2015-59 PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY

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There are several reasons not to force the removal of all contamination from the City's right of way: 1. In some cases, the contamination may not have actually encroached into the right of way but it may be projected by a computer model to be"likely"to enter the right of way by ground water migration in the coming years. 2. The IEPA has determined that in many cases, contaminated soils are sufficiently isolated within the right of way that they do not pose a significant threat to human health or the environment which renders full removal unnecessary. 3. In the past, removal of contaminated soil from the right of way has been considered to be impractical. It may require significant legal expense to force removal. 4. Removing contaminated soil from the right of way can be a great expense to the owner of the contamination source and the Leaking Underground Storage Tank Fund(LUST), a significant disruption to the public with the removal of potentially vast amounts of roadway and associated utilities. There is the potential of great expense for relatively little gain. 10. What are the penalties for future occurrences? Generally,the IEPA levies no penalties if the spill is cleaned up. If a timely cleanup does not occur the penalties can be stiff with fines of up to $10,000 per day since the violation began. 11. How is a ground water ordinance enforced? How do property owners know that they cannot drill potable water wells areas covered by a Ground Water Ordinance? Enforcement is a difficult issue and one that the IEPA does not directly address. With the vast majority of Decatur being served by its municipal water system, potable water wells are not common in the City although they are present at vaxious locations. The City is not involved with licensing or permitting potable water well installation. The Macon County Health Department authorizes all potable water wells that are installed in Macon Couniy. Section I of the Macon County Water Well Permit and Water Supply Ordinance states: "In those locations where a public water supply is reasonably available, that supply shall be the sole source of water for drinking and culinary purposes. " 'll contact the Cit with an re uests for otable water wells within City The Health Department wi y Y q P limits; such requests are very rare due to the availability of the City's public water supply. The City shows the Ground Water Ordinance areas on its Geographic Information System (GIS) in order to identify and track the areas. The Health Department is concerned that wells are occasionally installed without proper permits. The City's Ground Water Use Ordinance specifies a$500 per violation fine for any potable water wells drilled in a prohibited area. As the number of Ground Water Ordinances enacted by the City increases it becomes increasingly desirable, from an enforcement standpoint, to enact an ordinance prohibiting any new potable water wells within the City limits. This is a topic for further review. Page � 5