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