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TO: Mayor Robert J. O’Connor
FROM: Alex Alexandrou, Chief Administrative Officer
Alayne Weingartz, Corporation Council
Ken Schroth, Director of Public Works
DATE: December 12, 2016
SUBJECT:
A Resolution Prohibiting the use of Groundwater as a Potable Water Supply in the area of the Intersection of North Avenue and River Street.
PURPOSE:
As part of the Master Access and Remediation Agreement with NICOR and Com Ed, the City would agree to prohibit the creation of wells for the use of potable water in the area of the remediation at the old manufactured gas plant at North Avenue and River Street.
BACKGROUND:
NICOR Gas and Commonwealth Edison companies ("the Utilities") once operated a manufactured gas plant on their property on both sides of River Street from North Avenue down to Prairie. As a result, contaminants therefrom have encroached upon their own property, but also on City rights of way in River and North, as well as on Park District property in the area. The Utilities have been remediating their own property in the area over a period of many years, and at this time will begin remediating said contaminants from the City and Park District properties as well. .
DISCUSSION:
As the City has done from time to time for other property owners, as part of a Master Access and Remediation Agreement between the Utilities and the City, the Parties have agreed that the City will limit its ability to locate any wells for potable water purposes in the vicinity of the area of the old manufactured gas plant as mandated by the Illinois EPA. Inasmuch as the City already prohibits private property owners from creating wells within the City for potable water purposes, this Ordinance will limit the City in future location of wells in this area.
IMPACT STATEMENT:
This Ordinance will limit the City of Aurora in the location of wells for potable water purposes within the area mandated by the Illinois EPA in the area of the old manufactured gas plant..
RECOMMENDATIONS:
We recommend the approval of this Ordinance."
cc: Alderman O’Connor, Chairman
Alderman Mervine
Alderman Bohman
Alderman Mesiacos, 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 in the area of the Intersection of North Avenue and River Street..
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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 of Aurora, Illinois 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 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 One. Use of groundwater as a potable water supply prohibited.
Notwithstanding anything to the contrary contained in the Code, [except for such uses or methods in existence before the effective date of this ordinance,] the use or attempt to use as a potable water supply groundwater from within the boundaries described below, as a potable water supply, by the installation or drilling of wells or by any other method is hereby prohibited. This prohibition expressly includes the City of Aurora.
Boundaries: The area within a boundary beginning at the northeast corner of the intersection of Prairie Street and River Street, then along Prairie Street to the west to the western boundary of the City-owned property with PIN 15-21-479-009, then north along the western boundary of PIN 15-21-479-009 to River Street, then across River Street to the northern boundary of PIN 15-21-480-017, then along the northern boundary of 15-21-480-017 to the western shoreline of the Fox River, then extending directly east to the east shoreline of the Fox River, then extending south along the east shoreline of the Fox River to the BNSF RR right-of-way (PIN 15-28-501-006), then extending west along the BNSF RR right-of-way (PIN 15-28-501-006) to the west shoreline of the east branch of the Fox River, then extending south along the west shoreline of the east branch of the Fox River until the southernmost point of Hurds Island, then extending due west to the west shoreline of the Fox River, then extending north along the west shoreline of the Fox River to the southeast corner of 408-424 South River Street (PIN 15-28-202-001), then extending west along 408-424 South River Street (PIN 15-28-202-001) to the east side of River Street, then extending north along River Street to the northeast corner of the intersection of River Street and Prairie Street, as depicted on the attached Exhibit.
Section Two. Penalties.
Any person violating the provisions of this ordinance shall be subject to a fine of up to ___________ for each violation.
Section Three. 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 Four. 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 Five. 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 Six. Effective date.
This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law.