CITY OF DARIEN

 

DU PAGE COUNTY, ILLINOIS

 

                                                                                                                                                           

 

 

ORDINANCE NO.______________

 

 

AN ORDINANCE AMENDING TITLE 6C, "WATER DIVISION," BY ADDING NEW CHAPTER 5, "REGULATION OF POTABLE WATER SUPPLY WELLS IN A DESIGNATED AREA OF THE CITY OF DARIEN, ILLINOIS", THERETO

 

                                                                                                                                                           

 

ADOPTED BY THE

 

MAYOR AND CITY COUNCIL

 

OF THE

 

CITY OF DARIEN

 

THIS 21st DAY OF FEBRUARY, 2012.

 

                                                                                                                                                           

 

 

 

 

Published in pamphlet form by authority of the Mayor and City Council of the City of Darien, DuPage County, Illinois, this ____day of ________________, 2012.

 

 

 

AN ORDINANCE AMENDING TITLE 6C, "WATER DIVISION," BY ADDING NEW CHAPTER 5, "REGULATION OF POTABLE WATER SUPPLY WELLS IN A DESIGNATED AREA

OF THE CITY OF DARIEN, ILLINOIS", THERETO

 

WHEREAS, the City of Darien is a home rule unit of government pursuant to the provisions of Article VII, Section 6 of the Illinois Constitution of 1970; and

WHEREAS, as a home rule unit of local government, the City may exercise any power and perform any function pertaining to its government except as limited by Article VII, Section 6; and

WHEREAS, certain properties in the City have been used over a period of time for commercial/industrial purposes; and

WHEREAS, because of said use, concentration of certain chemical constituents in the groundwater beneath the City may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620, or Tier 1 remediation objectives as set forth in 35 Illinois Administrative Code 742; and

WHEREAS, the City 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 within five hundred thirty feet (530') from the boundaries of the property legally described in Exhibit A, attached hereto and made a part hereof with a common address of 7533 South Cass Avenue in the City of Darien, Illinois.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DARIEN, DU PAGE COUNTY, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE POWERS, as follows:

SECTION 1:  Title 6C, "Water Division," of the City of Darien City Code, as amended, is hereby further amended by adding new Chapter 5, "Regulation of Potable Water Supply Wells in a Designated Area of the City of Darien, Illinois," to read as follows:

CHAPTER 5

REGULATION OF POTABLE WATER SUPPLY

WELLS IN A DESIGNATED AREA

 

SECTION:

6C-5-1:            Title

6C-5-2:            Definitions

6C-5-3:            Use of Groundwater As A Potable Water Supply Prohibited

6C-5-4:            Penalty

 

6C-5-1:            TITLE:          This Chapter shall be known as REGULATION OF POTABLE WATER SUPPLY WELLS IN A DESIGNATED AREA.

 

6C-5-2:            DEFINITIONS:        As used herein, the following terms shall have the    meanings hereinafter ascribed to each term:

 

PERSON:                   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:  Any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.

 

6C-5-3:            USE OF GROUND WATER AS A POTABLE WATER SUPPLY      PROHIBITED:            The use or attempt to use groundwater as a potable water supply within the corporate limits of the City of Darien within five hundred thirty feet (530') from the boundaries of the property commonly known as 7533 South Cass Avenue which is legally described in Exhibit A (attached hereto and made a part hereof), by installing or drilling of wells or by any other method is hereby prohibited. This prohibition expressly includes the City of Darien and any other unit of local government.

 

6C-5-4:            PENALTY:   Any person violating the provisions of this Chapter shall be subject to a fine of not less than Seventy-Five Dollars ($75.00) nor more than Seven Hundred Fifty Dollars ($750.00) for each such violation. A separate violation shall be deemed committed on each day during or on which a violation occurs or continues.

 

SECTION 2:  Repealer.        Any ordinance or part of any ordinance that conflicts with the provisions of this Ordinance is hereby repealed insofar as it is in conflict with this Ordinance.

SECTION 3:  Severability.   If any provision of this Ordinance or its application to any person or under any circumstances is adjudicated invalid of a court having competent jurisdiction, such adjudication shall not affect the validity of the Ordinance as a whole or any portion not adjudicated invalid.

SECTION 4:  This ordinance and each of its terms shall be the effective legislative act of a home rule municipality without regard to whether such ordinance should (a) contain terms contrary to the provisions of current or subsequent non-preemptive state law, or (b) legislate in a manner or regarding a matter not delegated to municipalities by state law.  It is the intent of the corporate authorities of the City of Darien that to the extent that the terms of this ordinance should be inconsistent with any non-preemptive state law, that this ordinance shall supersede state law in that regard within its jurisdiction. 

SECTION 5:  This Ordinance shall be in full force and effect from and after its passage and approval, and shall subsequently be published in pamphlet form as provided by law.

PASSED BY THE CITY COUNCIL OF THE CITY OF DARIEN, DU PAGE COUNTY, ILLINOIS, this 21st day of February, 2012.

AYES:                                                                                                                                               

NAYS:                                                                                                                                               

ABSENT:                                                                                                                                          

APPROVED BY THE MAYOR OF THE CITY OF DARIEN, DU PAGE COUNTY, ILLINOIS, this 21st day of February, 2012.

 

 

                                                                                                                                                           

                                                                                KATHLEEN MOESLE WEAVER, MAYOR

ATTEST:

 

                                                                       

    JOANNE E. RAGONA, CITY CLERK

 

 

APPROVED AS TO FORM:

 

                                                                       

                    CITY ATTORNEY