Ordinance 2001-06 r �
STATE OF ILLINOIS ) 115101
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2001--ja_
COMMUNITY WELL WATER PROTECTION ORDINANCE
(Minimum and Maximum Setback Ordinance)
WHEREAS the Mayor and City Council of the UNITED CITY OF YORKVILLE deem
it necessary to establish set back zones to protect the water supply of the UNITED CITY OF
YORKVILLE; and
WHEREAS the Mayor and City Council deem the regulation of the City's water supply
and protection of the areas surrounding the City's water wells to be in the interest of public
health, safety and welfare; and
WHEREAS the purpose of this ordinance is to preserve the quality and quantity of
groundwater resources in order to assure a safe and adequate water supply for present and future
generations; and
WHEREAS a public hearing was held before the City Council seeking public comment
as required by the Illinois Environmental Protection Act(415 ILCS 5/14.3 (c));
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE AS FOLLOWS:
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MINIMUM AND MAXIMUM SETBACK ZONE ORDINANCE PROVISIONS
Section 1. Purpose
Section 2. Definitions
Section 3. Prohibitions
Section 4. Waivers, Exceptions, and Certifications of Minimal Hazard
Section 5. Exclusion
Section 6. Repealer
Section 7. Severability
Section 8. Effective Date
Appendix A. Minimum and Maximum Setback Zone Map and Description
Section 1. Purpose
Pursuant to the authority conferred by 65 ILCS 5/11-125-4 (1996); 415 ILCS 5/14.2, and 5/14.3
(1996); and in the interest of securing the public health, safety and welfare; to preserve the
quality and quantity of groundwater resources in order to assure a safe and adequate water supply
for present and future generations; and to preserve groundwater resources currently in use and
those aquifers having a potential for future use as a public water supply,the provisions of this
ordinance shall apply to all properties located within the minimum setback zone established
under Section 14.2 of the Environmental Protection Act("Act") (415 ILCS 5/14.2 (1996)) and
this ordinance, and the maximum setback zone established under Section 14.3 of the Act(415
ILCS 5/14.3 (1996)) and this ordinance.
Section 2. Definitions
Except as stated in this ordinance, and unless a different meaning of a word or term is clear from
the context, the definitions of words or terms in this ordinance shall be the same as those used in
the Act and the Illinois Groundwater Protection Act 415 ILCS 5511 (1996)):
"Act"means the Environmental Protection Act(415 ILCS 511 (1996)).
"Agency"means the Environmental Protection Agency.
"Board"means the Illinois Pollution Control Board.
"Maximum Setback Zone"means the area around a community water supply well
established under Section 14.3 of the Act and this ordinance, and described in Appendix
A.
"Minimum Setback Zone"means the area around a community water supply well
established under Section 14.2 of the Act and this ordinance, and described in Appendix
A.
Page 2 of 5
Section 3. Prohibitions
a) Except as provided in Sections 4 or 5,no person shall place a new potential
primary source,new potential secondary source, or new potential route within the
minimum setback zone.
b) Except as provided otherwise in Section 4,no person shall place a new potential
primary source within the maximum setback zone.
Section 4. Waivers
a) If, pursuant to Section 14.2(b) of the Act,the owner or a new potential primary
source, new potential secondary source, or new potential route is granted a waiver
by the Agency, such owner shall be deemed to have a waiver to the same extent
from Section 3(a) of this ordinance.
b) If,pursuant to Section 14.2(c) of the Act,the owner or a new potential primary
source (other than land filling or land treating),new potential secondary source,or
new potential route is granted an exception by the Board, such owner shall be
deemed to have an exception to the same extent from Section 3(a) of this
ordinance.
C) If,pursuant to Section 14.2(c) of the Act, the owner or a new potential primary
source (other than land filling or land treating) is granted an exception by the
Board, such owner shall be deemed to have an exception to the same extent from
Section 3(b) of this ordinance.
d) If,pursuant to Section 14.5 of the Act, the owner or a new potential primary
source, new potential secondary source, or new potential route is issued a
certificate of minimal hazard by the Agency, such owner shall not be subject to
Section 14.2(d) of the Act.
Section 5. Exclusion
Section 3(a) of this ordinance shall not apply to new common sources of sanitary pollution as
specified pursuant to Section 17 of the Act and the regulations adopted thereunder by the
Agency, however, no common sources may be located within the minimum distance from a
community water supply well specified by such regulations.
Section 6. Repealer
All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance
shall be and the same are hereby repealed.
Page 3 of 5
Section 7. Severability
If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision, and such holding shall not affect the
validity of the remaining portions hereof.
Section 8. Effective Date
This ordinance shall be in effect from and after its passage, approval and publication in pamphlet
form as provided by law.
Appendix A Illustration of the proposed minimum and maximum zone ordinance area. See
attached map.
PAUL JAMES I 1
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
AP ROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this � ay of , A.D. 2001.
i� 9
MAYOR
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P SSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this day of , A.D. 2001.
Attest: �C ) ol�r,�c.�.� K• �J-(�r.w�rrrb
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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