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Home My WebLink AboutRESOLUTION - 29-97 - 6/24/1997 - MEMORANDUM OF UNDERSTANDINGAttachment C RESOLUTION NO. 29-97 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN ELK GROVE VILLAGE AND THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: MEMORANDUM OF UNDERSTANDING BETWEEN ELK GROVE VILLAGE AND THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY REGARDING THE USE OF A LOCAL GROUNDWATER OR WATER WELL ORDINANCE AS AN ENVIRONMENTAL INSTITUTIONAL CONTROL a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. ATTEST: VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 24th day of June , 1997. APPROVED this 24th day of June , 1997. Patricia S. Smith Village Clerk Craig B. Johnson Village President Attachment A ORDINANCE NO. 1538 AN ORDINANCE AMENDING CHAPTER 22A WATER AND SEWER OF THE MUNICIPAL CODE TO PROHIBIT NON -VILLAGE WATER USE AND AMEND THE PENALTIES CONTAINED THEREIN BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: SECTION 1. That Article I, General Provisions of Chapter 22A, Water and Sewer of the Municipal Code be and is hereby amended by deleting the present Section 22A112, Penalty, and substituting in its place the following: 22A112. Prohibition of Non -Village Water Use. It shall be unlawful for any person, firm or corporation to construct, install, maintain or utilize a water system or well other than the water supply and water services of the Village. The provisions of this Section shall be applicable to all water usage, Including, but not limited to, domestic, commercial and indus- trial uses and water for outdoor purposes. The provisions of this Section shall not apply to private water systems in- stalled prior to the effective date of this Ordinance, the use of which has been previously approved by the Village. 22A113• Penalty. Any person, firm, or corporation violating any provision of this Article 1 shall be subject to a fine of not less than Twenty-five ($25.00) Dollars nor more than Five Hundred ($500.00) Dollars for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to any penalty which may be Imposed herein, any person, firm or corporation violating the provisions of this Article shall be subject to having their water services terminated, suspended or revoked. Notice of the Intent by the Village to terminate, suspend or revoke such 'service shall be given to any such person, firm or corporation at least fifteen (15) days in advance of the date established for termination, and a person so notified shall have an opportunity to request, In writing, a hearing before the Village Manager to show cause as to why his water service shall not be terminated, suspended or revoked. The notice request must be filed with the Village Manager no later than five (5) days from the proposed termination date and thereafter the Village Manager shall schedule a hearing within ten (10) days of the receipt of said notice request. Pending any such hearing, all water use privileges shall remain In full force and effect, subject to compliance with the provisions of this Chapter. The Village Manager shall have the authority during the course of any such hearing to suspend or revoke water service or to impose such sanctions on the water user short of suspension, or revocation, including the collection of unpaid water usage, unpaid water bills, Interest due thereon, and such other monetary fines or sanctions which the Village Manager deems in the best Interest of the Village for the express purpose of enforcing the provisions of this Article. SECTION 2. That Section 22A206, 22A706 and 22A9O4 are hereby amended to read as follows: Penalty. Any person, firm or corporation violating any provision of this Article shall be subject to a fine of not less than Twenty-five ($25.00) Dollars nor more than Five Hundred ($500.00) Dollars for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. SECTION 3. That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTES: AYES NAYS ABSENT: 0 APPROVED: Charles J. Zettek - Village President ATTEST: Patricia S. Smith Village Clerk PASSED this 28th day of September 1982. APPROVED this 28th day of September 1982, PUBLISHED this 6th day of October 1982, in the Elk Grove Daily Herald , - 2 - Attachment B _ II, i III III I-'.� li 111:1 I v i v � I ��I' 11 U� 1 1 •_ :a9q::YyYgp�4$ U • � � � 5. � I F i � � r � � O gf. S i • r- i- R _ �� i Ir ' �� n:r R T ' `�✓111 r 1 f� 1 "\ I h. �:rllfg7 ZZ _ II, i III III I-'.� li 111:1 I v v � I ��I' 11 U� 1 1 •_ 1 � H,r 1 Ill I � I' 1 11 II' �lilll II II I u�ll�T v � W �' MEMORANDUM OF UNDERSTANDING BETWEEN ELK GROVE VILLAGE AND THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY REGARDING THE USE OF A LOCAL GROUNDWATER OR WATER WELL ORDINANCE AS AN ENVIRONMENTAL INSTITUTIONAL CONTROL I. PURPOSE AND INTENT A. This Memorandum of Understanding ("MOU") is entered into between Elk Grove Village and the Illinois Environmental Protection Agency ("Illinois EPA") for the purpose of satisfying the requirements of 35 Ill. Adm. Code 742.1015 for the use of groundwater or water well ordinances as environmental institutional controls. The Illinois EPA has reviewed the groundwater or water well ordinance of Elk Grove Village (Attachment A) and determined that the ordinance prohibits the use of groundwater for potable purposes and/or the installation and use of new potable water supply wells by private entities but does not expressly prohibit those activities by the unit of local government itself. In such cases, 35 Ill. Adm. Code 742.1015(a) provides that the unit of local government may enter into an MOU with the Illinois EPA to allow the use of the ordinance as an institutional control. B. The intent of this Memorandum of Understanding is to specify the responsibilities that must be assumed by the unit of local government to satisfy the requirements for MOUs as set forth at 35 Ill. Adm. Code 742.1015(i). IL DECLARATIONS AND ASSUMPTION OF RESPONSIBILITY In order to ensure the long-term integrity of the groundwater or water well ordinance as an environmental institutional control and that risk to human health and the environment from contamination left in place in reliance on the groundwater or water well ordinance is effectively managed, Elk Grove Village hereby assumes the following responsibilities pursuant to 35 Ill. Adm. Code 742.1015(i): A. Elk Grove Village will notify the Illinois EPA Bureau of Land of any proposed ordinance changes or requests for variance at least 30 days prior to the date the local government is scheduled to take action on the proposed change or request (35 Ill. Adm. Code 742.1015(i)(4)); B. Elk Grove Village will maintain a registry of all sites within its corporate limits that have received "No Further Remediation" determinations from the Illinois EPA (35 Ill. Adm. Code 742.1015(i)(5)); 166295/1 C. Elk Grove Village will review the registry of sites established under paragraph II.B. prior to siting public potable water supply wells within the area covered by the ordinance (35 Ill. Adm. Code 742.1015(i)(6)(A)); D. Elk Grove Village will determine whether the potential source of potable water has been or may be affected by contamination left in place at the sites tracked and reviewed under paragraphs II.B. and C. (35 Ill. Adm. Code 742.1015(i)(6)(B)); and E. Elk Grove Village will 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 (35 Ill. Adm. Code 742.1015(i)(6)(C)). NOTE: Notification under paragraph II.A. above or other communications concerning this MOU should be directed to: Manager, Division of Remediation Management Bureau of Land Illinois Environmental Protection Agency P.O. Box 19276 Springfield, IL 62794-9276 III. SUPPORTING DOCUMENTATION The following documentation is required by 35 Ill. Adm. Code 742.1015(i) and is attached to this MOU: A. Attachment A: A copy of the groundwater or water well ordinance certified by the city clerk or other official as the current, controlling law (35 Ill. Adm. Code 742.1015(i)(3)); B. Attachment B: Identification of the legal boundaries within which the ordinance is applicable (certification by city clerk or other official that the ordinance is applicable everywhere within the corporate limits; if ordinance is not applicable throughout the entire city or village, legal description and map of area showing sufficient detail to determine where ordinance is applicable) (35 Ill. Adm. Code 742.1015(i)(2)); C. Attachment C: A statement of the authority of the unit of local government to enter into the MOU (council resolution, code of ordinances, inherent powers of mayor or other official, signing MOU -- attach copies) (35 Ill. Adm. Code 742.1015(i)(1)). IN WITNESS WHEREOF, the lawful representatives of the parties have caused this MOU to be 166295/1 signed as follows: FOR: Elk Grove Village BY: Craig B. Johnson (Name, and title of signatory) Village President FOR: Illinois Environmental Protection Agency m (Name and title of signatory) 166295/1 DATE: June 24, 1997 DATE: