2011-36 PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY

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Public Works Memorandum NO. 2011-35 DATE: May 23, 2011 TO: Honorable Mayor McElroy and City Council FROM: Ryan P. McCrady, City Manager Richard G. Marley, P.E., Director of Public Works SUBJECT: Ground Water Ordinance for the D&D Marathon Located at 1312 North Water Street SUMMARY RECOMMENDATION: It is recommended that the City Council approve the attached Ground Water Ordinance prohibiting the use of groundwater as a potable water supply for the D&D Marathon Station located at 1312 North Water Street. PRIOR COUNCIL ACTION: There have been no prior Council actions regarding ground water contamination at 1312 North Water Street. Prior Council Action on Ground Water Ordinances: Since 2002, the City Council has authorized 16 ground water ordinances at various locations in the City. BACKGROUND: Ground Water Ordinance: City staff was contacted by LandTech Environmental Services who represents the owner of the D&D Marathon located at 1312 North Water Street regarding their remediation efforts resulting from petroleum releases infiltrating into the ground from leaking underground fuel storage tanks located at the site for many years. A Ground Water Ordinance is a tool used by the Illinois Environmental Protection Agency (IEPA) to remediate properties where soil and ground water under the site have been contaminated by chemicals. The ordinance prohibits the use of groundwater as a potable water supply within the area identified on Exhibit A as having the maximum potential for ground water contamination from petroleum that was released from the site over the years. The major benefit of a ground water ordinance is that it serves to keep contaminated water isolated underground and not allow it to be used for human consumption. The ground water use prohibition area depicted on Exhibit B is served by the City's public water supply so the prohibition will not create a hardship on area residents or businesses. Page I 1