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

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10/14/2015 Item Coeersheet Public Works DAT'E: 10/14/2015 MEMO: 2015-39 TO: Honorable Mayar Moore Wolfe and City Council FROM: Timothy Gleason, City Manager Richard G. Marley, P.E., Public Warks Director SUBJECT: Ordinance Prohibiting the Use of Groundwater Clark Oil& Refining 1251 North Hill Avenue SUMMARY RECOMMENDATION: It is recommended by staff that the City Council approve the attached Ground Water Ordinance prohibiting the use of groundwater as a potable water supply far the former Clark Oil& Refming business located at 1251 North Hill Avenue. This is a portion of the property containing the new County Market at Grand and Oakland Avenues. The ord'mance also repeals Ordinances 2015-12, the original ground water ordinance; and 2015-49, which amended the original ordinance. BACKGROUND: Amended Ground Water Ordinance: On April 6, 2015, the City Council authorized a groundwater ordinance at the request of Fehr Graham Engineering& Environmental, who represents the owner of the former Clark Oil station located at 1251 North Hill Avenue regarding their remediation efforts resulting from chemicals that have infiltrated into the ground from leaking petroleum tanks at the site for many years. Once a ground water ordinance is approved by the City, the property owner submits it to the IDinois Environmental Protection Agency(IEPA) for fmal approval. The IEPA rejected the proposed ordinance, requiring that the boundary follow whole property lines whereas Fehr Graham's initial submittal split some properties. When the revised ordinance was brought before Council on September 21, 2015, reference to Exhibit B was inadvertently omitted. Exhibit B is the map that identifies the area covered by the ordinance, and is required, to meet the Illinois Environmental Protection Agency's requirements. The action proposed herein is to repeal the earlier ordinances and approve a new ground water use ordinance for the former Clark Oil Station at 1251 North Hill Avenue. The Purpose of Ground Water Ordinances: 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 for the area identified on Exhibit A as having the ma�tnum potential for ground water contamination from petroleum that was released from the site over the years. The major benefit of a ground water ardinance 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 is served by the City's public water supply so the prohibition will not create a hardship for area residents or businesses. Water well information is normally gathered through the use of the Source Water Assessment Program(SWAP) database. This database is maintained by the Illinois Environmental Protection Agency(IEPA) and is a compilation of data from the Illinois State Geologic Survey, the Illinois State Water Survey, the Illinois Department of Public Health, and the IEPA. The water well survey of the area was completed using the IEPA's SWAP database. The database shows no wells existing within the proposed ground water ardinance area. City water serves the area so future wells will not be needed. The City maintains the location of ground water use restriction areas on its geographic information system(GIS). This information is shared with the Macon County Health Department which is the agency in the County that permits well installation. Frequently asked questions are attached hereto as Appendix A for the information of the City Council. PRIOR COUNCIL ACTION: September 21, 2015 -The City Council approved Ordinance 2015-49 Amending Ordinance 2015-12 to expand the area to be included in the Groundwater Ordinance prohibiting the use of groundwater as a potable water supply for the former Clark Oil site located at 1251 North Hill Avenue. Apri16, 2015 - The City Council authorized Ordinance 2015-12 to address ground water contamination for the former Clark Oil site located at 1251 North Hill Avenue. Prior Council Action on Ground Water Ordinances: Since 2002, the City Council has authorized 21 https://decatur.nowsag enda.corrdag endaWeb/Co�erSheet.asp�C?ItemID=282 ��2