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TO: Mayor Thomas J. Weisner
FROM: Alayne M. Weingartz, Corporation Counsel
DATE: July 21, 2016
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 (RiverEdge Park) (16-00671 / AU22/2-15.153-PZ/L - SP - WARD 1)
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 Agencies (IEPA) for the 310 and 330 N Broadway properties to be incorporated into the RiverEdge Park Music Garden.
BACKGROUND:
Due to the previous commercial/industrial use of the property 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 implementing in the past for other remediation projects such as the Shodeen Eastbank development.
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 ability to produce sufficient safe drinking water for the citizens of Aurora.
IMPACT STATEMENT:
The Staff would anticipate that this project will increase the City’s overall tax base and viability by facilitating investment and development and enhancing the city’s infrastructure and improving services to its residence.
RECOMMENDATIONS:
It is recommended that the City pass 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 Johnson
Alderman Mesiacos
Alderman Bohman, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
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
body
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 of Aurora, Illinois, have been used over a period of time for commercial/industrial properties; and
WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater beneath the City of Aurora 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 City of Aurora 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 said chemical constituents;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
SECTION 1: Use of groundwater as a potable water supply prohibited.
The use of, or attempted use of, groundwater, as a potable water supply, from within the property boundaries of the properties identified in the attached map (Exhibit A) by the installation or drilling of wells or by any other method is hereby prohibited. This prohibition applies to governmental bodies, including the City of Aurora.
SECTION 2: Penalties.
Any person violating the provisions of this ordinance shall be subject to a fine of up to $750.00 for each violation.
SECTION 3: Definitions.
"Person" is 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" is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.
SECTION 4: 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 5: Severability.
If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid.
SECTION 6: Effective date.
This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law.