2013-70 PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY

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wo— Boo : 4350 Rage: 690 ORDINANCE NO. 2 013-7 0 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 WITHIN A CERTAIN AREA IN THE CITY OF DECATUR WHEREAS, certain property within the City of Decatur, Illinois (the "City") located at 3429 North 22nd Street,has been used over a period of time for commercial or ' dustrial purposes; and, WHEREAS, because of said use, concentrations of certain chemical stituents in the groundwater beneath the City may exceed Class 1 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 Decatur desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are at or around the source of said chemical constituents. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUN IL OF THE CITY OF DECATUR, ILLINOIS: Section 1. Except for such uses or methods in existence before the eff tive date of this ordinance, the use or attempt to use groundwater as a potable water supply from within the area depicted on Exhibit A, attached hereto and made a part of this Ordinance,by the installation or drilling of wells or by any other method is hereby prohibited. This prohibition expressly includes the City of Decatur. Section 2. 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 3. The following terms shall have the definitions set forth below: "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.