR Letter being recorded by the Office of the Recorder of
the County in which the property is located, a certified copy of this Letter, as recorded, shall
be obtained and submitted to the Illinois EPA to:
Robert E. O'Hara
Illinois Environmental Protection Agency
Bureau of Land/RPMS
1021 North Grand Avenue East
Post Office Box 19276
Springfield,IL 62794-9276
6. Remove this page from the NFR letter, prior to recording.
If you have any questions call (217) 782-6761 and speak with the"project manager on-call"in
the Site Remediation Program.
DRAFT 2/24/05
Ordinance No. G
AN ORDINANCE
PROHIBITING WATER WELLS WITHIN A DEFINED AREA OF THE CITY
(161 S. Grove Avenue-Par Development Townhome Site)
WHEREAS, certain property in the City of Elgin, as legally described in Exhibit A,
commonly known as 161 S. Grove Avenue, Elgin, Kane County, Illinois 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 groundwater
quality standards for resource groundwater; 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; and
WHEREAS, the City of Elgin desires to accomplish these goals by prohibiting the
construction, installation, maintenance or operation of a water well from the property described
in Exhibit A.
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.
"The Property" shall mean the property commonly known as 161 S. Grove
Avenue, Elgin, Kane County, Illinois and legally described on Exhibit A attached
hereto.
Section 2. No person shall construct, install, maintain, or operate a water well at The
Property legally described in Exhibit A attached hereto. All water supplies and water services
for The Property must be obtained from a public water supply system. The provisions of this
ordinance shall be applicable to all water usage including, but not limited to, domestic,
industrial/commercial uses and outdoor watering.
Section 3. Restrictions binding on City. Except for the provisions of Section four all
restrictions contained in this ordinance shall be binding on the City.
eft.
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 ordinance.
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.
Ed Schock,Mayor
Presented: March 9, 2005
Passed:
Vote: Yeas Nays
Recorded:
Published:
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Attest:
Dolonna Mecum, City Clerk
F:\Legal Dept\Ordinances\Well Water Prohibition-PAR Townhomes-161 S Grove-1-WAC.doc
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EXHIBIT A
Insert Legal Description
Common Address: 161 South Grove Avenue, Elgin, Illinois
Real Estate Tax Index/Parcel Index Numbers: 06-13-352-038 and 06-13-503-004
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