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HomeMy WebLinkAboutOrdinance #1794t ORDINANCE NUMBER 1794 AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OF A POTABLE WATER SUPPLY WELL OR BY OTHER MEANS WHEREAS, the City of Canton, Illinois recognizes that certain properties within the corporate limits of the City of Canton, Illinois have been used over a period of time for commercial and/or industrial purposes; and WHEREAS, due to the type of use, concentrations of certain chemical constituents in the groundwater beneath the City of Canton, Illinois may exceed Class I quality standazds for potable resource groundwater as set forth in 35 Illinois Administration Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 742 and any subsequent revisions or amendments; and WHEREAS, the City of Canton, Illinois desires to limit potential threats to human health and safety from groundwater contamination while facilitating redevelopment and productive use of properties that aze the source of said chemical constituents; and WHEREAS, THE city of Canton, Illinois recognizes the potential threats to human health and safety and the potential groundwater contamination due to improperly constructed wells, abandoned wells, or other types of wells considered to be potential routes of contamination that may exist on the properties within the corporate limits of the City of Canton, Illinois; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: SECTION I, Definitions Community Water Supply; a public water supply which serves or is intended to serve at least 15 service connections used by residents or regulazly serves at least 25 residents. Contaminant; any solid, liquid, or gaseous matter, any odor, or any form of energy, from whatever source. Groundwater; underground water which occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure. Non-Community Public Water Supply; a public water supply that is not a community water supply. 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; generally fit for human consumption in accordance with accepted water supply principles and practices. Potential Route; abandoned and improperly plugged wells of all kinds, drainage wells, all injection wells, including closed looped heat pump wells, and excavation for the discovery, development or production of stone, sand or gravel. Private Water System; any supply which provides water for drinking ,culinary, and sanitary purposes and serves anowner-occupied single family dwelling. Public Water Supply; all mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least 15 service connections or which regularly serve at least 25 persons at least 60 days per year. A public water supply is either a "community water supply" or a "non-community water supply". Semi-private Water System; a water supply which is not a public water system, yet which serves a segment of the public other than anowner-occupied single family dwelling. SECTION II, Use of groundwater as a private, semi-private, non-community public water supply, or community water supply not under the control of the City of Canton, Illinois is prohibited Except for such uses of potable drinking water wells that are properly constructed and are in existence before the effective date of this ordinance, the use or attempt to use a potable water well supply of groundwater from within the corporate limits of the City of Canton, Illinois by the installation or drilling of wells or by any other method is hereby prohibited, except at points of withdrawal by the City of Canton, Illinois. SECTION III, Memorandum of Understanding The Mayor of the City of Canton, Illinois is hereby authorized and directed to enter into a Memorandum of Understanding with the Illinois Environmental Protection Agency in which the City of Canton, Illinois assumes responsibility for tracking remedial sites, notifying the Illinois EPA of changes to this ordinance and taking certain precautions when sitting public potable water supply wells. SECTION IV, Penalties Any person violating the provisions of this ordinance shall be subject to a fine of up to five hundred dollars ($500.00) for each violation. SECTION V, Repealed All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed insofar as they are in conflict with this ordinance. SECTION VI, 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 VII, Effective Date This ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approved by the Mayor therof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 20th. day of April , 2004, upon a roll call vote as follows: AYES: Aldermen Reed, Fillingham, Carl, Sarff, West, Molleck, Hartford. NAYS: None, ABSENT: Aldermen Harn. Attest: cy Whit City Jerk Approved: Jerry M. Bohler, IVlayor MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CANTON AND THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY REGARDING THE USE OF A LOCAL GROUNDWATER OR WATER WELL ORDINANCE AS AN ENVIRONMENTAL INSTITUTIONAL CONTROL I. PURPOSE AND INTENT A. This Memorandum of Understanding ("MOU") between the City of Canton and the Illinois Environmental Protection Agency ("Illinois EPA") is entered into for the purpose of satisfying the requirements of 35 Ill. Adm. Code 742.1015 for the use of groundwater or water well ordinances as environmental institutional controls. The Illinois EPS has reviewed the groundwater or water well ordinance of the City of Canton #1794 (Attachment A) and determined that the ordinance prohibits the use of groundwater for potable purposes and/or the installation and use of new potable water supply wells by private entities but does not expressly prohibit those activities by the unit of local government itself. In such cases, 35 Ill. Adm. Code 742.1015(a) provides that the unit of local government may enter into an MOU with the Illinois EPA to allow the use of the ordinance as an institutional control. B. The intent of this Memorandum of Understanding is to specify the responsibilities that must be assumed by the unit of local government to satisfy the requirements for MOU's as set forth at 35 Ill. Adm. Code 742.1015(1). II. DECLARATIONS AND ASSUMPTION OF RESPONSIBILITY In order to ensure the long-term integrity of the groundwater or water well ordinance as an environmental institutional control and that risk to human health and the environment from contamination left in place in reliance on the groundwater or water well ordinance is effectively managed, the City of Canton hereby assumes the following responsibilities pursuant to 35 Ill. Adm. Code 742.1015(d) (2) and (i): A. The City of Canton will notify the Illinois EPA Bureau of Land of any proposed ordinance changes or requests for variance at least 30 days prior to the date the local government is scheduled to take action on the proposed change or request (35 Ill. Adm. Code 742.1 O 15(1)(4)); B. The City of Canton will maintain a registry of all sites within its corporate limits that have received "No Further Remediation" determinations from the Illinois EPA (35 Ill. Adm. Code 742.1015 (i)(5)); C. The City of Canton will review the registry of sites established under pazagraph II.B. prior to siting public potable water supply wells within the azea covered by the ordinance (35 Ill. Adm. Code 742.1015 (i)(6)(A)); D. The City of Canton will determine whether the potential source of potable water has been or may be affected by contamination left in place at the sites tracked and reviewed under paragraphs II.B. and C. (35 Ill. Adm. Code 742.1015(i)(6)(B)); and E. The City of Canton will take action as necessary to ensure that the potential source of potable water is protected from contamination or treated before it is used as potable water supply (35 Ill. Adm. Code 742.1015 (i)(6)(C)). NOTE: Notification under pazagraph II. A. above or other communications concerning this MOU should be directed to: Manager, Division of Remediation Management Bureau of Land Illinois Environmental Protection Agency P.O. Box 19276 Springfield, IL. 62794-9276 III. SUPPORTING DOCUMENTATION The following documentation is required by 35 Ill. Adm. Code 742.1015(1) and is attached to this MOU: A. Attachment A: A copy of the groundwater or water well ordinance certified by the City Clerk or other official as the current, controlling law (35 Ill. Adm. Code 742.1015(1)(3)); B. Attachment B: Identification of the legal boundaries within which the ordinance is applicable (certification by City Clerk or other official that the ordinance is applicable everywhere within the corporate limits; if ordinance is not applicable throughout the entire city or village, legal description and map of azea showing sufficient detail to determine where ordinance is applicable) (35 Ill. Adm, Code 742.1015(1)(2)); C. Attachment C: A statement of the authority of the unit of local government to enter into the MOU (council resolution, code of ordinances, inherent powers of Mayor or other official signing MOU -- attach copies) (35 Ill. Adm. Code 742.1015(1)(1)). IN WITNESS WI~REOF, the lawful representatives of the parties have caused this MOU to be signed as follows: ff FOR: ~.~T Q..,.~ Yl , Ci of Canton By: ~ '" Date: `f' a-g - c~ Je M. Bohler, Mayor ~~ FOR: Illinois Environmental Protection Agency By: Date: Manager, Division of Remediation Management Bureau of Land Illinois Environmental Protection Agency ORDINANCE NUMBER 179E AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OF A POTABLE WATER SUPPLY WELL OR BY OTHER MEANS WHEREAS, the City of Canton, Illinois recognizes that certain properties within the corporate limits of the City of Canton, Illinois have been used over a period of time for commercial and/or industrial purposes; and WHEREAS, due to the type of use, concentrations of certain chemical constituents in the groundwater beneath the City of Canton, Illinois may exceed Class I quality standards for potable resource groundwater as set forth in 35 Illinois Administration Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 742 and any subsequent revisions or amendments; and WHEREAS, the City of Canton, Illinois desires to limit potential threats to human health and safety from groundwater contamination while facilitating redevelopment and productive use of properties that are the source of said chemical constituents; and WHEREAS, THE city of Canton, Illinois recognizes the potential threats to human health and safety and the potential groundwater contamination due to improperly constructed wells, abandoned wells, or other types of wells considered to be potential routes of contamination that may exist on the properties within the corporate limits of the City of Canton, Illinois; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: SECTION ,Definitions Community Water Supply; a public water supply which serves or is intended to serve at least 15 service connections used by residents or regularly serves at least 25 residents. Contaminant; any solid, liquid, or gaseous matter, any odor, or any form of energy, from whatever source. Groundwater; underground water which occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure. Non-Community Public Water Supply; a public water supply that is not a community water supply. 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; generally fit for human consumption in accordance with accepted water supply principles and practices. Potential Route; abandoned and improperly plugged wells of all kinds, drainage wells, all injection wells, including closed looped heat pump wells, and excavation for the discovery, development or production of stone, sand or gravel. Private Water System; any supply which provides water for drinking ,culinary, and sanitary purposes and serves anowner-occupied single family dwelling. Public Water Supply; all mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least 15 service connections or which regularly serve at least 25 persons at least 60 days per year. A public water supply is either a "community water supply" or a "non-community water supply". Semi-private Water System; a water supply which is not a public water system, yet which serves a segment of the public other than anowner-occupied single family dwelling. SECTION ,Use of groundwater as a private, semi-private, non-community public water supply, or community water supply not under the control of the City of Canton, Illinois is prohibited Except for such uses of potable drinking water wells that are properly constructed and are in existence before the effective date of this ordinance, the use or attempt to use a potable water well supply of groundwater from within the corporate limits of the City of Canton, Illinois by the installation or drilling of wells or by any other method is hereby prohibited, except at points of withdrawal by the City of Canton, Illinois. SECTION Memorandum of Understanding The Mayor of the City of Canton, Illinois is hereby authorized and directed to enter into a Memorandum of Understanding with the Illinois Environmental Protection Agency in which the City of Canton, Illinois assumes responsibility for tracking remedial sites, notifying the Illinois EPA of changes to this ordinance and taking certain precautions when sitting public potable water supply wells. SECTION ,Penalties Any person violating the provisions of this ordinance shall be subject to a fine of up to for each violation. SECTION ,Repealed All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed insofar as they are in conflict with this ordinance. SECTION 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 ,Effective Date This ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approved by the Mayor therof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 20th day of April , 2004, upon a roll call vote as follows: AYES: Aldermen Reed, Fillingham, Carl, Sarff, West, Nblleck, Hartford. NAYS: None. ABSENT: Alderman Hann, Attest: ~ ~'~ Nancy Whit s City ler Approved: Jerry M. Bohler, Mayor E. The City of Canton will take action as necessary to ensure that the potential source of potable water is protected from contamination or treated before it is used as potable water supply (35 Ill. Adm. Code 742.1015 (i)(6)(C)). NOTE: Notification under paragraph II. A. above or other communications concerning this MOU should be directed to: Manager, Division of Remediation Management Bureau of Land Illinois Environmental Protection Agency P.O. Box 19276 Springfield, IL. 62794-9276 III. SUPPORTING DOCUMENTATION The following documentation is required by 35 Ill. Adm. Code 742.1015(1) and is attached to this MOU: A. Attachment A: A opy of the groundwater or water well ordinance certified by the City Clerk or other offici as the current, controlling law (35 Ill. Adm. Code 742.1015(1)(3)); B. Attachment.. B• Identification of the legal boundaries within which the ordinance is ap~glic~tile ertification by City Clerk or other official that the ordinance is applicable `" everywhere within the corporate limits; if ordinance is not applicable throughout the entire city or village, legal description and map of area showing sufficient detail to determine where ordinance is applicable) (35 Ill. Adm. Code 742.1015(1)(2)); C. Attachment C: A statement of the authority of the unit of local government to enter into the MOU (council resolution, code of ordinances, inherent powers of Mayor or other official signing MOU -- attach copies) (35 Ill. Adm. Code 742.1015(1)(1)). IN WITNESS WHEREOF, the lawful representatives of the parties have caused this MOU to be signed as follows: FOR: City of Canton By: Date: Jerry M. Bohler, Mayor FOR: Illinois Environmental Protection Agency By: Date: Manager, Division of Remediation Management Bureau of Land Illinois Environmental Protection Agency CITY OF CANTON 2 North Main, Canton, Illinois 61520 • Telephone 309/647-0065 • FAX 309/647-1310 Jerry M. Bohlen, Mayor Nancy S. Whites, ctryaeric Patty Beaird Franzoni, city treasurer Ronald J. Weber, CRyAttomey Linda Caudle, Punuc Reiaaons cooroinaror FASCIMILE TRANSMITTAL LETTER DATE: ~ " ~ ~ ~ ~1 T TO: Attn: ~~~~ Company: Fax No. ~ ~t ~ " C~ ~~ Re: ~~ NO.OF PAGES: ~~12 (Including this cover page) FROM: Comments: CITY OF CANTON 2 North Main, Canton, Illinois 61520 • Telephone 309/647-0065 • FAX 309/647-1310 Jerry M. Kohler, Mayer Nancy S. Whites, crrycte-x Patty 8eaird Franzani, Ctry treasurer Ronald J. Weber, Ctryarromey Linda Caudle, Pu01ic Relations Coordineror FASCIMILE TRANSMITTAL LETTER DATE: ~ ~~ ~y ~ 5 NO.OF PAGES: (Including this cover page) TO: FROM: Attn: ~ J~"~-~ r~ Compan//y: Fax No. l0 ~'7 " (o /55 Re: k //~ `7 ~ `~ /!Y~ Comments: STATE OF ILLINOIS, ) CITY OF CANTON, ) SS. COUNTY OF FULTON. ) I, Nancy Whites, City Clerk of the City of Canton, in the County of Fulton and State of Illinois, do hereby certify that as the City Clerk of the City of Canton, I am the keeper of records, minutes, ordinances and other books, records and papers of said City, and that the foregoing is a true and correct copy of: ORDINANCE N0. 1794 AN ORDINFSICE DROHIBITIPdG THE USE OF GROUNA~IATER AS A PO'T~BLE F7A'IER SL~PLY BY THE INSTALLATION OF A POTABLE WATER SUPPLY WETS OR BY OTf~t MF,ANS . Adopted by the City Council of said City and approved by the Mayor thereof on the 20th. day of __ April , ~ 200.4 WITNESS my hand and the Corporate Seal of the City of Canton, Illinois this 28th day of April , ~ 200,4 ~ / ~~ Nancy Whi ,City Clerk (SEAL) 2 North Main Street, Canton, II. 61520 Telephone • 309/647-0065 • Fax 309/647-1310 Rodney W. Heinze -Mayor Nancy S. Whftes -City Clerk Kathleen Luker -Treasurer James Elson -City Attorney Fax Cover Sheet To: City of Canton From: Fax: ~( ~ 3 ~ ~ ~ ~ Pages: Phone: Date: Re: ~j ~~ ~ CC: ^ urgent Comments: ~ ~~ ~~~t~ ~.~_ ~ _ ~ .~ ._~ fix, t>' ~ ~' ` ~'~ .,~..a-. ~ ~ ~r ~ ~ ~ ~ ~: ~. CITY OF CANTON 2 North Main, Canton, Illinois 61520 • Telephone 309/647.0065 • FAX 309/647-1310 Jerry M. Bohler, Mayor Nancy S. Whites, c~rycierk Patty Beaird Franzoni, ary treasurer Ronald J. Weber, CityAttomey Linda Caudle, Public Ae/ations Coordinator Apri128, 2004 I, Nancy Whites, City Glerk of the City of Canton, in the County of Fulton and State of Illinois, do hereby certify that as the City Clerk of the City of Canton, Ordinance #1794 was passed by City Council on Apri120, 2004, and titled An Ordinance Prohibiting The Use of Groundwater As A Potable Water Supply By The Installation Of A Potable Water Supply Well Or By Other Means. The ordinance on page 1, paragraph 1, and the 4~' paragraph refers to properties within the corporate limits of the City of Canton, Illinois. Making the ordinance applicable everywhere within the corporate limits of the City of Canton. WITNESS my hand and the Corporate Seal of the City of Canton, Illinois this 28`h ,day of April' 2004. Nancy Wh' s, City Clerk (SEAL) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CANTON AND THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY REGARDING THE USE OF A LOCAL GROUNDWATER OR WATER WELL ORDINANCE AS AN ENVIRONMENTAL INSTITUTIONAL CONTROL I. PURPOSE AND INTENT A. This Memorandum of Understanding ("MOU") between the City of Canton and the Illinois Environmental Protection Agency ("Illinois EPA") is entered into for the purpose of satisfying the requirements of 35 Ill. Adm. Code 742.1015 for the use of groundwater or water well ordinances as environmental institutional controls. The Illinois EPS has reviewed the groundwater or water well ordinance of the City of Canton #1794 (Attachment A) and determined that the ordinance prohibits the use of groundwater for potable purposes and/or the installation and use of new potable water supply wells by private entities but does not expressly prohibit those activities by the unit of local government itself. In such cases, 35 Ill. Adm. Code 742.1015(a) provides that the unit of local government may enter into an MOU with the Illinois EPA to allow the use of the ordinance as an institutional control. B. The intent of this Memorandum of Understanding is to specify the responsibilities that must be assumed by the unit of local government to satisfy the requirements for MOU's as set forth at 35 Ill. Adm. Code 742.1015(1). II. DECLARATIONS AND ASSUMPTION OF RESPONSIBILITY In order to ensure the long-term integrity of the groundwater or water well ordinance as an environmental institutional control and that risk to human health and the environment from contamination left in place in reliance on the groundwater or water well ordinance is effectively managed, the City of Canton hereby assumes the following responsibilities pursuant to 35 Ill. Adm. Code 742.1015(d) (2) and (i): A. The City of Canton will notify the Illinois EPA Bureau of Land of any proposed ordinance changes or requests for variance at least 30 days prior to the date the local government is scheduled to take action on the proposed change or request (35 Ill. Adm. Code 742.1015(1)(4)); B. The City of Canton will maintain a registry of all sites within its corporate limits that have received "No Further Remediation" determinations from the Illinois EPA (35 Ill. Adm. Code 742.1015 (i)(5)); C. The City of Canton will review the registry of sites established under paragraph ILB. prior to siting public potable water supply wells within the area covered by the ordinance (35 Ill. Adm. Code 742.1015 (i)(6)(A)); D. The City of Canton will determine whether the potential source of potable water has been or may be affected by contamination left in place at the sites tracked and reviewed under paragraphs ILB. and C. (35 Ill. Adm. Code 742.1015(i)(6)(B)); and