ORDINANCE NO. 391
AN ORDINANCE FOR
THE PROTECTION OF
WHEREAS,
the
WHEREAS, said well is finished at a depth of 156.5 feet; and
WHEREAS, said well is located in what is commonly referred to as the “Mahomet Aquifer”; and
WHEREAS, the President and Board of Trustees of the VILLAGE OF CERRO GORDO believe that it would be for the best interest of the VILLAGE OF CERRO GORDO and its water supply to pass an ordinance protecting said water supply from any activity which would pollute said water supply or diminish same; and
WHEREAS, authority to enact this ordinance is found in Chapter 24, Section 11.126-3 of the Illinois Revised Statutes, 1987, which states, in part, as follows:
“. . . the jurisdiction of the municipality to prevent or punish any
pollution or injury to the stream or source of water for the supply
of waterworks extends 10 miles beyond its corporate limits.”
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the VILLAGE OF CERRO GORDO, Piatt County, Illinois, THAT:
SECTION 1
Any person,
individual, municipality or other entity shall be prohibited from drilling any
wells within a 10-mile radius of the
SECTION 2
Any person or entity applying for a permit to drill a well within the 10-mile radius of the VILLAGE OF CERRO GORDO shall supply to the President and Board of Trustees of the VILLAGE OF CERRO GORDO an impact statement which shall be prepared by a registered professional engineer in Illinois licensed by the Department of Education and showing in detail the type of well construction including, but not limited to, the depth, the proposed formation into which they expect to drill, the amount of water they expect to pump, whether the well will be cased, and how they intend to use the water, and the amount they expect to pump daily, weekly, monthly and annually.
SECTION 3
Any person or entity obtaining a permit to drill a well within that area shall report to the President and Board of Trustees of the VILLAGE OF CERRO GORDO all data concerning the drilling of said well including, but not limited to, its depth, capacity, water level, draw down and any other information requested by said President and Board of Trustees of the VILLAGE OF CERRO GORDO.
SECTION 4
The President and Board of Trustees of the VILLAGE OF CERRO GORDO may at any time require any person drilling the well with its permission to cease drilling, or if the well is drilled and is in production, to cease the use of said well, if, in the opinion of the President and Board of Trustees of the VILLAGE OF CERRO GORDO the well may diminish or pollute the VILLAGE OF CERRO GORDO’S water supply.
SECTION 5
Any person or entity drilling a well for any purpose including, but not limited to, water wells, oil wells and gas wells within the territory of a 10-mile radius of the VILLAGE OF CERRO GORDO without a permit from the President and Board of Trustees of the VILLAGE OF CERRO GORDO shall be deemed guilty of a misdemeanor and shall be subject to a fine of not less than $100.00 nor more than $1,000.00. The continued operation of drilling and/or pumping a well without permission from the President and Board of Trustees of the VILLAGE OF CERRO GORDO shall be deemed a separate offense for each day’s drilling or operation and each day the person or entity may be fined an addition fine of not less than $100.00 nor more than $1,000.00 per day. Continuing to pump or operate a well after notification from the President and Board of Trustees of the VILLAGE OF CERRO GORDO to cease said pumping or operation shall also be deemed a misdemeanor and subject to a like fine. Each day of pumping or operation after Notice of Quit shall be deemed a separate offense.
SECTION 6
This ordinance shall not apply to persons drilling a well for personal use (for example, for drinking, bathing, washing clothes), nor shall it apply to persons drilling a well for general farm use.
SECTION 7
That all ordinances or parts of ordinances in conflict with the terms of this ordinance or any part hereof are hereby expressly repealed.
SECTION 8
This ordinance is to be effective upon its passage and publication as provided by law.
PASSED by the President and Board of Trustees of the VILLAGE OF
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President
ATTEST:
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Village Clerk