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02-285 Resolution No. 02-285 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY AUTHORITY AGREEMENT WITH OAK TREE PROPERTIES (726-750 West Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Highway Authority Agreement on behalf of the City of Elgin with Oak Tree Properties to limit access to potentially contaminated soil or groundwater in the public right-of-way adjacent to 726-750 West Chicago Street, a copy of which is attached hereto and made a ( part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 14 , 2002 Adopted: August 14 , 2002 Omnibus Vote: Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • CITY OF ELGIN- OAK TREE PROPERTIES HIGHWAY AUTHORITY AGREEMENT INITIAL INFORMATION FORM OVERVIEW The purpose of this document is to notify the City of Elgin, an Illinois municipal corporation, of the extent of hydrocarbon impact within soil and/or groundwater and to provide the necessary initial information needed to enter into a highway authority agreement, pursuant to 35 IAC 742.1020. APPLICANT INFORMATION Property Owner: Oak Tree Properties Owner Contact: Mr. Bruce Stark and Mr. Leonard Winner do Starro Precision 1225 Bowes Road Elgin, IL 60123 APPLICANT'S ATTORNEY ENVIRONMENTAL CONSULTANT Name: Name: Ms. Diana Larson, Esq. The Green Environmental Group 963 Stonehaven Road 1720 South Eastwood Drive Elgin, IL 60123 Woodstock, IL 60098 847.697.3307 815.338.7926 PROPERTY ADJACENT TO THE RIGHT-OF-WAY Address: 726-750 West Chicago Street, Elgin, Illinois RIGHT-OF-WAY(S) REQUIRING HIGHWAY AGREEMENT Street Name (if any): (Check one or both) North Union Street Soil Impact in Right-of-Way West Chicago Street Groundwater Impact in Right-of-Way REGULATORY INFORMATION LPC Number: 0894385462 USEPA ID Number: ILD000035170 IEPA Project Manager: Mr. Steve McCaslin IEPA Status: (Check one) ®Conditional Approval ❑Approval Pending ['Other SAMPLING IN THE RIGHT-OF-WAY (Check one) ®Right-of-Way Sampled ❑ Right-of-Way Impractical to Sample (Sampling was done adjacent to right-of-way.) PERSON(S)TO BE NOTIFIED IN AGREEMENT Mr. Bruce Stark Mr. John Loete Oak Tree Properties Director of Public Works c/o Starro Precision City of Elgin 1225 Bowes Road 150 Dexter Court Elgin, IL 60123 Elgin, IL 60120-5555 2 NATURE AND EXTENT OF HYDROCARBON IMPACT INFORMATION —FOR EXHIBIT A The Closure Report/Closure Response Letter will document the nature and extent of hy- drocarbon impact in the right-of-way. Soil: Refer to Figure 1 — Estimated Extent of Soil Contamination Exceeding Tier 1 Residential Remedial Objectives Groundwater: Refer to Figure 2 — Estimated Extent of Groundwater Impact Exceed- ing or Potentially Exceeding Tier Remedial Objectives Tables showing soil and groundwater sampling results in the right-of-way and/or adjacent to it are keyed to Figure 1 . Samples exceeding Tier 1 remedial objectives are highlighted in bold print. AREA COVERED BY HIGHWAY AUTHORITY AGREEMENT— FOR EXHIBIT B (Check one) Refer to Figure 1 Attachments: Figure 1 Estimated Soil and Groundwater Impact Map/Proposed Highway Location Map Tables Showing Sampling Results 3 MASTER AGREEMENT TIERED APPROACH TO CORRECTIVE-ACTION OBJECTIVES AGREEMENT This Agreement is entered into this 14th day of August, 2002 pursuant to 35 Illinois Ad- ministrative Code Section 742.1020 by and between Oak Tree Properties, an Illinois part- nership, referred to herein as "Owner/Operator," and the City of Elgin, an Illinois municipal corporation ("City"), as follows: 1 . This Agreement shall not be binding upon the City until it is executed by the under- signed representative of the City and prior to execution, this Agreement constitutes an of- fer by Owner/Operator. The duly authorized representatives of Owner/Operator have signed this Agreement and this Agreement is binding upon them, their successors and as- signs. 2.a. Owner/Operator is pursuing a corrective action of a Site and of the right-of-way adja- cent to the boundary of the Site located at 726-750 West Chicago Street, Elgin, Illinois (the "Site"). 2.b. Attached as Exhibit A are site maps prepared by Owner/Operator which show the area of estimated contaminant impacted soil and/or groundwater at the time of this Agreement in the right-of-way above Tier 1 residential levels under 35 Illinois Administrative Code Part 742. Also shown in Exhibit A are tables prepared by Owner/Operator showing the concentration of contaminants of concern, hereafter "Contaminants," in soil and/or groundwater within the Site and which shows the applicable Tier 1 soil remediation objec- tives for residential property and Tier 1 objectives for groundwater of the Illinois Pollution Control Board ("IPCB") which are exceeded along the boundary of the Site adjacent to the Right of-Way. The right-of-way, and only the right-of-way, as described in Exhibit B, here- inafter the "Right-of-Way," adjacent to the site is subject to this Agreement. As the draw- ings in the Exhibits are not surveyed plats, the boundary of the Right-of-Way in the Exhibits may be an approximation of the actual right-of-way lines. The Right-of-Way is impractical to sample for Contaminants; however, the parties believe that the area of the Right-of-Way is adequate to encompass soil and/or groundwater within the Right-of-Way possibly im- pacted with Contaminants from a release at the Site. 2.c. The Illinois Environmental Protection Agency has assigned LPC incident number 0894385462 to this release at the Site. 2.d. Owner/Operator intends to request risk-based, site specific soil and/or groundwater remediation objectives from the Illinois Environmental Protection Agency ("IEPA") under 35 Illinois Administrative Code Part 742. 4 2.e. Under these rules, use of risk-based, site specific remediation objectives in the Right- of-Way may require the use of a Highway Authority Agreement as defined in 35 Illinois Administrative Code Section 742.1020. 3. The City holds a fee simple interest or a dedication for highway purposes in the Right- of-Way, or the Right-of-Way is a platted street, and has jurisdiction of the Right-of-Way. For purposes of this Agreement, "jurisdiction" means that the City exercises access control over the use of groundwater beneath the Right-of-Way and over access to the soil be- neath the Right-of-Way because it requires a permit for that access. 4.a. Under 35 Illinois Administrative Code Section 742.1020, this Agreement is intended to be an acceptable "Highway Authority Agreement" to IEPA, as the City is willing to agree that it will not allow the use of groundwater under the highway Right-of-Way as a potable or other domestic supply of water and that it will limit access as described herein to soil under the highway Right-of-Way that is contaminated from the release at levels above residential Tier 1 remediation objectives. 4.b. The IEPA must review and approve this Agreement, and this Agreement shall be ref- erenced in the IEPA's "No Further Remediation" determination in the chain of title for the Site in the county where the Site is located. 4.c. This Agreement shall be null and void as a Highway Authority Agreement should the IEPA not approve it or should it not be referenced in the "No Further Remediation" deter- mination. This Agreement shall not be effective between the Owner/Operator and the City unless and until the IEPA approves this Agreement and the IEPA accordingly references the Agreement in the IEPA's "No Further Remediation" determination in the chain of title for the Site in the county where the Site is located. 5. The City promises IEPA and the Owner/Operator that it will prohibit the use of ground- water that is contaminated from the release at the Site at levels above Tier 1 remediation objectives beneath its Right-of-Way as a potable or other domestic supply of water and will limit access to soil as described herein under the Right-of-Way that is contaminated from the release at the Site at levels above Tier 1 remediation objectives. As the pavement in the Right-of-Way may be considered an engineered barrier, the Owner/Operator agrees to reimburse the City for maintenance activities requested by Owner/Operator in writing in order to maintain it as a barrier. The City does not otherwise agree to perform mainte- nance of the Right-of-Way, nor does it agree that the highway Right-of-Way will always remain a highway or that it will maintain the Right-of-Way as an engineered barrier. 6. The Owner/Operator agrees to indemnify and hold harmless the City, and other highway authorities, if any, maintaining the highway Right-of-Way by an agreement with the City, and the City's agents, contractors, officers or employees for all obligations asserted against or costs incurred by them, including attorney's fees and court costs, associated 5 with the release of Contaminants from the Site, regardless whether said obligations or costs were caused by the negligence, but not the gross negligence, of them. 7. As an additional consideration, Owner/Operator agrees to reimburse the City for the reasonable costs it has incurred in protecting human health and the environment, includ- ing, but not limited to, identifying, investigating, handling, storing and disposing of con- taminated soil and groundwater in the Right-of-Way as a result of the release of contami- nants at this Site, and the review and processing of this Agreement. The City has deter- mined those costs for Owner and such costs amount to two thousand five hundred dollars ($2500.00). A cashier's check made payable to "City of Elgin, Illinois" shall be tendered to the City at the time Owner/Operator furnishes a signed Agreement to the City for its sig- nature. That check will be deposited when all necessary parties sign this Agreement. 8. This Agreement shall be binding upon all successors in interest to the Owner/ Operator or highway Right-of-Way. A successor in interest of the City would include a highway authority to which the City would transfer jurisdiction of the highway. 9. Violation of the terms of this Agreement by Owner/Operator, or their successors in in- terest, may be grounds for voidance of this Agreement as a Highway Authority Agreement. Violation of the terms of this Agreement by the City will not void this Agreement, unless the IEPA has determined that the violation is grounds for voiding this Agreement as a Highway Authority Agreement and the City has not cured the violation within such time as IEPA has granted to cure the violation. 10. This Agreement shall continue in effect from the date of this Agreement until the Right- of-Way is demonstrated to be suitable for unrestricted use and there is no longer a need for this Agreement as a Highway Authority Agreement, and the IEPA has, upon written re- quest to the IEPA by the Owner/Operator and notice to the City, amended the notice in the chain of title of the Site to reflect unencumbered future use of that highway Right-of- Way. 11 . This Agreement is in settlement of claims the City may have arising from the release of Contaminants into the Right-of-Way associated with LPC incident number 0894385462. 12. This Agreement does not limit the City's ability to construct, reconstruct, improve, re- pair, maintain and operate a highway upon its property or to allow others to use the high- way Right-of-Way by permit. To that extent, the City reserves the right and the right of those using its property under permit to remove contaminated soil or groundwater above Tier 1 residential remediation objectives from its Right-of-Way and to dispose of them as they deem appropriate not inconsistent with applicable environmental regulations so as to avoid causing a further release of the Contaminants and to protect human health and the environment. 6 Prior to taking any such action, the City will first give Owner/Operator written notice, unless there is an immediate threat to the health or safety to any individual or to the public, that it intends to perform a site investigation in the Right-of-Way and remove or dispose of con- taminated soil or groundwater to the extent necessary for its work. Failure to give notice shall not constitute a violation of this Agreement. The removal or disposal shall be based upon the site investigation (which may be modified by field conditions during excavation), which Owner/Operator may review or may perform, if requested to do so by the City. If practicable, as determined by the City, the City may request Owner/Operator to remove and dispose of the contaminated soil and/or groundwater necessary for the City's work in advance of that work. The Owner/Operator shall reimburse the reasonable costs incurred by the City to perform the site investigation and to dispose of any contaminated soil or groundwater, provided, however, that if notice to Owner/Operator has not been given and there was no immediate threat to health or safety, reimbursement for those costs shall be limited to twenty thousand dollars ($20,000.00). There is a rebuttable presumption that the Contaminants found in the highway Right-of-Way arose from the release of Contaminants from the Site. Should Owner/Operator not reimburse the reasonable costs under the con- ditions set forth herein, this Agreement shall be null and void, at the City's option, upon written notice to Owner/Operator by the City that those costs have not been reimbursed. Owner/Operator may cure that problem within twenty working days by making payment, or may seek to enjoin that result. 13. Written notice required by this Agreement shall be mailed to the following: To Owner/Operator: Mr. Bruce Stark and Mr. Leonard Winner do Starro Precision 1225 Bowes Road Elgin, IL 60123 To City: Mr. John Loete Public Works Director 150 Dexter Court Elgin, IL 60120-5555 14. The City's sole responsibility under this Agreement with respect to others using the highway Right-of-Way under permit from the City is to include the following, or similar lan- guage, in the future standard permit provisions and to make an effort to notify its current permit holders of the following: As a condition of this permit, the permittee shall request the City's Public Works Department to identify sites in the Right-of-Way where access to contaminated soil or groundwater is governed by Tiered Approach to Cor- rective-Action Objectives ("TACO") Agreements. The permittee shall take 7 measures before, during and after any access to these sites to protect worker safety and human health and the environment. Excavated, contami- nated soil should be managed off-site in accordance with all environmental laws. Owner/Operator hereby releases the City from liability for breach of this Agreement by oth- ers under permit and indemnifies the City against claims that may arise from others under permit causing a breach of this Agreement. Owner/ Operator agrees that its personnel, if any, at the Site who are aware of this Agreement will notify anyone they know is excavat- ing in the Right-of-Way about this Agreement. 15. Should the City breach Paragraph 5 of this Agreement, Owner/Operator's sole remedy is for an action for damages in the Circuit Count for the Sixteenth Judicial Circuit, Kane County, Illinois. Any and all claims for damages against the City, its agents, contractors, officers, employees or its successors in interest arising at any time for a breach of para- graph 5 of this Agreement are limited to an aggregate maximum of two thousand five hun- dred dollars ($2500.00). No breach by the City, its agents, contractors, officers, employees and its successors in interest of a provision of this Agreement other than Paragraph 5 is actionable in either law or equity by Owner/Operator against the City or its agents, con- tractors, officers, employees and its successors in interest and Owner/Operator hereby releases the City, its agents, contractors, officers, employees and its successors in interest for any cause of action it may have against them, other than as allowed in this paragraph, arising under this Agreement or environmental laws, regulations or common law governing the contaminated soil or groundwater in the highway Right-of-Way. Should the City con- vey, vacate or transfer jurisdiction of that highway Right of-Way, Owner/Operator may pur- sue an action under this Agreement against the successors in interest, other than a State agency, in a court of law. 16. This Agreement is entered into by the City in recognition of laws passed by the General Assembly and regulations adopted by the Pollution Control Board that encourage a tiered- approach to remediating environmental contamination. This Agreement is entered into by the City in the spirit of those laws and under its right and obligations as a municipality. Should any provisions of this Agreement be struck down as beyond the authority of the City, however, this Agreement shall be null and void. 8 IN WITNESS WHEREOF, Owner/Operator, Oak Tree Properties, has caused this Agreement to be signed by its duly authorized representative. , BY: DATE: 4/02.---- IN WITNESS WHEREOF, the City has caused this Agreement to be signed by its Mayor. CITY OF ELGIN BY: 1 _ DATE: / Z �, ova ED SCHOCK, MAYOR 4 ATTEST: 9arfirt-v< ffk\ DOLONNA MECUM, CITY CLERK 9 • MAY-28-2002 12:46 GREEN ENVIRONMENTAL 815 337 7205 P.09 SCALE IN FEET 25 0 25 50 LCOFND A$PHA11 PARKING SO-5 + P O RENOLC LOC Al ION MW+ MONITORING WEIL LOC ANON •f,ESTWATED EXt£N1 or NCO alil INATIOM EXC EEDINC TIER SROI ANO GROS ♦SB-E ASPHAI¶ 1 1-25 N. UNION ST. Y i } V ti 4' e i a X +Mw_s s o W - 6 i C W A O: - 3 x v' v ��--- ,SD-, •SPNALr T ASPHALT PARKING .V' $ m 1SB-S G 1. O y W ° z SB-1 726-750 W. CHICAGO ST. e • ` I 'I ♦SB-I 0 �SR•i l■ A SP i�4 1 I ASPHALT PARKING SR.• Se-7 -- 4 ♦ MW-2 -------- MW- ♦S!-6 �M1-0' '... / SIDlWAL PUBLIC RI K AREA Of POTENTIAL c FttG AGO ,TRELT GROUNDWATER IMPACT (BASED ON EOUATION R25) ---.-- —.—,---- ---- 1cY—O. ._.v 1 51ot*hLK pVBLIC R1G • Figure 1. Estimated Extent of Soil and Groundwater Contamination Exceeding Tier 1 Remediation Objectives/Proposed Highway Authority Agreement Location Map (Drawn by:The Green Environmental Group,Ltd.) Table 1 -Summary of Laboratory Results for BTEX,PNAs &Lead in Soil (concentrations in mg/kg) 1 43 IEPA SROs' SAMPLE IDENTIFICATION PARAMETER ro Residendai Soil Component of the 5111-12' S82-16' 882-17.5' SB2-19' SB5-9' 5116-10' GW Ingestion Route 2 N Ingestion Inhaladon ' Claw 1 Class II • . Benzene 12 0.8 0.3 1.7 <0.002 0.0075 1.720 <0.002 <0.002 <0.002 Elhylbenzene 7,800 400 13 19 <0.005 0.227 0.185 <0.005 <0.005 _ <0.005 Toluene 16,000 650 12 29 <0.005 8.610 0.567 0.0074 0.0061 <0.005 m • 1 z Xylenes 160,000 320 • ISO 150 <0.005 35.7 2.570 0.0362 0.195 <0.005 Naphthalene 1,600 170 12 420 <0.02.5 9.810 0.077 <0,025 0.068 <0.025 i Aceaaphthylene 1 - - - <0.050 <0.050 <0.050 <0.050 <0.050 <0.050 i Acenaphtbene 4,700 - 570 2,900 <0.050 <0.050 <0.050 <0.050 <0.050 <0.050 Fluozene 3,100 - 560 2,800 <0.050 <0.050 <0.050 <0.050 <0.050 <0.050 Phenaathreae - - - - <0.050 <0.050 0.063 <0.050 <0.050 <0.050 • - •Anthracene 23,000 - 12,000 59,000 <0.050 <0.050 <0.050 <0.050 <0.050 <0.050 Fluoranthene 3,100 - 4,300 21,000 <0.050 <0.050 0.120 <0.050 <0.OS0_1_ 0.063 Py eoe 2,300 - 4,200 21,000 <0.050 <0.050 0.116 <0.050 <0.050 0.057 Benzo(a)anthtaceae 0.9 - 2 8 0.019 0.013 0.065 <0.0087 0.014 0.032 . -I 1 ► W Cluysene 88 - 160 800 <0.050 <0.050 0.055 <0.050 <0.050 <0.050 ` Benzo(b)fluoranthene 0.9 - 5 25 0.016 <0.011 0.054 <0.011 0.011 0.030 Bcnzo(k)Suotaathenc 9 - 49 250 0.013 <0.011 0.050 <0.011 <0.011 0.028 Benzo(a)pyrenc i 0.09 - 8 82 i 0.017 <0.015 0.065 : <0.015 <0.015 0.035 Z 1- a Table I -Page l of 2 • PARAMETER IEPA SRO,_ SAMPLE IDENTIFICATION Residential SoilComponeat of the SBI-12' SB2-10' SB2-17S 'SB2-19' SBS-9' SB6-10' 63 GW Inretioa Route 2 I gestion Tabulation Class I Class Ii 'L ti Indeno(1,2,3-cd)pysene 0.9 - 14 69 <0.029 x0.029 0.033 <0.029 <0.029 <0.029 Dibenzo(a,6)aathracene 0.09 - 2 7.6 <0.020 <0.020 <0.020 <0.020 <0.020 <0.020 I o(Sbi)perykne - - - - <0.050 <0.050 <0.050 <0.050 <0.050 <0.050 Lead(total) 400 - 13.0 8.7 12.3 4.0 , 13.2 28.3 Table Notee Illinois EPA Tiered Approach to Corrective Action Objectives:Tier f Soil Remediation Objectival(SROs)for Residcatial Properties m 2. SROs fir the Soil Conçoeed of the Gwdwatcr(OW)ExpoeweBète Z 3. heats biSMtiaMod in BOLD type indicate that the detected coaceaIzilmes exceeds one or mote of the IP.PA SROs;both the SRO sad test results ate in BOLD �. indicates;that thee is currently no SRO value listed in TACO for this exposure route w '0 I Table 1 - Page 2 of 2 .. , Table 2-Summary of Laboratory Results for VOCs in Soil (concentrations in mg/kg) i :.:-.:;;...-;: 15'.!;•::',-:::.:,-'iiiiiiii4;Hit: -....:`,.7....:!,-;:: 4:;;,.;...::::;I:;:,.: 1 sgiti..)., . f: •-.5ii.t.: $;-,i'..?.i(r.,;i7441,4:::: .::;•.: : ::::=:;i.P =!:,',•,:-..::::t1.....:::11: :•;:-..,:ii,7•ii; ! , ,4::::‘,u7. I':;-:=:::'.'''fi'"--:':z -.. '::•'•: . ,-;,'-:-: ',1:-';`•:::::1-- Itiiiiiiii‘;....iit-i''..i'l- .);-IN:_';:t::--:•i'iM-. E:q1'. I-::r.'i!' t. l':01kliti.:.:..'...h ..:..i.t!:.:.4044)!i:40:it f:4-ili,7,:otti-pgslw N.) ' 11- , ,j:....-'..;.:'.; ;- : : 1..:-':-:f:) :1..:, :iiiielithirile:. ,--1-,Iiiitsimonti.! !, -Aivolit lf.i. :.11:z1:. ..,11,,,--. 5:i-7- ti::-J:ti;-;i,..::::::;::.:, -.r.'..Ii..;:-..i.:-,-;-=b.:,. : I-• N.) Acetone 7,800 . 100,000 16 s 16 <0.010 • <0.010 -.1 Benzene 12 0.8 0.03 0.17 <0.005 <0.005 Brornodichloromethane 10 3,000 0.6 0.6 <0.005 <0.005 Bromoform 81 53 0.8 0.8 <0.005 <0.005 Bromometbane -3 '' ' - <0.010 <0.010 2 2-Butanone(MEK) - - - - <0.010 <0.010 Carbon Disulfide 7,800 720 32 160 <0.005 <0.005 g Carbon Tetrachloride 5 0.3 0.07 0.33 <0.005 <0.005 P Cblorobenzene 1,600 130 1 6.5 <0.005 <0.005 Chloradibromornethane 1,600 1,300 0.4 0.4 <0.005 <0.005 Chloroethane - - - - <0.010 <0.010 Chloroform 100 0.3 0.6 2.9 <0.005 <0.005 . Chlorometbane - - - - <0.010 <0.010 1,1-Dichloroethane 7,800 1,300 23 110 . <0.005 <0.005 1 03 1,2-Dichloroethane 7 0.4 0.02 0.1 <0.005 <0.005 ul 1,1-Dichlaroethene 700 1,500 0.06 0.3 <0.005 <0.005 cis-1,2-Didiloroethene 780 1,200 0.4 1.1 <0.005 <0.005 trans-1,2-Dichloroethene 1,600 3,100 0.7 3.4 <0.005 <0.005 1,2-Dichloropropane 9 15 0.03 0.15 <0.005 <0.005 i I- ro Table 2- Page 1 of 2 a , r., ;CFA. .. :_;- 5�.:-.—'— :,v :�, : :Y f': .:.,. ... .....,.... .,::a:•. s_.i�,,.. - - Vii!' .:'£:'. ,1.. .- .. ........ . ,- .' :.<_ . r..]`y:�r -.,5♦, r _ :V�.: - _ •ii'.•i.:,i��.: i`II r. t��:v, ,Y...3 _ :'..v. . ":. .. 'Z.,..: - ,.. : ,. J.. -.. '.Y..f%..^ its �LI is ;.t- �Z-1:fit ( ` a1 I f .,' .. •. ... _n. .. .. ...- -:'. : r.. „..11110117..;-;”: . "-.C:: .:r i r ar - t7;';-.,1.;-. 'i .. —. _ j .. cis-1,3-Dichlornpr+opene 6.4 1.1 0.004 0.02 <0.005 <0.005 N <0.005 <0.005 ti trans-l,3-Dichloropropenc . Ethylbenzene 7,800 400 13 19 <0.010 <0.010 , - <0.010 <0.010 2-Hexanone - - <0.005 <0.005 - 4-Metby1-2-pentanone(MIBK) - - 13 0.02 0.2 <0.005 <0.005 Methylene Chloride 85 ► N Styrene 16,000 1,500 4 18 <0.005 <0.005 . _ - <0.005 r <0.005 1,1,l,2-Tel7achlomethttne - Tetrachloroethene 12 11 0.06 1 0.3 <0.005 <0.005 1 i Q (Perchloroethylenee or PCE) -1 16,000 650 12 29 <0.005 <0.005 P Toluene • <0.005 1,1,1-Trichloroethane(l,l,l- - 1,200 2 9,6 <0.005 TCA) 1,800 0.02 0.3 <0.005 <0.005 1,1,2-Trichlorodrthae 310 . 5 0.06 0.3 <0,005 <0.005 Trichloroethene 58 1 (Trichloroethylene or TCE) 1 1,000 170 1 1 78,000 , <0.010 <0.010 Vinyl Acetate 70 . co 0.01 0.07 <0.010 <0.010 cn Vinyl Chloride(VC) 0.46 0.28 Xylene)total r 160,000 320 - 150 150 0.0158 0.0171 1 Table Notes: 1, Illinois EPA's Tiered Approach to Corrective Action Objectives(IAC 35 Part 742):Tier I Soil Remediation Objectives(SROs)for Residential Properties 2. SROs for the Soil Component of the Groundwater(GIN)Exposure Route no remediation objective in TACO for this exposure route 3, indicates that there is BOLD type �J 4 Items highlighted in BOLD type indicate that the detected concentrations exceeds one or more of the IEPA SROs;both the SRO and test results are in BOLD W Table 2-Page 2 of 2 Table 3-Summary.of Laboratory Results for PNAs and Lead in Water _ . (concentrations in mg/L) IEPA Groundwater SAMPLE IDENTIFICATION PARAMETER Reznediation Objectives Class I Class it WS-1 MW-1 MW-2 MW-3 MW-4 Naphthalene 0.14• 0.22 1.23 <0.010 <0.010 <0.010 <0.010 r• I Acenaphthylene - - <0.010 <0.010 <0.010 <0.010 <0.010 Acenaphthene 0.42 2.1 <0.010 <0.010 <0.010 <0.010 <0.010 , Fluorene 0.28 1.4 0.004 <0.002 <0.002 <0.002 <0.002 Phenanthrene - - 0.009 <0.005 <0.005 <0.005 <0.005 z Ri Antluacene 2.1 103 <0.005 <0.005 <0.005 <0.005 <0.005 W Fluoranthene -0.28 1.4 0.009 <0.002 <0.002 <0.002 <0.002 Pyrene 0.21 . 1.05 0.009 <0.002 <0.002 <0.002 <0.002 Beazo(a)anthracene 0.00013 0.00065 0.00388 <0.00013 <0.00013 <0.00013 <0.00013 Chrysene 0.0015 0.0075 0.0032 <0.0015 <0.0015 " <0.0015 <0.0015 ' Benzo(b)11uoranthene 0.00018 0.0009 0.00272 <0.00018 <0.00018 <0.00018 <0.00018 Beazo(k)11noranthene 0.00017 0.00085 0.00232 <0.00017 <0.00017 <0.00017 <0.00017 Btazza(a)pyrene 0.0002 0.002 0.003 <0.0002 <0.0002 <0.0002 <0.0002 ! Indeno(1,2,3-cd)pyrese 0.00043 0.00215 0.0011 <0.0003 <0.0003 <0.0003 <0.0003 CO VI Dibtazzo(a,h)anthracezze 0.0003 0.0015 0.0003 <0.0003 <0.0003 <0.0003 <0.0003 ; Benza(ghi)perylene - - 0.0008 <0.0004 <0.0004 <0.0004 <0.0004 Lead to 0.0075 0.1 0.217 <0.002 <0.002 0.006 <0.002 Table Notes:.�- -- - - - ---- --- --- --- 7" I. Illinois EPA Tiered Approach to Corrective Action Objectives:Tier I Groundwater Ren ediation Objectives(GROs) 2. items highlighted is BOLD type indicate that the detected on concentations exceeds one or more of the IEPA SROs;both the SRO and test results are in BOLD 3. `-"indicates that there is currently entty no SRO value listed in TACO for this exposure route Table 3 -Page 1 of 1 . . . Table 4-Summary of Laboratory Results for VOCs in Water . , (concentrations in mg/L) 1 1 -7..E.17i ::i'i; :! 0.'.: _itt-4:44i■iiiiiiltAiiitibiiU. :., i].Qs illi'11 .11!'::: ':'tl':;:!:1-:::.:1.:..:.':.(4;,: ::- S*lCiii*:_f4'':.:1;::','-:.:',..:.::;:.:;=?,:;.:,i.'::..;•. s...','!:-;:;,:t-.i.E:li.:1"i'ri...........................i iv' :.;:i '•-;:.!'!:::,:....f ,-!:I 4'....-q,. .,ii.::::;$-':•-,.,,;:i. ,.,.:::: -',..4A....*, n .,1J-4 ..i:?,:•:,!::./.:::-jEt:.7..'i7_.::z: 114T1:::. 4T;•.:."::::::.:::*,:1X*4tz,: 14i-Jmc..;.ii•:,.;;::.::::\..:,:::.;0y. #":..:';;;:::' T ....!:..:!..:::;,.): -...1i-:.:.:::4!-J:i-i, ',-,4:1-:::,:-,-.:.,,:-__ ;:.:-:,!...,: :,;:).:,.,:l ,,i:ti;:i;.::, ;:::-w.ir.::,7:: Acetone 0.7 0.7 <0.010 <0.010 <0.010 <0.010 n..) - i. (.0 Benzene 0.005 0.025 0.318 <0.005 <0.005 <0.005 <0.005 Bromodichloromelhane 0.0002 0.0002 <0.005 <0.005 <0.005 <0.005 - Bromoform 0.001 . 0.001 <0.005 <0.005 <0.005 <0.005 - Bromoinethane MOM - . <0.010 <0.010 <0.010 <0.010 N T - 2-Butanone(MEK) .. <0.010 <0.010 <0.010 <0.010 - Carbon Disulfide 0.7 3.5 <0.005 <0.005 <0.005 <0.005 - Carbon Tetrachloride 0.005 0.025 <0.005 <0.005 <0.005 <0.005 - C)ilorobenzene 0.1 0.5 <0.005 <0.005 <0.005 <0.005 .. P Chlorodibromomethane 0.14 0.14 <0.005 <0.005 <0.005 <0.005 - Chloroethane - - <0.010 <0.010 <0.010 <0.010 Chloroform 0.0002 0.001 <0.005 <0.005. <0.005 <0.005 - Chloromethane - - <0.010 <0.010 '<0.010 <0.010 - 1,1-Dichloroethane 0.7 3.5 <0.005 <0.005 <0.005 <0.005 -1,2-Dichlomethane 0.005 0.025 <0.005 <0.005 <0.005 <0.005 .- co 1.... vi 1,1-Dichloroethene 0.007 0.035 <0.005 <0.005 <0.005 <0.005 - cis-1,2-Dichloroethene 0.07 0.2 <0.005 <0.005 <0.005 <0.005 -- tram-1,2-Dichloroethene 0.1 0.5 <0.005 <0.005 <0.005 <0.005 - g 1,2-Dichloropropane 0.005 0.025 <0.005 <0.005 <0.005 <0.005 - ,-, c.n Table 4-Page 1 of 2 , . . • lt,:,,•!i;:,.,.- '.. ... iii;.;;"::::E.:.i";;1;::..k":"';: .:L:.!:::;:7-..1 7::::E.. !;•1: ',.-!■;..::-'," 1 . ' i.;..i::i-;i''ai'''iii::::. ,•.,.. .:!:"::::il:.":::::.-:; :"::: :'■1 :::;::::""j.: 4***003040*Lif„-r ,, ..1r1,...".'!* ' ;-:.: :.:: : '-'!'.';':.: ':.:::.:I.,.;::1:"..,.#,.::,:i::.,.„,,.:.,-.7: .: ;;;.:.,--.;;-;', ']T:.!..,-:, •' .;i. .]'::-.1,-;:.,: ItkijOMEETIM;:.:4:7:;:.;::'::!: W: : ,15:4 , .1.:1 ,1:!..!),..;. ',..,Li::■'.!'.;;i1., . i.00r.-;:! .. i:.::::::.0y.Tt.:!.:.,. _< : .!11::i:_:;7:: -:.--- : -i..!:'.':.:q:-.---:::'-r.±:..::::._ '44.--- . :_:7-1.'.-,:i..:0;ii:.,:::::::::;:: 0::: :...,.::......:.:i 1, gi3 ..i:44.4,... :::.-.:-!,...:.:.-z.:::,:i.-.........::::::,.,..iii.,-!..,.. ;! ::.: ..;-::::A.:;;_i:vr:::t.iiif':iTii-:)15...::f?...:F-:::.::7).::-!-:.-iiiiiiv.-i:.]::::,i..1,-:',JJ-!.:,...;-::::-:1.:.:i--I:-..:::-.:--.::-.--.::.: .:.•.7].---:.------,_ !- -..: .------!".. - - : -: - cis-1,3-Dichloropropene 0.001 0.005 <0.005 <0.005 <0.005 <0.005 - '1 1 trans-1,3-Dichloropr0pene <0.005 <0.005 <0.005 <0.005 . t 1 1-• , tv 1 .. Ethylbenzese 0.7 1.(1 3.980 <0.005 <0.005 <0.005 <0.005 ko 2-11exanone - - <0.010 <0.010 <0.010 <0.010 - 4-Methyl-2-pentanone(M3BK) - - <0.010 <0.010 <0.010 4.010 111111.1\ Methylerie Chloride 0.005 0.05 <0.005 <0.005 <0.005 <0.005 mum- • I, Styrene 0.1 05 <0.005 <0.005 <0.005 <0.005 , 1,1,1,2-Tetrachloroethane - - <0.005 <0.005 <0.005 4.005 !I 1 MIN t 11111 i Tetrachloroetheae 0.005 0.025 <0.005 <0.005 <0.005 <0.005 (Perchloroethylene or PCE) Toluene 1.0 MINI 1.410 <0.005 <0.005 <0.005 <0.005 , P 1,1,i-Trichloroethatie(1,1,1- 0.2 1.0 43.005 <0.005 <0.005 <0.005 MI, TCA) 1,1,2-Trichloroethane 0.005 0.05 <0.005 <0.005 <0.005 <0.005 Milli Trichloroethene 0.005 0.025 <0.005 <0.005 <0.005 <0.005 1111.1 (Trichloroethylene or TCE) Vinyl Acetate 7.0 7.0 <0.010 <0.010 <0.010 <0.010 NMI Vinyl Chloride(VC) 0.002 0.01 <0.010 <0.002 <0002 <0.002 ('1 ne total 10.0 10.0 22.30 <0.005 <0.005 4.005 . <0.00 Table Notes: • 1. Illinois EPA's Tiered Approach to Corrective Action Objectives(1AC 35 Part. 742)1 TiermIuGrounde water Rentediation Objectives(GROS) g 2. "-"indicates that there is currently no ranediation objective in TACO.for exposure :-1 3 ItenkS highlighted in BOLD type indicate that the detected concentrations exceeds one or more of the IEPA SROs;both the SRO and test results are in -El P BOLD ,-. cr -.° al Table 4-Page 2 of 2 � OF f�Ci G • �� �ti Agenda Item No. y p � City of Elgin _ E L tt p0. July 19, 2002 N a a TO: Mayor and Members of the City Council FINANCIALLYSrAeLECm C.oVERNMENT EFFM•IENi SERVICES, AND DUALITY INFRASTRUCTURE FROM: Olufemi Folarin, Interim City Manager SUBJECT: Proposed Highway Authority Agreement Limiting Access to Potentially Contaminated Soil or Groundwater in the Public Right-of-Way Adjacent to 726-750 West Chicago Street PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding a proposed rft. "Highway Authority Agreement" that limits access to potentially contaminated soil or ground water located in the public right-of- way adjacent to 726-750 West Chicago Street . BACKGROUND Overview of Environmental Regulations The Illinois Environmental Protection Agency (IEPA) administers a voluntary cleanup program for contaminated properties referred to as "brownfields. " The IEPA' s "Site Remediation Program" (SRP) establishes investigation and cleanup guidelines for sites where there is a release or threatened release of hazardous substances, pesticides, or petroleum. Once a site owner has completed the program, the IEPA issues a "No Further Remediation" (NFR) letter stating the cleanup is satisfactory for the site ' s intended use and the owner has no additional responsibility for completing an approved cleanup plan. The IEPA and Region V of the US EPA have a formal agreement whereby the federal government also recognizes the NFR. The SRP promotes risk-based, site-specific cleanup. This means that the cleanup objectives for a site are derived from the intended use of the redeveloped site, the potential for exposure to contaminants, and actual site conditions . r Proposed Highway Authority Agreement Limiting Access to Potentially Contaminated Soil or Groundwater in the Public Right-of-Way July 19, 2002 Page 2 By example, the cleanup objectives for a park or residential development would be different and typically more stringent than if the same site was going to be redeveloped as a parking lot or industrial facility. The IEPA issues "No Further Remediation" (NFR) letters to program applicants who have successfully demonstrated, through proper investigation and, where warranted, remedial actions, that all environmental conditions at their remediation sites do not present a significant risk to human health or the environment. The NFR letter is considered prima facie evidence that the site does not constitute a significant risk of harm to human health and the environment, so long as the site is utilized in accordance with the terms of the NFR letter. Cleanup Objectives The guidelines for determining risk-based, site-specific cleanup objectives are given in the state ' s Tiered Approach to Corrective Action Objectives (TACO) (35 Ill Adm Code 742) . In the first tier of analysis, a site owner, with help from an environmental consultant and the IEPA, compares sampling results to tables that show the strictest cleanup levels for all potential contaminants . If the sampling results exceed the values listed in the tables, the owner can either describe to the IEPA the area of concern or move on to a tier-two analysis . Tier-two involves calculating the human health risk posed by the sampling results. Tier-three, an even more sophisticated analysis, takes site-specific options into account . The tier of analysis an owner uses depends both on the complexity of the environmental concerns and the cost of obtaining various levels of information about the site. Benefits of Supporting Risk-Based Site Cleanups The above-described provisions in the Illinois Environmental Protection Act and the Illinois Administrative Code are in recognition that developers and end-users that purchase brownfield properties want the release from liability that is provided by the NFR. t r Proposed Highway Authority Agreement Limiting Access to Potentially Contaminated Soil or Groundwater in the Public Right-of-Way July 19, 2002 Page 3 As a protector of human health and the environment, it follows that the City should support risk-based site cleanups and encourage private parties to enter sites in the SRP so those affected properties remain viable in the marketplace. Highway Authority Agreement and Groundwater Ordinance The relevant provisions of the Illinois Environmental Protection Act and the Illinois Administrative Code provide for the establishment of "institutional controls" for contaminated properties which may include potentially contaminated soil or groundwater in an adjacent public right-of-way. These institutional controls include a model "Highway Authority Agreement" and an attendant ordinance restricting groundwater use in the area governed by the Highway Authority Agreement . Highway Authority Agreements are entered into by the site owner/SRP applicant and the governmental authority having jurisdiction of the right-of-way. As part of the agreement, the site owner analyzes and documents contamination from the site that has affected the public right-of-way. Under the terms of the Highway Authority Agreement, the governmental authority agrees to use its permitting process to limit access to the contamination. When road and utility workers or others need to access the soil or groundwater in the right-of-way, appropriate safety measures and proper disposal of any contaminated material must be arranged. The criteria that must be satisfied in order to use a Highway Authority Agreement is codified at 35 Ill Adm Code 742 . 1020 . Highway Authority Agreements have been developed as an institutional control for circumstances where the roadway constitutes an engineered barrier over the potentially contaminated soil or groundwater and the benefit to public health and safety in remediating the contaminated soil or groundwater in the public right-of-way is outweighed by the cost of such remediation and the disruption to the public right-of-way. To limit the potential for persons to be exposed to contaminants by ingesting groundwater, an ordinance prohibiting the installation of any new potable water supply wells within the right-of-way described in the Highway Authority Agreement is rft. required. tt . rfts Proposed Highway Authority Agreement Limiting Access to Potentially Contaminated Soil or Groundwater in the Public Right-of-Way July 19, 2002 Page 4 Although the likelihood of establishing a potable water supply well within the public right-of-way is practically non-existent, the adoption of such a groundwater ordinance is a required "institutional control" under the IEPA' s TACO guidelines to ensure groundwater contamination is not a potential source of exposure to the public. Site owners enrolled in the SRP, however, must still test and report groundwater impacts from their site in order to obtain an NFR letter. Right-of-Way Requiring Highway Authority Agreement The property commonly known as 726-750 West Chicago Street, the sight of a former gas station, has enrolled in the IEPA' s SRP. During the site investigation, soil and groundwater contamination was detected on the property and appears to extend beneath the City' s right-of-way at North Union Street . Groundwater modeling has also shown the potential for the migration of contaminants in the West Chicago Street right-of-way. Attached is a memorandum of May 28, 2002 from the Green Environmental Group, Ltd. which represents the property owner Oak Tree Properties. Attached to such memorandum is an initial information form, a map depicting the estimated extent of soil and groundwater contamination exceeding Tier 1 remediation objectives and a table providing a summary of laboratory results. The property owner has advised the City that a sale of the subject property is pending and cannot be completed until the property owner obtains a No Further Remediation Letter. The IEPA will not issue a No Further Remediation Letter until the property owner enters into a Highway Authority Agreement with the City or establishes that the potentially contaminated soil or groundwater in the adjacent public right-of-way has been remediated. Attached is a proposed form Highway Authority Agreement entitled "Master Agreement Tiered Approach to Corrective-Action Objectives Agreement" . This agreement is based upon the standard agreement prepared by the Illinois Department of Transportation with revisions by the corporation counsel . Under the proposed Highway Authority Agreement the site owner would pay the City $2, 500 for entering into the agreement . The owner had proposed no fee to the City. The proposed fee is designed to offset the City' s costs for reviewing and administering the Highway Authority Agreement . Proposed Highway Authority Agreement Limiting Access to Potentially Contaminated Soil or Groundwater in the Public Right-of-Way July 19, 2002 Page 5 Should the City ever fail to limit access to the contaminated area in accordance with the agreement, the City' s liability is expressly limited to $2, 500 in damages. The Highway Authority Agreement expressly provides that the agreement does not limit the City from constructing, reconstructing, improving, repairing or maintaining and operating the right-of-way. In the event the City is required to dispose of contaminated soil or groundwater, the Highway Authority Agreement requires the site owner to reimburse the City for the costs incurred by the City for such remediation. The corporation counsel has received three additional requests for the City to enter into Highway Authority Agreements and those proposed agreements are currently under review. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. \ / FINANCIAL IMPACT The proposed fee to be paid to the City for entering into the Highway Authority Agreement is $2, 500 . EGAL INKNone. ALTERNATIVES 1 . Enter into the proposed Highway Authority Agreement upon the property owner making payment to the City in the amount of $2, 500 . or in such other amount as determined by the City Council . 2 . Decline to enter into the proposed Highway Authority Agreement with the property owner. eft. Proposed Highway Authority Agreement Limiting Access to Potentially Contaminated Soil or Groundwater in the Public Right-of-Way July 19, 2002 Page 6 RECOMMENDATION It is recommended that the City Council enter into the proposed Highway Authority Agreement upon the property owner making payment to the City in the amount of $2, 500 . Respectfully submitted, zz,e idt�t0/i�s Olufemi Folarin Interim City Manager RGK/mg Attachment MAY-28-2002 12:43 GREEN ENVIRONMENTAL 815 337 7205 P.01 rAttn.: Legal Department,City. of Elgin FACE mum Fax#: 847-931-5665 Re: Highway Authority Agreement Date: May 28,2002 Pages:/b(including cover) Dear Sir/Madam, The Green Environmental Group,Ltd.has been retained by Oak Tree Properties to conduct environmental closure activities at the property known as 726-750 West Chicago Street,Elgin, Illinois,60123,under the Illinois Environmental Protection Agency's(Illinois EPA's) voluntary Site Remediation Program. During the site investigation portion of the closure process,soil and groundwater contamination was detected on the property and appears to extend beneath the City of Elgin right-of-way known as North Union Street. Groundwater modeling has also shown the potential for the migration of contaminants into the City of Elgin right-of-way known as West Chicago Street. The Illinois EPA has reviewed the site data obtained thus far and has requested a Highway Authority Agreement(Agreement)to be entered into by the City of Elgin and Oak Tree Properties. In general,the Agreement is intended to notify the City of Elgin of the ' concentration and extent of contaminants in the right-of-way.By signing the Agreement,the City of Elgin agrees to prohibit the use of contaminated groundwater as a potable or domestic water supply and to limit access to the contaminated soil as described within the Agreement. By signing the Agreement,the property owner agrees to reimburse the City of Elgin for reasonable costs incurred in the identification,investigation,handling,storage,transport and disposal of contaminated soil and/or groundwater in the right-of-way,resulting from releases from the subject property. Please note that the contents of this Agreement are in keeping with the laws passed by General Assembly and regulations adopted by Pollution Control Board which encourage a tiered approach to remediating environmental contamination. The signing of this Agreement by the City of Elgin is requested in the spirit of those laws and under the City of Elgin's right and obligation as a highway authority. A draft highway authority agreement is attached for your review. This draft has been reviewed by a Project Manager within the Illinois EPA Remedial Project Management Section and has been deemed acceptable for usc. Please review the attachments and direct any questions or comments to the undersigned at 815-338-7926. Sinc ly, .MC� ect Manager Front the dale Sf. THE GREEN ENVIRONMENTAL GROUP,LTD. Kathryn F.McCarthy The Gram Fmlr..mc taI Group,Ltd. 1725 S.Eastwood Drive,P.O.Box 134 Woodstock Illinois 6•995 Pk.:1115-3311-7926 Fez:515-3377203 C:\MyFilcs1Lette&s111A1A cover to Elgin.wpd •