HomeMy WebLinkAbout97-234 Resolution No. 97-234
RESOLUTION
AUTHORIZING EXECUTION OF AN ACCESS AGREEMENT WITH LIPTON
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert O. Malm, Interim City Manager, be and is
hereby authorized and directed to execute an Access Agreement
on behalf of the City of Elgin with Lipton for access to city
owned property adjacent to 775 Laurel Street for environmental
testing, a copy of which is attached hereto and made a part
hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: September 24 , 1997
Adopted: September 24, 1997
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ACCESS AGREEMENT
WHEREAS, Lipton, a division of Conopco, Inc., a New York Corporation(Lipton) owns real
property in the State of Illinois, County of Cook, Township of Elan1°antified as Section 18; Township
41; Range 9; Lot 22. On or about June 27, 1996, Lipton effected the removal of a 10,000 gallon
underground diesel fuel storage tank located on the Lipton property. During the removal, impact to soils
and groundwater by diesel fuel was discovered. Lipton is in the process of performing a Site Evaluation
to determine the nature and extent of impact to soil and groundwater as a result of the release. Soil
borings and groundwater monitoring wells will be installed within 200 feet of the tank field or the
property boundary,whichever is less. Due to the location of the subject tank at the property boundary,
locating all borings/wells on the Lipton property is not feasible.
WHEREAS, The City of Elgin, Illinois, a municipal corporation("Owner") owns real property in
the State of Illinois, County of Cook, Township ofan vdentified as Section 18; Township 41; Range 9;
Lot 23 (the"Property"). The Owner's Property is hydraulically down gradient from the Lipton property.
Placement of soil boings and/or monitoring wells hydraulically down gradient from the former tank
location is necessary for a compliant Site Evaluation.
WHEREAS, Owner understands that the Illinois Environmental Protection Agency (IEPA)has
directed Lipton, to perform an investigation to determine the nature and extent of any soil or groundwater
contamination in the vicinity of the Lipton facility located adjacent to the Property in the City of Elgin at
Lot#22. Furthermore, Owner understands the completion of said investigation will involve the
installation of soil borings and monitoring wells on Owner's Property.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the
sufficiency of which is hereby acknowledged, the parties agree as follows: Owner hereby grants to
Lipton, and its employees, agents, and representatives, the right, permission, and license, commencing on
the date this Access Agreement is executed by Owner and ending upon completion of the Investigation, or
twelve(12)months,whichever is less, to enter the Property at all reasonable times for the foregoing
purposes, including,without limitation, the right to install up to two (2)monitoring wells on the Property.
One well will be located as depicted on the"workplan" attached hereto as Exhibit A. The second well, if
required, will be located at a point between Lipton's property line and the unnamed creek bisecting the
Property. Lipton will use its best efforts to provide advance notice to Owner prior to entry on the
Property for the purpose of conducting work relating to the Investigation.
The following conditions shall apply to this Agreement.
1. Owner understands and agrees that, in the course of the Investigation and to facilitate the same,
there is the potential for removal of trees,brush and other debris from the Property, and Owner
hereby consents to the same, subject to prior notice from Lipton identifying with specificity the
matter to be removed. Owner represents and warrants that there are no government approvals
other than its approval, that are necessary before Lipton may lawfully undertake this work. Lipton
understands and agrees that, after completion of the Investigation, the Property will remain
suitable for its current use, and Lipton will undertake any restoration activities necessary to insure
the same.
2. Lipton and owner understand and agree that, in the Investigation, soils and groundwater samples
from the Property will be tested only for benzene, ethyl benzene, toluene, total xylenes and
polynuclear aromatic hydrocarbons.
3. Upon completion of the Investigation, Lipton agrees to deliver to the Owner a copy of a final
Report summarizing the results from any testing conducted on the Owner's property.
4. Lipton agrees to hold harmless and indemnify the Owner from and against any and all damages,
claims, or losses for injury to persons or property arising solely from the acts or omissions of
Lipton, and its employees, agents, and representatives, during the Investigation on the Property
pursuant to this Access Agreement.
5. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the
enforcement of any of the terms or provisions, or rights arising therefrom, shall be in the Circuit
Court of Kane County, Illinois.
6 This agreement shall not be construed so as to create a joint venture,partnership, employment or
other agency relationship between the parties hereto.
7. The terms of this agreement shall be severable. In the event that any of the terms or provisions of
this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of
this agreement shall remain in full force and effect.
AGREED TO: AGREED TO:
OWNE: LIPTON
By: I'aL,, Vii : By• �t
Title:_L; h%( j �+ {�� Title: iO4i'eC ar1,P4y-•
Date: 1)-1 iq Date: I'2(1�'f 7
EXHIBITS
Section 1
Introduction
LIPTON (previously Van Den Bergh Foods Company) has retained RMT, Inc. (RMT), to
perform site investigation work at their vehicle maintenance facility located at 775 Laurel Street
in Elgin, Illinois. Figure 1 shows the location of the site. This Site Classification Work Plan
(Plan) describes the site evaluation activities which will be completed to determine the site
classification in accordance with 35 Illinois Administrative Code (IAC) Part 732, Section
numbers 302, 303 or 304 and/or the Classification by Exposure Pathway Exclusion set forth in
Section 732.312 of the Petroleum Underground Storage Tank (UST) regulations. The Plan is
designed to collect data sufficient to determine the site classification and/or evaluate the
exposure pathways. Attachments A through D of the Plan include the following IEPA forms:
• LPC 505, Site Classification Work Plan
• LPC 495, Owner/Operator Budget Certification Form
• LPC 367, Federal Taxpayer Identification and Legal Status Disclosure Certification
Requirements
• LPC 494, Budget and Billing Form for Leaking Underground Storage Tank Sites
(submitted in duplicate)
• 1.1 Background
LIPTON owns a vehicle maintenance facility located at 775 Laurel Street in Elgin, Illinois. The
site was used as a fueling and truck maintenance facility for the in-house fleet from 1980 until
June 1995. The site was operated by Rollins Leasing during the period 1984-1995.
A 10,000 gallon underground diesel tank was installed in 1980 to service the truck fleet. The
single walled tank was installed without cathodic protection and secured by a ten-inch thick
concrete slab. Leak testing of the tank and piping was performed in May 1995 and showed the
- tank system to be tight. The area in the vicinity of the truck fueling island and the tank fill
connection was gravel fill.
In June 1995, the truck fleet was eliminated and the underground tank was deactivated by
removing the fuel pump and the majority of the diesel fuel. The tank was removed in June
1996 by Mankoff, Inc. During the removal, it was discovered there had been a release of diesel
fuel from the tank system. A report was made to the Illinois Emergency Management Agency
(#964167) and early action cleanup activities were conducted. In total, 365 cubic yards of
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SiTE LOCATOR MAP
STATE LOCATION LIPTON
1
iDwx. BY: DFL t
JI ,' � APPRaVED BY: .i
SOURCE BASE MAP FROM ELGIN, ILLINOIS DATE: MAY 1997 0.
,
7.5 MINUTE USGS QUADRANGLE. ; w' `.c..
DATED 1992. PRD✓. f 2869.02
® FILE # 38690202 i
FIGURE 1
1
I
petroleum impacted soils and 16,900 gallons of diesel contaminated water were removed from
the excavation.
Anecdotal evidence from employees working at the maintenance facility indicates several
instances of tank overfill by the fuel supplier and overfill of truck fuel tanks. A documented
spill of approximately 100 gallons of diesel occurred in January 1995. The fuel was recovered
from the frozen ground by a vacuum truck.
1.2 Purpose of Investigation
This Plan has been prepared by RMT on behalf of LIPTON to satisfy requirements of 35 IAC
I Part 732; Section 732.305(a) and Section 732.312(c). This Plan describes the work scope which
will be performed to classify the site in accordance with Site Evaluation and Classification (35
IAC Part 732.300 through 732.311) and/or Classification by Exposure Pathway Exclusion (35
IAC 732.312).
35 IAC Section 732.307 requires a physical soil classification investigation at each petroleum
UST site. The results of the investigation are used to classify the site into one of three possible
categories:
• High Priority Site Requires the development of a corrective action plan
(CAP) and requires active remediation (35 IAC Part 732,
Section 732.404) to alleviate the conditions which caused
the site to fall into this category.
• Low Priority Site Requires the development of a groundwater monitoring
plan and performance of groundwater monitoring for a
period of three years according to the requirements of 35
IAC Part 732, Section 732.403.
11111 • No Further Action Site No monitoring or remedial action necessary per 35 IAC
Part 732, Section 732.402.
However, LIPTON may elect to proceed with Classification by Exposure Pathway Exclusion
(35 IAC Section 732.312). This section of the petroleum UST regulations allows classification by
exclusion of human exposure pathways under the Tiered Approach to Corrective Action
Objectives (TACO) regulations in 35 IAC Part 742 Subpart C.
The TACO regulations describe the requirements necessary to eliminate the following three
human exposure pathways:
• Inhalation of contaminant
• Ingestion of impacted soil
RMT,Inc."
I: 3 LIPTON
�WPORD�Pf1�0403869�O2�R000.3869.02c Final May 1997
111
Ingestion of impacted groundwater
If it is demonstrated that all of the pathway exclusion requirements are met for a pathway, then
that exposure route can be excluded from further evaluation. Development of remediation
objectives for that exposure route are not necessary.
Once the exposure route evaluation has been completed under TACO, the site will be classified
1.11 as "no further action" or"high priority" under the petroleum UST regulations (IAC Part
1 732.312). The site will be classified as"no further action" if all of the exposure pathways have
been eliminated and as"high priority" if one or more pathways cannot be eliminated from
consideration. However, only the pathways that could not be eliminated would require further
evaluation and/or development of remediation objectives.
Section 2 of this document presents the work plan associated with the site evaluation for
physical soil classification and the exposure route evaluation.
RMT,Inc. 4 LIPTON
111 1.1 WPORD 1 PJT100.0.38691021 ROOQ3869.02C Final May 1997
ill 9 •
S. 1
LAUREL STREET
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(4)SB-2 C'Y SHIPPING AND , 3
FORMER v O MAINTENANCE
1111111 10,000 GAL. o
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DIESEL UST
/ . _ J
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EXTENT OF EXTENT OF JUNK
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EXCAVATION
• I
1111111 1 It LEGE ID
Ilit
S PROPOSED MONITORING WELL
PROPOSED SHALLOW SOIL BORING
Lib IIC +
SB-4 NOTES
Ni
BASE MAP OBTAINED FROM
MANKOFF, INC. IEPA LUST PROGRAM
45 DAY/EARLY ACTION REPORT
��I AUGUST 28, 1996.
V I
U I GRAVEL
TRUCK 200 ft. Radius
YARD
111111
MW-4
0 50' 100'
WI 1
SCALE: 1"=50'
1111 PROJECT:
LIPTON
IELGIN, IL
SHEET TITLE: PROPOSED MONITORING WELL/
SOIL BORING LOCATIONS
PROPERTY LINE DRAWN BY: DFL SCALE: PROD. NO. 3869.02
"lig CHECKED BY: 1'=50' FILE NO. 38690201
APPROVED BY: DATE PRINTED: FIGURE 2
DATE MAY 1997
111111 RI47 Inc. — Schaumburg
- Phone: 847/995-1500
,� 999 Plaza Drive
Suite 370
• Schaumburg, IL 60173
IIII
IL--r
L�c4 OF fto
Item No.
— City of ElginAgenda
September 3, 1997
TO: Mayor and Members of the City Council
FROM: Robert O. Malm, Interim City Manager
SUBJECT: Access Agreement with Lipton (Formerly VanDenBergh
Foods) for Environmental Testing on City-owned
Property
PURPOSE
The purpose of this memorandum is to present to the Mayor and
members of the City Council an access agreement with Lipton
for environmental testing on City-owned property adjacent to
property owned by Lipton at 775 Laurel Street.
BACKGROUND
Lipton owns a vehicle maintenance facility located at 775
elsim„ Laurel Street in Elgin. The site was used as a fueling and
truck maintenance facility for the in-house fleet from 1980
until June, 1995. The site was operated by Rollins Leasing
during the period 1984-1995.
A 10,000-gallon underground diesel tank was installed in 1980
to service the truck fleet. The single walled tank was
installed without cathodic protection and secured to a ten-
inch thick concrete slab. Leak testing of the tank and piping
was performed in May, 1995 and showed the tank system to be
tight. The area in the vicinity of the truck fueling island
and the tank fill connection was gravel fill.
In June, 1995, the truck fleet was eliminated and the under-
ground tank was deactivated by removing the fuel pump and the
majority of the diesel fuel. The tank was removed in June,
1996 by Mankoff, Inc. During the removal, it was discovered
there had been a release of diesel fuel from the tank system.
A report was made to the Illinois Emergency Management Agency
(#96-1167) and early action cleanup activities were conducted.
In total, 365 cubic yards of petroleum impacted soils and
16,900 gallons of diesel contaminated water were removed from
the excavation.
As part of their remediation efforts, Lipton is required to
determine if contamination from its site has spread onto
adjacent properties . The City's property, located west of the
Lipton property, is open space along Willow Creek.
•
Access Agreement with Lipton
September 3, 1997
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
Lof , FINANCIAL IMPACT
The cost of the environmental testing is the responsibility of
Lipton. Any costs related to site cleanup would also be the
responsibility of Lipton.
lawleLEGAL IMPACT
None.
ALTERNATIVES
None.
RECOMMENDATION
Authorize staff to enter into an access agreement with Lipton
for environmental testing on City property..
Res tfully submitted,
few. 74( '�
Raymond H. Moller
Director of Business
S v' es and Properties
•
0407,14L_Robe t O. Malin
Interim City Manager
amp
Attachments
LAUREL STREET
Al - .
ir i_ _ ,,,,,
- - - - 1
MW-1
11 GRAVEL
TRUCK I w
w
YARD • a
o
W
al •
• 58-2 SHIPPING AND , I 3
FORMER z o , MAINTENANCE
• 10.000 GAL.
DIESEL UST 0 e e
. — _i
I SB-1 SB-3®
ilrisi
Mw-2 MW-3
I AUTO
ill 441 EXTENT OF EXTENT OF JUNK
PUMP ISLAND UST EXCAVATION YARD
EXCAVATION
101 a' LEGE D
Ilk illt
II $— II PROPOSED
Li t'tilb
OPOSED MONITORING
iki• ED
igio
WELL
® PROPOSED SHALLOW SOIL BORING RING
NOTES
111 •Nii
Si. j
I BASE MAP OBTAINED FROM
MANKOFF, INC. IEPA LUST PROGRAM
•
45 DAY/EARLY ACTION REPORT
1111 ais.
�� AUGUST 28, 1996.
NI
(v) GRAVEL
TRUCK c 200 ft. Radius r\I
YARD
tMN --1----....________________
MW-4
1
I I0
0I SCALE: 1".50'
: 111PROJECT:
LIPTON
ELGIN. IL
• SHEET TITLE: P•
ROPOSED MONITORING WELL/
101
I— _ SOIL BORING LOCATIONS
PROPERTY UNE DRAW BY: DFL SCALE: PROJ. NO. 3869.02
(lb' CHECKED BY: 1-s50' FILE NO. 38690201
APPROVED BY: •
DATE PRINTED FIGURE 2
DATE:MAY 1997
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