The Village has received a request for a Groundwater Control Ordinance for an area around 3 N Wilke Rd, on behalf of the owner of the Amoco station previously located there. There is currently a Marathon station there. 

When property is contaminated, the Illinois Environmental Protection Agency permits a contaminated incident to be closed without being fully cleaned. This process is called Tiered Approach to Corrective Action Objectives (TACO). Through TACO, an entity can obtain closure on a site that may still have residual amounts of contaminants by agreeing to certain institutional controls in the future. One such control can be adoption of a groundwater control ordinance, either prohibiting wells throughout a town or one covering only a specific area.  The Village does not have an ordinance completely prohibiting wells throughout the Village. Instead, upon request, the Village Board has adopted site-specific groundwater control ordinances.

In each situation where a site-specific groundwater control ordinance has been requested, the Village requires the following two conditions to be met prior to an ordinance being adopted:

1.   Provide an exhibit which details the limits of the proposed groundwater use restriction, and

2.   To the extent possible, identify current users of groundwater in the affected area. Once identified, send a letter by certified mail to each property owner explaining what is being asked of the Village. Include contact information so people can contact an appropriate representative with questions.

The requested site-specific groundwater control ordinance for the site at issue would encompass the area as set forth in the exhibit attached to the ordinance. The exhibit meets the first requirement set forth above. Although there are no wells in the identified area, Staff asked that letters be sent to the affected properties, since the ordinance will be recorded against their properties. Letters were sent by certified mail.

The proposed ordinance will only prohibit any of these property owners from putting in wells in the future for potable purposes. If a property owner wanted to put in a well in the future, per Village Code a well could only be used for non-potable purposes, which would still be permissible after adoption of a site-specific groundwater control ordinance.

Recommendation

It is recommended that the Village Board adopt the attached Ordinance Prohibiting the Use of Groundwater as a Potable Water Supply by the Installation or Use of Potable Water Supply Wells or by any Other Method for the property at and around 3 N Wilke Rd.