Ordinance 2004-28 STATE OF ILLINOIS )
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COUNTY OF KENDALL )
ORDINANCE NO. 2004-l%
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS POTABLE
WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY
WELLS OR BY ANY OTHER METHOD
(FOX INDUSTRIAL PARK
WHEREAS, certain properties in The United City of Yorkville,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 United City of Yorkville may exceed Class I groundwater quality
standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or
Tier I residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and
WHEREAS, the United City of Yorkville 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 UNITED CITY OF YORKVILLE;
1. The use or attempt to use as a potable water supply groundwater from with the
corporate limits of the United City of Yorkville by the installation or drilling of wells
or by any other method within a two thousand six hundred foot radius of the property
commonly know as 106 Beaver Street and legally described as Lots 2, 3, and 4 in
Block 2 of Fox Industrial Park Unit 1 in the United City of Yorkville, Kendall
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County, Illinois is hereby prohibited.
2. Any person violating the provisions of this ordinance shall be subject to penalties as
provided in section 1-4-1 of this code.
3. Definitions:
a. "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 representative,
agents, or assigns."
b. "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.
4. The Mayor of the United City of Yorkville is hereby authorized and directed to enter
into a Memorandum of Understanding with the Illinois Environmental Protection
Agency"Illinois EPA"in which the United City of Yorkville assumes responsibility
for tracking the aforementioned remediation site, notifying the Illinois EPA of
changes to this Ordinance, and taking certain precautions when siting public potable
water supply wells.
5. Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
6. The various parts, sections, and clauses of this Ordinance are hereby declared to be
severable. If any part, sentence, paragraph, section, or clause is adjudged
unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the
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Ordinance shall not be affected thereby.
7. This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
IN WITNESS WHEREOF, this Ordinance has been enacted this day of
IkAe, 52004.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS 4—
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this �''' day of ��u�,t_ , A.D. 2004.
MAY R
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois
this t� day of��,,�,� , A.D. 2004.
Attest:
CITY&ERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
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