The model ordinance is an example of an ordinance that may be used as an institutional control pursuant to 35 Illinois Administrative Code (35 Ill. Adm. Code) 742.1015 to meet the requirements of 35 Ill. Adm. Code 742.320(d) or 742.805(a)(3). If the ordinance does not expressly prohibit the local unit of government from installing and using potable water supply wells, the local government must enter into a Memorandum of Understanding with the Illinois EPA before the ordinance can be used as an institutional control.
A model ordinance can be found in 35 Ill. Adm. Code 742.Appendix G. All persons wishing to use an ordinance as an institutional control must submit a certified copy of the adopted ordinance with their corrective action plan. Please refer to 35 Ill. Adm. Code 742.1015(b) for the information a request for approval of an ordinance must contain. The Illinois EPA will review each ordinance it receives to determine whether the ordinance may be used as an institutional control.
The model ordinance is provided only as a guide for persons using an ordinance as an institutional control pursuant to 35 Ill. Adm. Code 742.1015. Use of the model document does not guarantee satisfaction of the requirements of 35 Ill. Adm. Code 742.1015 or approval of the ordinance by the Illinois EPA. Each ordinance submitted to the Illinois EPA will be reviewed and approved or disapproved based upon the applicable regulations and site-specific circumstances.