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TO: Mayor Richard C. Irvin
FROM: Stephen K. Andras, P.E., Assistant City Engineer
DATE: August 31, 2017
SUBJECT:
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 (1218 N. Lake St.).
PURPOSE:
The City is seeking a prohibition on the use of groundwater as a potable water supply, in a specific geographic area, as part of the remediation process overseen by the Illinois Environmental Protection Agency, (IEPA) for the property located at 1218 N. Lake Street.
BACKGROUND:
Due to the previous commercial use of the property (former gas station), certain chemical constituents in the groundwater in the vicinity may exceed Class 1 groundwater quality standards for potable water as set forth by the IEPA. This type of potable water restriction has been implemented in the past for other remediation projects such as the Shodeen and River Edge Park cleanup projects.
DISCUSSION:
The proposed limit on the ability to place wells or otherwise use the groundwater in this specific location for potable use will serve to help protect the health and welfare of the citizens of Aurora. Additionally, these types of restrictions on relatively small geographical areas will not impede the City's ability to produce sufficient safe drinking water for the citizens of Aurora.
IMPACT STATEMENT:
The staff sees no negative impact by enacting this groundwater restriction ordinance.
RECOMMENDATIONS:
It is recommended that the City enact the attached ordinance which will prohibit the drilling of wells by anyone, including the City in that specific geographical area, to ensure the safety, health and welfare of the citizens of the City of Aurora.
cc: Alderman Garza, Chairman
Alderman Donnell
Alderman Bohman
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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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.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, certain properties in the City have 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 City may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 remediation objectives as set forth in 35 Illinois Administrative Code 742; and
WHEREAS, the water supply is a limited public resource held in trust by the City for the benefit of its citizens and the City has a custodial duty to ensure that the distribution and use thereof is regulated in a manner that best serves the public interest, including the limitation of private wells.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One. Use of groundwater as a potable water supply prohibited.
The use or attempt to use as a potable water supply (any water used for human or domestic consumption including, but not limited to, water used for drinking, bathing, swimming, washing dishes or preparing foods), groundwater in the area within the corporate limits of the City of Aurora, as described in Exhibit "A" attached hereto and made a part hereof by the installation or drilling of wells or by any other method, is hereby prohibited, including points of withdrawal by the City of Aurora.
Section Two. Effective date.
That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three. Repealer.
That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Four. Severability
That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect thereafter.