(A) Prohibitions.
(1) Except for such uses or methods in existence before the effective date of this section, the use of, or attempted use of, groundwater from within a defined area of concern within the corporate limits of the city, as a potable water supply, by the installation or drilling of wells or by any other method, is hereby prohibited. This prohibition does not include or apply to public water supply wells of the city already in place.
(2) Except for wells used for environmental monitoring purposes, the use of, or attempted use of, groundwater for any purpose from within a defined area of special concern within the corporate limits of the city, by the installation or drilling of wells or by any other method, is hereby prohibited.
(B) Penalties. Any person violating the provisions of this section shall be subject to a fine of up to $250 for each violation. Each prohibited well or other method employed and each day of use thereof in violation of the prohibitions in this section is deemed a separate violation.
(C) Definitions.
(1) AREA OF CONCERN. The area so platted on Exhibit A, which Exhibit is approved as an integral part of Ordinance No. 1325, passed October 16, 2006. At the date of first adoption hereof, the defined AREA OF CONCERN is all of that area within the city shown within the red lines but not within the Area of Special Concern on Exhibit A, consisting of the indicated property generally downgradient of the drives incorporated "source area" for which a demonstration of compliance with Tier 3 Remediation Objectives has not been made. The AREA OF CONCERN may be verbally described as indicated on Exhibit A.
(2) AREA OF SPECIAL CONCERN. The area so platted on Exhibit A, which Exhibit is approved as an integral part of Ordinance No. 1325, passed October 16, 2006. At the date of first adoption hereof, the defined AREA OF SPECIAL CONCERN is enclosed by the area of concern shown on Exhibit A, consisting of the property within the yellow lines on Exhibit A with such proximity to the drives, incorporated "source area" as to make prohibition of all water extraction a reasonable precaution for the protection of public health and safety. The AREA OF SPECIAL CONCERN may be verbally described as indicated on Exhibit A.
(3) PERSON. 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.
(4) 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.
(D) Memorandum of understanding. The Mayor is hereby authorized and directed to enter into a memorandum of understanding with the Illinois Environmental Protection Agency ("Illinois EPA") in which the city assumes responsibility for tracking all sites that have received no further remediation determinations from the Illinois EPA, notifying the Illinois EPA of changes to this section, and taking certain precautions when siting new public potable water supply wells.
(Ord. 1325, passed 10-16-06)