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2007-05-21 - Ordinance 2007-030 - PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY0- 5/14/07 11R ORDINANCE NO. 2007 - 30 AN 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 WHEREAS, certain properties in the Village of Buffalo Grove, Illinois have been used over a period of time for commercial/industrial purposes; and WHEREAS, because of said use. concentrations of certain chemical constituents in the groundwater beneath the Village of Buffalo Grove may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier I remediation objectives as set forth in 35 Illinois Administrative Code 742: and WHEREAS, the Village of Buffalo Grove desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of said chemical constituents; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section One. Except for such uses or methods in existence before the effective date of this ordinance, The use or attempt to use as a potable water supply groundwater from a 500' radius from property located at 50 E. Lake -Cook Road as depicted in Exhibit A attached hereto and made a part hereof within the corporate limits of the Village of Buffalo Grove, as a potable water supply, by the installation or drilling of wells or by any other method is hereby prohibited. This prohibition expressly includes the Village of Buffalo Grove. Section Two. Penalties. Any person violating the provisions of this ordinance shall be subject to a fine of up to $500.00 for each violation. Section Three. Definitions. "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. 0 ! I IR "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. Section Four. Repealer. All ordinances or parts of ordinances in conflict with this ordinance are here repealed insofar as they are in conflict with this ordinance. Section Five. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudicated invalid. Section Six. Effective date. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. This ordinance shall not be codified. AYES: 5 - Braiman, Glover, Berman, Trilling, Rubin NAYES: 0 - None ABSENT: 1 - Kahn PASSED: May 21 , 2007. APPROVED: May 21 .2007. PUBLISHED: May 22 , 2007. ATTEST: illage Clerk APPROVED: Village President EXHIBIT A The area subject to this Ordinance is within a 500' radius of 50 E. Lake Cook Road as depicted below: t' IU WP =D Rlmf a WICE O P CAKID, 'r MPW PAOTOl70 WOO10111fs OAD➢i1M0 ■6P gx'r °r•.. �' . h � ti sue. oa r000a.�s�ep W tum mm nmm YnWm cmund...trr a Pav;ra ftl &cries, hie. Im OOW&W h U1\ M 511f1C 4 rWml L Mm �. � srr M MW WK s-9 -o7 3 r STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on May 21, 2007, the Corporate Authorities of the Village passed and approved Ordinance No. 2007 -30 entitled: AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF PORABLEWATER SUPPLY WELLS OR BY ANY OTHER METHOD provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2007 -30, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall commencing on May 22, 2007 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 22nd day of May, 2007. Vilvge Clerk d . 44A By AL 5/14/07 ORDINANCE NO. 2007 - 30 AN 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 WHEREAS, certain properties in the Village of Buffalo Grove, Illinois have been used over a period of time for commercial/industrial purposes; and WHEREAS, because of said use. concentrations of certain chemical constituents in the groundwater beneath the Village of Buffalo Grove may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier I remediation objectives as set forth in 35 Illinois Administrative Code 742: and WHEREAS, the Village of Buffalo Grove desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of said chemical constituents; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section One. Except for such uses or methods in existence before the effective date of this ordinance, The use or attempt to use as a potable water supply groundwater from a 500' radius from property located at 50 E. Lake -Cook Road as depicted in Exhibit A attached hereto and made a part hereof within the corporate limits of the Village of Buffalo Grove, as a potable water supply, by the installation or drilling of wells or by any other method is hereby prohibited. This prohibition expressly includes the Village of Buffalo Grove. Section Two. Penalties. Any person violating the provisions of this ordinance shall be subject to a fine of up to $500.00 for each violation. Section Three. Definitions. "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. Section Four. Repealer. All ordinances or parts of ordinances in conflict with this ordinance are here repealed insofar as they are in conflict with this ordinance. Section Five. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudicated invalid. Section Six. Effective date. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. This ordinance shall not be codified. AYES: 5 - Braiman, Glover, Berman, Trilling, Rubin NAYES: 0 - None ABSENT: 1 - Kahn PASSED: May 21 , 2007. APPROVED: May 21 , 2007. PUBLISHED: May 22 , 2007. ATTEST: illage Clerk APPROVED: Village President 2 w i Ki I WT The area subject to this Ordinance is within a 500' radius of 50 E. Lake Cook Road as depicted below: y n r 0 PADP0KD GROU DWAUR QIDK9" I �I O APFA EDD' D/DIVS OPW SUE -tea. 9 w amr. STA' as+ oars RWWN ae ner un 000i M •• 't. ' m7ma tee. mama Sm Ia60 00K0RV[ 91E 4 wn0ol 4 . I�f�• � M YRE I1PlME 3