(A) Defined terms. As used in this environmental restrictive section, the following terms shall have the following meanings.
(1) The term WATER WELL shall mean any well system that extracts ground water, including but not limited to those extracting ground water for human consumption, bathing, showering, cooking, irrigation, cooling, or manufacturing, and any other system extracting ground water for any residential, commercial, or other use; however, the term WATER WELL shall not mean ground water wells used as part of an environmental investigation or remediation project.
(2) The term AREA shall mean and refer to the area confined by boundaries connecting the
following latitude and longitude coordinates, which area corresponds approximately to the group of parcels and lots bordered by the Amtrak Railroad to the north, property located at 1000IN-121 to the south, Water Street to the east, and Sycamore and Reid Streets to the west:
(a) Latitude 39° 38' 52.847" N, Longitude 85° 8' 26.078" W (approximate intersection of Sycamore Street and the Amtrak Railroad);
(b) Latitude 39° 38' 45.882" N, Longitude 85° 8' 2.517"W (approximate intersection of Amtrak Railroad and Eastern Avenue);
(c) Latitude 39° 38' 42.295" N, Longitude 85° 7' 59.074" W (approximate intersection of Tenth Street and Conwell Street);
(d) Latitude 39° 38' 15.002" N, Longitude 85° 8' 20.340" W (approximate intersection of 2nd Street and Water Street);
(e) Latitude 39° 37' 34.134" N, Longitude 85° 8' 24.660" W (approximate southeast corner of 1000 South State Road 121 property);
(f) Latitude 39° 37' 34.082" N, Longitude 85° 8' 33.302" W (approximate southwest corner of 1000 South State Road 121 property);
(g) Latitude 39° 37' 40.426" N, Longitude 85° 8' 32.762" W (approximate 600 feet north of location vi);
(h) Latitude 39° 37' 40.530" N, Longitude 85° 8' 40.795" W (approximate intersection of State Road 121 and 1,000 South State Road 121 property);
(i) Latitude 39° 38' 11.882" N, Longitude 85° 8' 35.260" W (approximate intersection of First Street and State Road 121);
(j) Latitude 39° 38' 23.892" N, Longitude 85° 8' 37.150" W (approximate intersection of Second Street and Western Avenue);
(k) Latitude 39° 38' 44.686" N, Longitude 85° 8' 34.314" W (approximate intersection of Eighth Street and Reid Street); and
(l) Latitude 39° 38' 44.790" N, Longitude 85° 8' 26.281" W (approximate intersection of Eighth Street and Sycamore Street).
(3) A visual depiction of the approximate area is as attached to Ord. 6488.
(B) Prohibitions against water wells within the area. No person, including any natural person, corporation, partnership, association or any other type of entity, shall use, drill, or otherwise install or modify a water well, as defined in this section, within the area.
(C) Prohibitions against ground water use within the area. No person, including any natural person, corporation, partnership, association or any other type of entity, shall withdraw, consume, or otherwise use ground water within the area.
(D) Enforcement. Connersville utilities shall be authorized to enforce this section and collect any fines generated as a result of violations of this section. Violations of this section shall be punishable by a fine not to exceed $100 per day for each violation. Each day that such person continues to have any such water well or continues to use any such ground water shall be a separate violation.
(E) IDEM notification. In accordance with I.C. §§ 36-1-6-11(a) and 36-4-6-14(f), the City Clerk-Treasurer of the City of Connersville is hereby directed to provide IDEM with: written notice not later than 30 days after passage of this section; written notice not later than 60 days before any future amendment or repeal of this section; and written notice not later than 30 days after any such amendment or repeal of this section. These written notices shall be mailed or delivered to the following address or any revised address provided in writing by IDEM or its successor agency:
IDEM, Office of Land County Remediation Services Branch Attn: Branch Chief IGCN - Suite 1101
100 N. Senate Avenue
Indianapolis, IN 46204-2251
(Ord. 6488, passed 6-4-18)