2016-79 Prohibiting the Use of Groundwater as Potable Water 3002 N Water

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ORDINANCE NO. 2 016—7 9 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 3002 North Water Street, has been used over a period of time for commercial or industrial purposes; and, WHEREAS, because of said use, concentrations of certain chemical constituents 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 COUNCIL OF THE CITY OF DECATUR,ILLINOIS: l Section 1. Except for such uses or methods in existence before the effective 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. "Potable Water" is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.