A. Definitions: As used in this section, the following terms shall have the following meanings:
GROUNDWATER: Water within the earth that supplies wells and springs.
POTABLE WATER: Any water used for human or domestic consumption including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.
WATER WELL: An excavation or structure created in the ground by digging, driving, boring or drilling to access groundwater from underground aquifers.
B. Prohibition On The Construction Or Use Of Private Wells: The use, as a potable water supply, of groundwater from within the corporate limits of the Village, by the installation or drilling of water wells or by any other method is hereby prohibited, including at points of withdrawal.
C. Exemption: Private wells that were established as of November 1, 2012, are exempt from the usage prohibition contained within subsection B of this section provided that the well is operated and maintained in compliance with all applicable laws, codes, rules and regulations of the State of Illinois, the DuPage County Health Department, and the Village. In the event that the private well fails to comply with said applicable laws, codes, rules and regulations, then the well shall be sealed and capped pursuant to this section.
D. Disconnection Of A Private Well: Immediately, upon the Village's determination that any private water well has been kept or maintained in violation of this Code, including, but not limited to, any cross connection between the Village's water system and the property owner's private water well, the Village shall order the disconnection of the property from the Village's water supply system and take any and all other actions as may be necessary to protect the health, safety and welfare of the users of the Village's water system, including, disconnecting the property from the Village's water supply system, in which case the cost thereof shall be charged to the property owner and paid to the Village by the property owner. Within seven (7) days after any such determination by the Village, the property owner shall cause the private water well to be sealed and capped by an Illinois licensed water well contractor pursuant to applicable rules and regulations of the DuPage County Health Department.
E. Amortization: In addition to the disconnection provisions as described in subsection D of this section, any private water well, regardless of when it was established, shall be sealed and capped when the use of the site changes or the structure that is being served is demolished, reconstructed and/or expanded to the following degree:
1. The water well would have to be relocated due to demolition;
2. The water well would have to be relocated due to the reconstruction or expansion of the structure;
3. Significant plumbing work would need to be completed in order to provide for the continued adequate potable water service in a manner that protects life, health and safety.
F. Reconnection Of Water Service: Reconnection to the village's water system shall be permitted only upon certification that the well has been sealed and capped by a licensed water well contractor in accordance with this code and the rules and regulations of the DuPage County health department, as they exist when the well is sealed and capped, and that there are no other violations of this code and the rules and regulations of the DuPage County health department with respect to the groundwater supply and/or potable water system on the property.
G. Village Costs: Prior to reconnection, the property owner shall reimburse the village for any and all reasonable costs and expenses, including reasonable attorney fees and costs of litigation, which the village has incurred or will incur because of a violation of this section. In addressing any violation of this code and the rules and regulations of the DuPage County health department, the village shall have all legal and equitable remedies available to it, including specifically the remedies of injunction and specific performance.
H. Penalty: Any person violating the terms and conditions of this section shall be punishable as provided in section 1-4-1 of this code. (Ord. 2012-46, 11-26-2012)