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.
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.
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.
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.