HomeMy WebLinkAboutOrdinance #311 -.�
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ORDINANCE N0. ���
AN 4RDSN.ANCE REGULATING THE MININ� OF GDAL BY THE STRIP-
MINING METHOD WITHIN THE DRAINAC�E AREA OF THE IMP�UNDIN�
RESERVOIR CONSTRUCTED F�R WATER SUPPLY PURPOSES BY THE
CITY OF CANTON� ILLZIVOIS� ESTABLISHIN� RESTRICTIONS THEREON
.AND PROVIDINC: PFNALTIES FOR VIOLATIUNS OF SAID ORDIN.ANCE
ON LAN�DS IN SAID DRAINAGE AREA NOT �ED BY THE CITY OF
C.ANTONs ILLIN4IS.
WHEREAS, the Gity of Canton, I1linois is totally reliant
for a11 of its water supply on a lake or impounding reservoir
commonly called '�Lake Ganton", which is generally situated or
lying in the following Sections of land i.n the County of Fulton
and State of Illinois, to-wit :
Sections 13 and 24 in Township 7 North, Range 4 East
of the Fourth Principal Meridian, situated in the
County of Fulton and State of Illinois ; and, ALSO,
Sections 19 and 30 in Township 7 North, Range 5 East
of the Fourth Principal Meridian, situated in the
County of Fulton and State of I1linois ;
and,
WHEREAS, said lake or impounding reservoir receives most,
if not a11, of its supply of water from streams and drainages which
originate and have their source from a watershed encompassed by
the following described lands (hereinafter referred to as "watershed"�
which are 1ega11y described as follows, to-wit :
Sections l, 2, 11, 12, l4, 22, 23, 25, and 26 in
Township 7 North, Range 4 East of the Fourth Principal
Meridian, situated in the County of Fulton and State
of Illinois ; and, ALSO� Sections 7, 18, 20, and 30
in Township 7 North, Range 5 East of the Fourth
Principal Meridian, situated in the County of Fulton
and State of Illinois ; and, ALS�, Sections 27 , 28, 33,
34, and 35 in Township 8 North, Range 4 East of the
Fourth Principal Meridian, situated in the County of
Fulton and State of Illinois ;
and,
WHEREAS� the County of �u.lton, I1linois, wherein the City
of Cant+�n, I1linois is located, is, has been for years past, and
promises in the future to be the center of extensive mining of coal
by the sa-called "strip-mining method" (as this phrase is hereinafter
defined) ; and,
WHEREAS, it is the belief of the City Council of the City
of Canton, I1linois that mining of coal in and on the lands
comprising said watershed by said strip-mining method would or
would tend to pollute or injure the streams or sources of water
which provide the supply of water to said lake or impounding reservoir
commonly called '�Lake Canton" unless, in al1 instances, done in
careful, cautious, prudent and supervised manner, and, in some
instances, if done at a11,
N�W� THEREFORE� BE IT� AND IT HEREBY IS ORDAINED BY THE
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CITY GOUNGIL OF THE CITY OF CANTON� ILLINOISa AS FOLLOWS:
SEGTION 1. When used in this Ordinance, "person" means
the feminine as well as the masculine when applicable; it means
the plural as well as the singular; and it includes firm, corporation,
partnership, association, club, trust, organization, or any other
entity known to and recognized in 1aw.
SEGTION 2. When used in this Ordinance the phrases "strip-
mining method", "strip-mining", or any similar phrases mean and
have reference to the mining or removal of coal underlying the
natural surface or top strata of land by first moving and removing
the natural surface or top strata of 1and for t�.e purpose of reaching,
uncovering and removing the coal or any strata thereof thereunder
lying.
SEGTION 3. That it sha11 be unlawful for any person to
commence strip-mining activities of any kind whatsoever or to
remove, attempt or commence to remove underlying coal or any strata
thereof from any portion of the lands within the watershed described
in the preamble or recit��.s hereto by the strip-mining method with-
out first having applied for and having been granted and issued a
written permit so to do by the City Council of the City of Canton,
I1linois, provided, however, a person employed by and engaged in
the strip-mining activities of a person to whom a valid permit
therefor has been issued sha11 not himself be required to apply
for or receive a permit such as herein contemplated.
SECTION 4. Every application for such a permit sha11 be
in writing signed by the applicant or some person authorized by
him and sha11 be filed with the City Clerk of the City of Canton,
Illinois. Such application shall clearly identify the ap plicant
by 1ega1 name and address, sha11 state the time, as nearly as
possible, when strip-mining activities are contemplated to be
commenced and finished and sha11 particularly describe the 1and
sought to be strip-mined. A pro�pectus or plan of the proposed
strip-mining activities in detail sufficient to provide evaluation
of the eff ect of such activities, if any, on the watershed may
accompany the application. In addition, such additional information
as may be required by the City Council of the City of Canton, I1linois
sha11 be furnished in writing by the applicant. A non-refundable
fee of �100.00 sha11 accompany each application.
SECTION 5. Every application for such a permit filed in
accordance with the provisions of the preceding Section shall be
placed as an order of business on the agenda of the next regular
meeting of the City Council of t he City of Canton, Illinois which
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occurs not earlier than seven days following the filing of such
application. Such application shall be read in fu11 at such
meeting and the question thereof shall be referred to the Water
and Sewer Committee of the Council of said City for investigation,
report and recommendation. Said Committee sha11 thereafter make
investigation of a11 matters and questions touching on such applica-
tion and make its report and recommendations in the premises thereof
to said Council at a regular meeting thereof which occurs not sooner
than twenty nor yet later than sixty days following the meeting at
which such application was f irst read.
SECTION 6. Permits shall be issued only in conformity with
the procedures above set forth, provided, however, other and
additional procedures and requirements, not inconsistent therewith,
may be designated by the Council from time to time. Permits shall
be issued only in writing by authority of the Council and over the
signature of the Mayor, attestation of the Clerk and Seal of the
City. Each permit shall particularly describe the lands for which
it is issued and sha11 be issued on condition therein set forth
that the City of Canton, I1linois, by and through such of its
agents as may from time to time be designated, sha11 have the right
of periodic inspection of the strip-mining operation of the land
for which it was issued and shall set forth such other conditians
as may be reasonably neces�ary to avoid and prevent pollution and
injury to the streams and sources of water which supply Lake Canton
on account of the strip-mini.ng activities contemplated by the permit.
Each permit and the conditions thereof shall be accepted in writi�g
by the applicant and the instrument of acceptance shall be in form
to bind the applicant, his heirs, successors and assigns to the
faithful performance of the conditions therein named and, in addition,
a performance bond, naming applicant as the principal thereof and
with corporate surety and in form acceptable to the City Council
of Canton, I1linois and in amount reasonably calculated to insure
the performance of the conditions of the permit sha11 be provided
by and at the expense of applicant. Every permit, or a facsimile
thereof, shall be conspicuously posted in or near the office,
located in Fulton Gounty, I1linois, of the holder thereof and which
serves as the control center in said County of the strip-mining
activities for which .the permit was issued.
SEGTION 7. Final action on every application for a permit
either by way of issuance of a permit or the denial thereof, sha11
be taken by the City Gouncil of the City of Canton, I1linois not
less than six months after the filing of the application, provided,
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however, that no delay has been occasioned by the applicant .
SECTION 8. The conduct of strip-mining activities by any
person on the lands of the watershed above mentioned, or any act
thereon done in contemplation thereof, without f irst having applied
for and having been issued the permit herein provided is hereby
declared to be a public nuisance.
SECTION 9. Any person violating any of the provisions of
this Ordinance sha11 be deemed guilty of a misdemeanor. Each day
that the act in violation of this Urdinance �ha11 remain, continued
or be repeated sha11 be deemed a separate and distinct offense.
Each offense sha11 be punished by a fine of not less than �50.00
nor more than �1000.00.
SECTION 10. The provisions of this Ordinance are hereby
declared to be �everable; and, in case any part, section or provision
of this Ordinance is declared to be void by a Court of competent
jurisdiction, the remaining parts, sections or provision5 of this
Ordinance sha11 not be thereby impaired or otherwise affected.
SECTION ll. This Ordinance sha11 be in effect ten days
after its passage by the City Council, approval by the Mayor, and
publication according to 1aw.
PASSED by the City Council and approved by the Mayor this
� day of June, A.D. 1970.
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APPROVED: . � �^-'G� �^ : � � ,
MAY, �� �
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ATTEST: �/ r,�-f
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C TY E .
Amen�nent �10. l. :�.otzon bJ �ilderman �'urst, t�iat Section 33 be deleted fram
des�rintion in r,ror�osed Ordinance a.nd ::�ection ?_2 oe changed to :include only f;he
east one-third insofar as same app:l_ies t,o desi;r:iption in the i°,atersned v^rdinance.
Alderman George sec�nds this notion. t�oll czll vote, h�`;;; hldermen „ovachevich�
C�orge, Speneer, ��1c�rards, riurst, aepieh, Svo�, �u��e, and Hc��rard. �JAY: Aldermen
T��'illiams and Farr. (9 A`�':�5 and 2 ?�AY�) . ;�;ot�on carried.
�mendment iJo. 2. i�iotian by Alderman zTurst th�:t, ::�ection 7 be cha��ed ta read '�no
permit skzall be issued e„cerat b�T t�ze affiMnative action of t;he majori.t�r vote of
the elect�;d official_s", Al�erman Edwards seconds the motion. Roll ca11 vote. AYE.
Al�ermen ?ioward, Ru�e, ;Svab, 'r"arr, Se�-ich, ?�urst, '.�,d�rards, ����illiarns, Spencer,
George, and t,ovachevich. ��:��:i'; ^vnne. ��iatian carried.
Amenchnent rdo. 3. Al.derman :�une mo`-es, �t1r'._er:nan S�na_ch seconds motion that
Section 9 "maximum f�ne not exceed '"�500.��"!" be made (instead of „�1.,0OO.OQ). Ro11
call vate. �"r'��; Aldermen tCavachev-�ch, i�;eor�,e, S;�encer, e��illiams, :sdwards, :7urst,
�enich, l�'arr, Svah, Rupe, ard Hoti�ard. �lAY; �ione. P4otion carried.
AF�'i'.pti':�.�' � i'
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