[HISTORY: Adopted by the City Council of the City of Lexington 11-27-1989 by Ord. No. 1989-10 (Ch. 20 of the 1998 Code). Amendments noted where applicable.]
Whenever used in this chapter, the following definitions shall apply to the following words:
ARC
The City of Lexington Aquifer Review Committee established pursuant to this chapter.
ENLARGE
To deepen, extend, expand or otherwise alter an existing well in order to increase production capacity.
GAS WELL
A well designed or enlarged to obtain gas of any type.
OIL WELL
A well designed or enlarged to obtain oil.
PERSON
Any natural person, association of natural persons, partnership, corporation public or private, or any other entity with legal status.
WATER WELL
A well designed or enlarged to obtain water at a rated daily production capacity of 10,000 gallons or more.
WELL
A deep hole or shaft dug or drilled into the earth to obtain water, oil or gas; includes, but is not limited to, a sand point as such term is commonly used in the Central Illinois area.
[Amended 12-11-2000 by Ord. No. 2000-18]
There is hereby established an Aquifer Review Committee (ARC) consisting of the City Water Superintendent, City Engineer, Chairman of the Water and Street Department, and the Street Superintendent.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The areas subject to regulation under this chapter are described as follows:
A. 
All of that property located in McLean County within a five-mile radius from the center of the corporate limits of the City of Lexington.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All that area within the corporate limits of the City of Lexington.
No person shall drill, operate, enlarge, cause to be drilled, operated or enlarged any gas or oil well or any water well within any area described in § 256-3 without a permit therefor first being obtained from the City of Lexington, pursuant to an application therefor as hereinafter provided.
In order to obtain a permit, an application must first be filed with the City Clerk. The application shall be accompanied by a nonrefundable fee as set forth in Chapter 63, Fees. The application shall contain the following information:
A. 
The name, address and telephone number of the applicant and person contemplating the drilling or facility enlargement.
B. 
The location of the proposed well or enlargement, including a map.
C. 
A general description of the type of well or enlargement proposed.
D. 
The date when the proposed drilling or enlargement is contemplated.
E. 
The rated capacity of the well or proposed enlargement.
F. 
The size of the casing pipe to be utilized for the well or proposed enlargement.
G. 
If a water well or enlargement of a water facility is proposed, the gallonage of water expected to be extracted per day or the gallons-per-day increase.
H. 
A copy of all permits obtained from and application for permits submitted to other governmental agencies having jurisdiction over the proposed well or enlargement.
I. 
A copy of any public or private hydrogeological evaluations of the distribution, relationship and impact of the proposed drilling or enlargement.
J. 
Name, address and telephone number of all persons residing and owning property within a one-mile radius of the proposed well or enlargement.
K. 
Any other information as required by the City Aquifer Review Committee from time to time as established by appropriate regulations that are adopted pursuant to the terms of this chapter.
Upon receipt of an application meeting the requirements of § 256-5, the City Clerk shall schedule a public hearing to be held before the Aquifer Review Committee within 60 days from the date of the application, unless extended by consent of the applicant. The City Clerk shall cause public notice to be made of the proposed public hearing by publication in The Unit Journal, and shall notify the applicant in writing. The notice shall include the name of the applicant, a brief description of the proposed activity, and the date, time, and place of the public hearing on the application. The City Clerk may also mail courtesy notices to all property owners and residents named in the application, and may provide courtesy notice by publication in a newspaper having general circulation in the area of the proposed well or enlargement. The public notice in The Unit Journal shall be at least 15 days prior to the public hearing.
A. 
The Aquifer Review Committee shall conduct an administrative public hearing on the application. The purpose of the public hearing shall be to determine whether or not the proposed well or facility enlargement will have an adverse impact upon the source of City municipal water supply. The burden of proof shall be upon the applicant to show by a preponderance of the evidence that the proposed well or facility enlargement will not have an adverse impact upon the source of City municipal water supply.
B. 
Before a decision is made on any application, the Aquifer Review Committee shall receive the review of the Illinois State Water Survey and the State Geological Survey required pursuant to 525 ILCS 45/5, the review of any county soil and water conservation district having jurisdiction over the proposed location, and evidence of a permit from any and all other governmental jurisdictions having permit authority over the proposed well or facility enlargement.
C. 
In the event the proposed well or facility enlargement is not subject to review by the Illinois State Water Survey and State Geological Survey pursuant to 525 ILCS 45/5, then the applicant shall prepare and submit a similar type review for consideration by the Aquifer Review Committee.
D. 
Parties to the public hearing before the Aquifer Review Committee shall consist of:
(1) 
The applicant;
(2) 
Any property owner or resident within a one-mile radius of the proposed well or facility enlargement; and
(3) 
Any other interested person filing a written entry of appearance.
E. 
Hearings before the Aquifer Review Committee shall be preserved by means of a sound recording. The tape of the hearing shall be retained for not less than one year following close of the hearing.
F. 
In the event any party desires a verbatim transcript of the public hearing, a written request shall be filed with the City Clerk not less than two weeks prior to the hearing date. Cost of taking such transcript shall be shared equally between the requesting party and the City. Any party desiring a transcript of the proceedings shall pay all transcription or copying costs.
G. 
The Aquifer Review Committee shall prepare findings of fact from the evidence received at the public hearing indicating the extent of any injury or harm to the City municipal water supply source arising from the proposed well or facility enlargement. In its findings of fact, the Aquifer Review Committee may impose any conditions or restrictions on the granting of the requested permit which it deems necessary to prevent injury or harm to the City municipal water supply source.
H. 
If the Aquifer Review Committee determines no injury or harm will occur to the City municipal water supply source, it shall issue a permit for the proposed well or facility enlargement. If the Aquifer Review Committee determines injury or harm will occur to the City water supply source as a direct or indirect result of the proposed well or facility enlargement, then the Aquifer Review Committee shall deny the applicant a permit. A copy of the decision of the Aquifer Review Committee shall be mailed to each party within 30 days following the close of the public hearing or receipt of the required review material from the Illinois State Water Survey, the State Geological Survey, any applicable soil and water conservation district or any private review submitted by the applicant, whichever is later.
A. 
Any party may appeal a decision of the Aquifer Review Committee to the Lexington City Council within 10 days following the receipt of the decision of the Aquifer Review Committee. For purposes of appeal, the decision of the Aquifer Review Committee shall be deemed received by each party five days following mailing.
B. 
The City Council shall conduct a review of the evidence received by the Aquifer Review Committee and hear arguments by the parties to the appeal. No new evidence shall be submitted to the City Council. The City Council shall, within 30 days following appeal, issue its decision affirming the decision of the Aquifer Review Committee in whole, reversing the decision of the Aquifer Review Committee in whole, or remanding the issue to the Aquifer Review Committee for further consideration.
C. 
The decision of the City Council shall be mailed to each party of record.
D. 
Decisions of the City Council shall be final and reviewable only in the courts in accordance with the applicable statutes of the State of Illinois.
A. 
All oil and gas wells (except oil and gas wells used for on-site domestic use only) and water wells currently located in the areas described in § 256-3 above shall register with the City of Lexington on forms provided by the City Clerk. Registration shall include the following information:
(1) 
Name, address, and telephone number of the well owner.
(2) 
Name, address, and telephone number of the person on whose property the well is located.
(3) 
A brief description of the type of well.
(4) 
Rated pumping capacity of the well.
(5) 
A map showing a location of the well.
(6) 
A copy of any permits issued for the well by other governmental agencies having jurisdiction over the well.
B. 
The owner or operator of each existing well shall register the well with the City Clerk within 90 days following the effective date of this chapter.
Notwithstanding any of the provisions contained herein, the Aquifer Review Committee may grant temporary permits for the temporary removal of underground water within the areas described in § 256-3 above in emergency situations upon a finding, after application, notice, and hearing, that such removal would serve the public interests without substantial harm to the City municipal water supply source. Any such emergency permit shall be subject to such reasonable restrictions as the Aquifer Review Committee deems necessary to protect the City municipal water supply source from substantial harm or injury.
The Aquifer Review Committee is hereby granted the authority to promulgate rules and regulations governing its duties and responsibilities pursuant to this chapter. Such rules and regulations shall be published by the City Clerk in pamphlet form and shall be effective 10 days after the date of publication.
Any person or organization or corporation violating any provision of this chapter or any terms or conditions imposed by the Aquifer Review Committee pursuant to this chapter shall be subject to a fine in an amount not to exceed $750. A separate and distinct offense is deemed committed each day such violation continues.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).