Chapter 8.16
USE OF GROUNDWATER AS A POTABLE WATER SUPPLY – PROHIBITION
Sections:
8.16.010 In general.
A. Prohibition. On and after the effective date of the village’s designation of a restricted groundwater zone under this chapter, no person may install or drill a groundwater well, cistern or other groundwater collection device in such zone for use in supplying potable water, and no person shall use or attempt to use such well, cistern or device for the supply of potable water.
B. Definitions. For purposes of this section:
1. “Person” is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, the village of Riverdale and any other political subdivision, or any other legal entity, or any of its or their legal representatives, agents or assigns.
2. “Potable water” is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, preparing foods, watering lawns, or watering gardens in which produce intended for human consumption is grown.
3. “Restricted groundwater zone” is that areal extent of “groundwater,” within the village limits, and around the “source” of a “release” of “petroleum” or “regulated substance,” as those words are used at Titles XVI and XVII of the Illinois Environmental Protection Act, 415 ILCS 5/1, et seq. (“the Act”), which has been designated by the village board pursuant to subsections E and H of this section. That area shall extend to the area described in subsection H of this section, but in no event to an area greater than all groundwater within the village limits which is within two thousand five hundred feet of the source of the release.
C. Application for Zone Designation. An owner of property within or outside the village limits may apply to the village for the designation of a restricted groundwater zone around a source of a release on the owner’s property, provided the owner (or a consultant acting for the benefit of the owner) is already in the process of investigating or remediating contamination on the property under the review of the Illinois Environmental Protection Agency, pursuant to the provisions of Title XVI or XVII of the Act. The application shall be in writing, shall be filed with the village clerk with an original and three copies, and must be accompanied by an application fee. The owner shall be considered the applicant.
1. Contents of Application. The application shall consist of a letter to the village clerk, requesting the village board to enact an ordinance designating a restricted groundwater zone pursuant to this chapter, and containing at least the following:
a. Proof of the owner/applicant’s ownership of the property and a scaled drawing of the property;
b. The most recent Illinois EPA-approved “corrective action plan” for the applicant’s property, if any, submitted under 35 Ill. Admin. Code 731, 732 or 740;
c. All of that information required by 35 Ill. Admin. Code 742.320 or 742.805 to be submitted by the applicant to Illinois EPA in order to exclude the groundwater ingestion exposure route from consideration in the approval of a corrective action plan or completion report for the property;
d. All of that information required by 35 Ill Admin. Code 742.1015(b) to be submitted by the applicant to Illinois EPA in order to obtain approval of this chapter and the requested restricted groundwater zone;
e. A scaled map and a written description of the area proposed by the applicant to be the restricted groundwater zone; and,
f. A description of the particular intended use(s) to which the applicant’s property is to be put if Illinois EPA issues a “no further remediation” letter to the owner, and a statement whether the “no further remediation” letter will contain a generic use limitation.
2. Notification of Application. Not later than seven days after filing the application, the applicant shall serve notice, by certified mail, return receipt requested, on the current owners of all real property shown in the application to be underlain by groundwater which exceeds (or has been modeled as exceeding) the applicable groundwater remediation objectives. Proof of service on the addressees shall be filed with the village clerk not later than seven days prior to the village’s decision on the application. The notification shall provide to the addressee a complete copy of the application, except those portions required by subsections (C)(1)(b) and (c) of this section. The notification shall, by prominent language and type face, advise the addressee that a complete copy of the application is available for review in the village clerk’s office and that comments on the application may be submitted to the village clerk for consideration by the village board.
3. Application Fee. The application fee shall be paid by a certified or cashier’s check or money order, in the greatest of the following amounts:
a. If applicable groundwater remediation objectives have been exceeded (or exceedances have been modeled) at any point in the groundwater twenty-five or more feet away from the applicant’s property line; and:
i. Any of the applicable groundwater remediation objectives is twenty-five parts per billion (twenty-five-thousandths mg/L) or less, three thousand five hundred dollars; or
ii. All applicable groundwater remediation objectives are greater than twenty-five parts per billion, three thousand dollars.
b. If applicable groundwater remediation objectives have been exceeded (or exceedances have been modeled) at any point in the groundwater one hundred fifty or more feet away from the applicant’s property line, and:
i. Any of the applicable groundwater remediation objectives is twenty-five parts per billion (twenty-five-thousandths mg/L) or less, five thousand dollars; or
ii. All applicable groundwater remediation objectives are greater than twenty-five parts per billion, four thousand five hundred dollars.
c. If applicable groundwater remediation objectives have not been exceeded (or modeled to be exceeded) beyond twenty-five feet from the property line, and:
i. Any of the applicable groundwater remediation objectives is twenty-five parts per billion (twenty-five-thousandths mg/L) or less, two thousand five hundred dollars; or
ii. All applicable groundwater remediation objectives are greater than twenty-five parts per billion, two thousand dollars.
D. Village Investigation of Application. The village clerk shall stamp the application with the date of its receipt, and immediately provide a complete copy of the application to the village engineer and to the village attorney. The village engineer shall provide a technical review of the application, including the current corrective action plan proposed by the applicant. The village attorney shall provide a review of the legal and regulatory implications of the application, including compliance with village ordinances. The village may retain outside technical or legal consultants to investigate the application. The village engineer and the village attorney, or the consultants they retain, shall provide a written statement of their findings, conclusions and recommendations to the mayor and the village board.
E. Decision of Village on Application.
1. The village shall designate a restricted groundwater zone in the form of an amendment to subsection H of this section. The designation shall describe the zone in writing, and by a scaled map exhibit, and shall state any conditions or limitations on the designation.
2. In making its decision the village board shall consider any written comments and recommendations from the public, village departments, the village engineer, the village attorney, and any consultants retained by them.
3. The village board’s decision whether to designate a restricted groundwater zone, or its fixing of terms, conditions or limitations on an affirmative determination, is pursuant to the village’s contract and legislative powers and in consideration of, among other things, the community’s public health and welfare, the future water supply needs and resources of the village, and the best interests of all affected parties, including the applicant, other affected owners or possessors of land, and the village itself. A designation by the village is not, and shall not be construed to be, a release or waiver of the village’s or any other person’s rights to seek or enforce local, state or federal ordinances, statutes or regulations or common law or equitable remedies with respect to the release which is the subject of the application or the designation.
4. The village shall make its decision whether to designate the zone within seventy days following the date of receipt of the application, provided all proofs of service required by subsection (C)(2) of this section have been received by the village. Failure to issue a written decision within that time period shall be considered a decision that no ordinance amendment will be made. An applicant may provide a written waiver to the village board, extending the time within which it may make its decision.
F. Applicability to Village-Owned Property. The provisions of subsections (C), (D) and (E)(4) of this section shall not apply to a decision whether to designate a restricted groundwater zone for property owned by the village itself.
G. Penalties. Any person violating a provision of this section shall be subject to a fine of not to exceed seven hundred fifty dollars for each violation. Each day of the continued existence or use of a prohibited well, cistern or collection device shall be considered a separate violation.
H. Designated and Description of Restricted Groundwater Zones.
1. Zone Number 1. This zone, located generally to the north and east of the northeast corner of Halsted Street and 138th Street, is in the shape of a five-point polygon, beginning at a location five feet west and eleven hundred seventy-five feet north of the intersection of Halsted and 138th Streets, thence south along Halsted to the intersection with 138th Street; thence west on 138th Street to the intersection with Parnell, thence north on Parnell to the intersection with 136th Place, at which point it becomes arc, with intersections at the following locations: the southeast vertex is located twenty-five feet northwest of the intersection of Parnell and 136th Place; on 136th Street, three hundred feet east of the intersection of 136th Street and Wallace; on Blue Island-Riverdale Road, seventeen hundred feet east of the intersection with Halsted; on Forest View, eight hundred fifty feet east of the intersection with Halsted; on Halsted, two hundred feet north of the intersection with 134th Street; the northwest vertex is located two hundred eighty-seven feet west and one hundred fifty feet north of the intersection of Halsted and 134th Street; on 134th Street, three hundred ten feet west on the intersection with Halsted; thence, to the beginning, all as shown in the drawing marked “Riverdale Restricted Groundwater Zone No. 1.”
2. Zone Number 2. This zone is generally located as follows: Commencing at the northwest corner of the property identified as 169 E. 146th Street, Riverdale (PIN #29-04-431-036-0000), then south to the southern right-of-way boundary of the 146th Street, then east to the centerline of S. Indiana Avenue, then north to a point even with the northern boundary of the property identified as 14528 S. Indiana Avenue, Riverdale (PIN #29-04-431-031-0000), then west to the western boundary of the north-south alleyway, then south to the southern boundary of the east-west alleyway, then west to the point of beginning. PIN #29-04-431-047-0000. (Ord. 2021-31 § 4, 2021; Ord. 2004-23, 2004; Ord. 2004-22, 2004; Ord. 2004-07, 2004; Ord. 99-59, 1999)