For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
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.
(Ord. 10-32, passed 10-11-10)
(A) Except for such uses or methods in existence before the effective date of the ordinance codified herein, the use or attempt to use as a potable water supply groundwater from within the corporate limits of the City of Paxton, Illinois, 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 the City of Paxton, Illinois.
(B) The Superintendent of the Water and Sewer Department will notify the Illinois Environmental Protection Agency, Bureau of Land, of any proposed ordinance changes or requests for variance at least 30 days prior to the date the city is scheduled to take action on the proposed changes or request.
(C) The Superintendent of the Water and Sewer Department of the City of Paxton, Illinois, will maintain a registry of all sites within its corporate limits that have received "No Further Remediation" determinations from the Illinois Environmental Protection Agency.
(D) The Superintendent of the Water and Sewer Department will review the registry of sites established under this section prior to siting public potable water supply wells within the area covered by this section.
(E) The Superintendent of the Water and Sewer Department will determine whether the potential source of potable water has been or may by affected by contamination left in place at the sites tracked and reviewed under this section.
(F) The Superintendent of the Water and Sewer Department will take action as necessary to ensure that the potential source of potable water is protected from contamination or treated before it is used as a potable water supply.
(Ord. 10-32, passed 10-11-10) Penalty, see § 53.99
The Mayor of the City of Paxton, Illinois, is hereby authorized and directed to enter into a memorandum of understanding with the Illinois Environmental Protection Agency ("Illinois EPA") in which the City of Paxton, Illinois, 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 chapter, and taking certain precautions when siting public potable water supply wells. That the Memorandum of Understanding with the Illinois EPA, in substantially the form as attached to the ordinance codified herein and incorporated by reference therein as "Exhibit A", is hereby approved, and the Mayor is authorized hereby to execute and deliver the same.
(Ord. 10-32, passed 10-11-10)
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