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 Effingham
 Code of Ordinances
 Chapter 24. WATER
 Article I. IN GENERAL

  § 24-3. Use of ground water as potable water supply prohibited.  

Latest version.

  • (a)

    Prohibition. After the effective date of this section, the use or attempted use as a potable water supply ground water within the corporate boundaries of the city by the use, installation or drilling of wells or by any other method, directly or indirectly, is hereby prohibited. No well(s) intended to be used as a potable water supply shall be drilled or installed, or caused to be drilled or installed within the corporate boundaries of the city.

    (b)

    Penalties. Any person violating the provisions of this section shall be deemed guilty of a civil ordinance violation and subject to a fine of up to five hundred dollars ($500.00) for each such violation. Each day that such violation is allowed or permitted to exist shall constitute a separate offense. The city may seek injunctive or declaratory relief from a court of competent jurisdiction to enforce the provisions of this section.

    (c)

    Definitions.

    Person shall mean 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 shall mean any water used for human or domestic consumption, including but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.

    Waterworks shall have that meaning as stated in 65 ILCS 5/11-130-2.

    (d)

    Memorandum of understanding. The mayor is hereby authorized and directed to enter into a memorandum of understanding with the Illinois Environmental Protection Agency in that form as attached hereto.

    (e)

    Preexisting use. Any well existing within the corporate boundaries of the city and being used as a potable water supply prior to the date of this section may continue to be used as a potable water source by those persons using such well as a potable water supply; provided, however, that if the city waterworks is extended to a location within one hundred (100) feet of the boundary line of the real estate upon which the well is located, then such well shall be sealed in accordance with 415 ILCS 30/1 et. seq. and the regulations promulgated pursuant thereto by the Illinois Department of Public Health, and the use of such well as a potable water supply shall terminate and the person then using such well as a potable water supply shall, at such person's expense, install a water service line and connect such line to the city waterworks in accordance with city ordinances and the rules and regulations of the city water department, as amended from time to time. In the event that compliance with this subsection causes severe economic hardship to a person using a well as a potable water supply prior to the effective date of this section, then such person may apply to the city council for an exemption from the requirements of this subsection. Said application shall be in writing and shall state the circumstances and factual basis for such severe economic hardship. Said application shall be granted or denied following a hearing before the city council. Said grant or denial shall be in writing issued to the person within ninety (90) days of said hearing. The city council may place reasonable restrictions or conditions on such exemption as are deemed necessary to secure the purposes of this section. Nothing contained in this section notwithstanding, those wells identified in attached list (Exhibit A)* are hereby declared to be exempt from this section; provided, however, that the use of those wells identified therein may not be expanded or increased, and in the event any such well(s) is closed, capped or otherwise taken out of service as a potable water source, such well(s) may not thereafter be opened, uncapped, or otherwise placed back in service as a potable water source. []

    (f)

    Requirements. The office of the building official shall:

    (1)

    Notify the Illinois Environmental Protection Agency Bureau of Land of any proposed ordinance changes, exemptions, or requests for variance at least thirty (30) days prior to the date the local government is scheduled to take action on the proposed change or request pursuant to 35 Illinois Administrative Code 742.1015(i)(4); and

    (2)

    Maintain a registry of all sites within its corporate limits that have received "no further remediation" determinations from the Illinois Environmental Protection Agency pursuant to 35 Illinois Administrative Code 742.1015(i)(5); and

    (3)

    Review the registry of sites established under subsection (f)(2) prior to siting public potable water supply wells within the area covered by the Ordinance pursuant to 35 Illinois Administrative Code 742.1015(i)(6)(A); and

    (4)

    Determine whether the potential source of potable water has been or may be affected by contamination left in place at the sites tracked by and reviewed under subsections (f)(2) and (3) pursuant to 35 Illinois Administrative Code 742.1015(i)(6)(B); and

    (5)

    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 pursuant to 35 Illinois Administrative Code 742.1015(i)(6)(C).

(Ord. No. 53-99, §§ 1—4, 8, 9, 12-21-99)

Editor's note

Ord. No. 53-99, §§ 1—4, 8, 9, adopted Dec. 21, 1999, did not expressly amend this Code; hence, inclusion of its provisions as § 24-3 herein was at the discretion of the editor.