03-23 Resolution No. 03-23
RESOLUTION
AUTHORIZING EXECUTION OF A HIGHWAY AUTHORITY AGREEMENT WITH
ROBERT E. SCHROEDER AND JAMES C. SCHROEDER
AND SAFETY-KLEEN SYSTEMS, INC.
(390 Sadler Avenue)
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 Robert E. Schroeder
and James C. Schroeder, as owners, and Safety-Kleen Systems, Inc . ,
as operator, to limit access to potentially contaminated soil or
groundwater in the public right-of-way adjacent to 390 Sadler
Avenue, a copy of which is attached hereto and made a part hereof
by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: February 12 , 2003
Adopted: February 12 , 2003
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•
CITY OF ELGIN - UST OWNER/OPERATOR
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: Robert Schroeder Operator (if different): Safety-Kleen
Address: 333 N. Alfred Avenue Address: 1502 E. Villa Street
Elgin, IL 60123-3317 2nd Floor, Engineering
Attn: Robert D. Schoepke Elgin, IL 60120
Telephone No: 847-742-1341; 847-741-3364
Fax No: N/A
Name and Title of Person Authorized to Sign for Owner:
Robert E. Schroeder, James C. Schroeder
Name and Title of Person Authorized to Sign for Operator (if different):
Robert D. Schoepke, Director-Remediation, Safety-Kleen
APPLICANT'S ATTORNEY ENVIRONMENTAL CONSULTANT
Name: Virgil W. Duffie Name: TriHydro Corporation
Address: Safety-Kleen Address: 920 Sheridan
1301 Gervais Street Laramie, WY 82070
Columbia, SC 29201 Attn: Brian Culnan
Telephone No: 803-933-4200 Telephone No: 307-745-7474
PROPERTY ADJACENT TO THE RIGHT-OF-WAY
Address: 390 Sadler Avenue, north to and including intersection of Sadler Road and
Anderson Avenue and extending approximately 50 feet west of the intersection (see
attached map)
RIGHT-OF-WAY(S) REQUIRING HIGHWAY AGREEMENT
Highway Number(s): (Check one or both)
Soil Impact in Right-of-Way
® Groundwater Impact in Right-of-Way
Street Name (if any): Sadler Avenue and intersecting cross at Anderson Avenue.
REGULATORY INFORMATION
IEMA Incident Number: 901374
IEPA Project Manager: Steve Jones
IEPA Status: (Check one)
(l 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
Name: Robert A. Schoepke
Address: Safety-Kleen, 1502 E Villa Street, Elgin, IL 60120
NATURE AND EXTENT OF HYDROCARBON IMPACT INFORMATION — FOR
EXHIBIT A
The Closure Report/Closure Response Letter will document the nature and extent of
hydrocarbon impact in the right-of-way.
Soil: Refer to Figure 1 — Estimated Soil Impact in the Right-of-Way Map
Using Tier One Residential Corrective Action Objectives
Groundwater: Refer to Figure 2 — Estimated Groundwater Impact in the Right-of-
Way Map Using Tier One Corrective Action Objectives
Tables showing soil and groundwater sampling results in the right-of-way (if sampled)
and/or adjacent to it need to be submitted and keyed to Figures 1 and 2. Samples
above Tier 1 One Residential Corrective Action Objectives need to be highlighted.
2
AREA COVERED BY HIGHWAY AUTHORITY AGREEMENT — FOR EXHIBIT B
(Check one)
® Refer to Figure 3 — Proposed Highway Authority Agreement Location Map
n Location not proposed (The Department will draw map based on Figures 1 and 2.)
Attachments:
® Figure 1 Estimated Soil Impact Map
® Figure 2 Estimated Groundwater Impact Map
Figure 3 Proposed Highway Agreement Location Map
® Tables Showing Sampling Results
Closure Report
Other
3
•
MASTER AGREEMENT
TIERED APPROACH TO CORRECTIVE-ACTION OBJECTIVES AGREEMENT
This Agreement is entered into this l Zvi day of F$t, , 2003 pursuant to 35 Illinois
Administrative Code Section 742.1020 by and between Robert E. Schroeder and James
C. Schroeder ("Owner") and Safety-Kleen Systems, Inc., a Wisconsin corporation
("Operator"), 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
undersigned representative of the City and prior to execution, this Agreement
constitutes an offer by Owner/Operator. The duly authorized representatives of
Owner/Operator have signed this Agreement and this Agreement is binding upon them,
their successors and assigns.
2.a. Owner/Operator is pursuing a corrective action of a Site and of the right-of-way
adjacent to the boundary of the Site located at 390 Sadler Road and Intersection of
Sadler Road and Anderson Avenue (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 objectives 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, hereinafter the "Right-of-Way,"
adjacent to the site is subject to this Agreement. As the drawings 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
impacted with Contaminants from a release at the Site.
2.c. The Illinois Emergency Management Agency has assigned incident number 901374
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.
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.
4
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 beneath 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
referenced 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"
determination. This Agreement shall not be effective between the Owner/Operator and
the City unless and until the IEPA approves this Agreement and the !EPA 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
groundwater 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 maintenance 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 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,
including, but not limited to, identifying, investigating, handling, storing and disposing of
5
contaminated soil and groundwater in the Right-of-Way as a result of the release of
contaminants at this Site, and the review and processing of this Agreement. The City
has determined 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 signature. 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
interest, 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 request 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 incident number 901374.
12. This Agreement does not limit the City's ability to construct, reconstruct, improve,
repair, maintain and operate a highway upon its property or to allow others to use the
highway 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.
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 contaminated 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
6
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 conditions 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. Robert A. Schoepke Mr. Robert E. Schroeder
Safety-Kleen Systems, Inc. 2nd Floor Engineering
1502 Villa Street 333 N. Alfred Avenue
Elgin, IL 60120 Elgin, IL 60123-3317
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
language, 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
Corrective-Action Objectives ("TACO") Agreements. The permittee shall
take measures before, during and after any access to these sites to
protect worker safety and human health and the environment. Excavated,
contaminated 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
others 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 excavating in the Right-of-Way about this Agreement.
7
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 paragraph 5 of this Agreement are limited to an aggregate maximum of
two thousand five hundred 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, contractors, 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 convey,
vacate or transfer jurisdiction of that highway Right of-Way, Owner/Operator may
pursue 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.
17. The Owner and Operator shall be jointly and severally liable for their obligations
under this Agreement and all references to "Owner/Operator" shall effect the Owner and
the Operator both jointly and individually.
8
IN WITNESS WHEREOF, Owners, Robert E. Schroeder and James C. Shroeder, have
caused this Agreement to be signed by its duly authorized representatives.
BY.
("A) DATE:
ROBERT E. SCH'SEDER
BY: 7 e° _ 1 �4=Gt� DATE:
ES C. SCHROEDER
IN WITNESS WHEREOF, Operator, Safety-Kleen Systems, Inc., has caused this Agree-
ment to be signed by its duly authorized representative.
BY: 4. DATE: /- / G —03
R BERT A. SCHOEPKE
Director, Remediation, Safety-Kleen Systems, Inc.,
as Operator
IN WITNESS WHEREOF, the City has caused this Agreement to be signed by its Mayor.
CITY OF ELGIN
BY: ,-- . �/,A__-∎! DATE: 02 / 3/0 3
ED SCHOCK, MAYOR
ATTEST:
•
e /A
DOLONNA MECUM, C CLERK
Table 1. Groundwater Quality Summary, Former Safety-Kleen Truck Maintenance Facility, Elgin, Illinois
Sample ID Date Benzene Toluene Ethylbenzene Total Xylenes Total BTEX
(mg/L) (mg/L) (mg/L) (mg/L) (mg/L)
MW-1 6/21/1996 ND(0.001) ND(0.001) ND(0.001) ND(0.001) ND(0.004)
4/16/1999 ND(0.001) ND(0.001) ND(0.001) ND(0.001) ND(0.004)
10/24/2000 ND(0.001) ND(0.001) ND(0.001) ND(0.003) ND(0.006)
4/19/2001 ND(0.001) ND(0.001) ND(0.001) ND(0.003) ND(0.006)
7/20/2001 ND(0.001) ND(0.001) ND(0.001) ND(0.003) ND(0.006)
12/7/2001 ND(0.001) ND(0.001) ND(0.001) ND(0.001) ND(0.004)
2/20/2002 ND(0.001) ND(0.001) ND(0.001) ND(0.001) ND(0.004)
MW-2 6/21/1996 ND(0.001) ND(0.001) ND(0.001) ND(0.001) ND(0.004)
4/16/1999 ND(0.001) ND(0.001) ND(0.001) ND(0.001) ND(0.004)
10/24/2000 ND(0.001) ND(0.001) ND(0.001) ND(0.003) ND(0.006)
4/19/2001 ND(0.001) ND(0.001) ND(0.001) ND(0.003) ND(0.006)
7/20/2001 ND(0.001) ND(0.001) ND(0.001) ND(0.003) ND(0.006)
12/7/2001 ND(0.001) ND(0.001) ND(0.001) ND(0.001) ND(0.004)
2/20/2002 ND(0.001) ND(0.001) ND(0.001) ND(0.001) ND(0.004)
MW-3 6/21/1996 0.014 ND(0.001) ND(0.001) ND(0.001) 0.014
4/16/1999 0.16 ND(0.001) 0.039 0.0049 0.2039
4/27/2000 0.0052 0.00032 0.0012 0.0013 0.008
10/24/2000 ND(0.001) ND(0.001) ND(0.001) ND(0.003) ND(0.006)
4/19/2001 0.025 ND(0.001) 0.016 ND(0.003) 0.041
7/20/2001 0.0014 ND(0.001) ND(0.001) ND(0.003) 0.0014
12/7/2001 ND(0.001) ND(0.001) ND(0.001) ND(0.001) ND(0.004)
2/20/2002 0.003 ND(0.001) ND(0.001) ND(0.001) ND(0.004)
MW-4 6/21/1996 ND(0.001) ND(0.001) ND(0.001) ND(0.001) ND(0.004)
4/16/1999 ND(0.001) ND(0.001) ND(0.001) ND(0.001) ND(0.004)
10/24/2000 ND(0.001) ND(0.001) ND(0.001) ND(0.003) ND(0.006)
4/19/2001 ND(0.001) ND(0.001) ND(0.001) ND(0.003) ND(0.006)
7/20/2001 ND(0.001) ND(0.001) ND(0.001) ND(0.003) ND(0.006)
12/7/2001 ND(0.001) ND(0.001) ND(0.001) ND(0.001) ND(0.004)
2/20/2002 ND(0.002) ND(0.002) ND(0.002) ND(0.002) ND(0.008)
GP-1 4/16/1999 2.9 ND(1) 3.5 17 23.4
BH-1 4/19/2001 2.1 ND(0.02) 4.4 I 13 19.5
Class I Standard 0.005 1 0.7 10 -
Notes: ND- Constituent was not detected with detection limit in parentheses
Class I Standard- Tier 1 Groundwater Remediation Objective for Class I Groundwater
EXHIBIT
H:PROJIS-KIELGIMFnaRReport 02 tables\TAB 2 /44.
II,
BH-5 (2'-4) .
B
ND W
E ND < ,
T ND Z
X ND 8H-4 (2'-4') 2 g
BH-6 B ND v ■
w�-
• T ND ' a
1 CONCRETE ; X NO
g� BH-10 (2'-4�
BAY DOOR ,.` B 0.019
• E 0.016
llOF FORMER UST APPROXIMATE UNIT BH-5 BH 4 X 0.009
BH-9 (4'-6') EXCAVATION \\
B ND �'--�.
E ND i �L 1
T ND j BH• \`, BH-10 L BH-17
X 0.011 TRUCK GARAGE BH_9 BH-3 aS
811-3 (2'-4') • UNIT OF LI
B 3.1 ASPHALT i BH-12 (2'-47
E 6.5 GATE PAVEMENT 8H-11A(2'-47 I 1 8 ND
T 1 6 APPROXIMATE LOCATION __
I
_f B 0.062 E ND
X 33.0 FORMER UST r-, i E 12.0 ( T ND
1 1 i / T 0.46 I X ND
8H-7 (2'-4') BH-1—�( `� i Ir BH-8 ``. X 72.0 I I
ll B`. . ND \�- j • BH-11
T ND r� • BFI-12
X 0.003 i[`�• UNIT OF ASPHALT
PATCH FROM BH-• -,A
\ *814-7
EXCAVATION BH-1 3
i 390 SADLER AVENUE'. `
, C
T— SIDEWALK { SS"-- --_
-L__
- - - —
i 8H-14 (2'-4')
/
8 ND SADLER AVENUE i E ND ; B ND
, SANITARY SEWER
UNE t5' s T ND E ND
b9 BH--16 x ND •BH-15 BH-14 T 0.002
_
SAN
X 0.011
I i SAN _
_ / , �, . _ _� _. _ SANITARY SEWER —if
` --
�, —� UNE t7' tgs
w
._WATER MA _
I --fl- t5• bgs_ - --e
PP
EXPLANATION CHEMICAL LEGEND
Son
SAN O SANITARY SEWER MANHOLE • BOREHOLE LOCATION (12/95) Abby Constituent Objective g 1
MHO OTHER MANHOLE LOCATION 4- SOIL BORING AND/OR B Benzene 0.03
E(TYPE UNKNOWN) TEMPORARY GROUNDWATER T Toluene Benzene 12
PP O POWER POLE LOCATION SAMPLING LOCATION (6/96) x Xylenes. Total 150
F"O FIRE HYDRANT W O WATER MAIN MANHOLE All concentrations are mg/kg
ss O STORM SEWER MANHOLE ND = Not Detected (detection
---------OVERHEAD POWER LINE limit is 0.002 mg/kg)
—WATER LINE Concentrations in BOLD exceed
Soil Objective
---GAS UNE ■-- - — 35 UIC 742 (TACO) Table A Tier
STORM SEWER LINE 1 Soil Remediation Objectives for
Residential Properties. Value is
Derived from the Soil Component
-———- SANITARY SEWER UNE of the Groundwater Ingestion
0 25 ft. Exposure Route Values for Class
1 • 1 I Groundwater.
SCALE
FIGURE 1 :SOIL QUALITY RESULTS, LUST INCIDENT #901374, ELGIN, ILLINOIS
(December 1995 and June 1996)
035935696
.....- . =mi.. v■•■ vs/ma wow. maw inew swam Ems OWN MIK my gm gm mit en OM el• .
MW-2 10/24/00 4/19/01 7/20/01 12/7/01 2/20/02
B ND 0.001 ND 0.001 ND(0.001 ND(0.001 N0(0.01
T ND 0.001 ND 0.001 NO(0.0013 ND(0.001 ND(0.013
E ND 0.001 ND 0.001 ND 0.001 ND 0.001 ND 0.001
X NO 0.003 ND 0.003 ND 0.003 ND 0.001 ND 0.01
DRIVEWAY 1 `
RESIDENCE MW-3 10/24/00 4/19/01 7/20/01 12/7/01 2/20/02
B NO(0.001 0.028 0.0014 ND(0.001 0.003
T ND(0.001 ND(0.01) ND(0.001) ND(0.0013 NO(0.001) -
E N0 0.001 0.018 ND 0.001 ND 0.001 ND((0.013
X NO 0.003 ND(0.003) ND 0.003 ND 0.001 ND 0.001
•
MW-1 10/24/00 4/19/01 7/20/01 12/7/01 2/20/02 1�
B NI 0.001 ND 0.001 ND 0.001 ND 0.001 ND 0.001 MW-1 g
D 0.001 ND 0.001 ND 0.001 ND 0.001
X ND 0.003 ND 0.0035 ND 0.0035 ND 0.001 5 ND 0.001 j • GRAVEL-r.
c~ CONCRETE
I BABY DOdR
(ASPHALT.t APPROXIMATE LIMIT
w OF FORMER UST
EXCAVATION
TRUCK GARAGE U IT OF
APPROXIMATE LOCATION GATE HALT
OF FORMER UST PA MENT
GP-1 BH-1 4 16 99 4 19 01 is
A S BMW-2
E 35 390 SADLER AVENUE A GP-1/BH-1 X 17 13
96EWALi( b.WGMLK
SADLER AVENUE (ASPHALT PAVEMENT) - _
....„....- MW-4 10/24/00 4/19/01 7/20/01 12/7/01 2/20/02 MW-3
0 40 ft. 8 ND€€0.001 ND 0.001 NO 0.001 ND 0.001 ND€€0.002 MW-4A
•0.001 ND 0.001 ND 0.001 ND E ND
SCALE 0.001 ND' X NO 0.003 ND(0.003) ND 0.0035 N0 0.001) ND(0.02)
FIGURE 2 :GROUNDWATER QUALITY RESULTS WITHIN AND IMMEDIATELY UPGRADIENT^°"M '^`_ Qwn. 9R ROAD
RIGHT OF WAY, LUST INCIDENT#901374, ELGIN, ILLINOIS 036780W0
I
-
ARTIE'S TOWING
6,30 OLNE MMERCAL T 1
CO I COMMERCIAL
PARKING AREAS. PROPERTY(T) PROPERTY
UST VENT
EXPLANATION
MW:R MONITORING WELL
00 WATER MAIN MANHOLE
• mo STORM SEWER MANHOLE
°o SANITARY SEWER MANHOLE
DRIVEWAY
RESIDENCE MHO OTHER MANHOLE LOCATION
(TYPE UNKNOWN)
• PPO POWER POLE LOCATION
^RO FIRE HYDRANT j
----------- OVERHEAD POWER LINE
-- — WATER LINE
is -- GAS LINE
MW-1
r-GRAVELS ` -__ STORM SEWER LINE
• -- SANITARY SEWER LINE _
iI CONCRETE- , o. DOoA SS� I — --— RIGHT OF WAY (ROW)1 i
y .r'� Tl i".`�\ ���� AREA TO BE INCLUDED IN HAA
E APPROXIMATE FORMER UMR�rt ,
�EXCAVATION� I I •
TRUCK GARAGE I I ` UNIT OF
I GET ASPHALT
APPROXIMATE LOCATION �K"T' -T� PAVEMENT VACANT
OF FORMER UST LJ / \ I PROPERTY •
UNIT OF ASPHALT
PATCH FROM ,( J ASPHALT-r`• M•Z .
_—_ _390-SADCER AVENGE —EXCAVATION _
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TRAILER PARK COMMERCIAL PROPERTY JSt SADIER (TRUCK ENTENANCE DEBRIS
SCHROEDER SIGNS AVENUE
CCisss
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FIGURE 3:SITE PLAN AND VICINITY SHOWING PROPERTY INCLUDED IN THE HIGHWAY AUTHORITY AGREEMENT,LUST INCIDENT#901374,ELGIN,ILLINOIS
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Table 1)-1:Input Parameters for IEPA Tiered Approach to Corrective Action Objectives(TACO),Former Safety Kleen Systems,Inc.Truck Garage,Elgin,Illinois(Groundwater).
Aquifer Source Width Perpendicular to Source Width Perpendicular to Distance along the Centerline First Order Source
Hydraulic Hydraulic Groundwater Flow Direction in Groundwater Flow Direction In of the Groundwater Plume Degradation Total Soil Constituent
Scenario Constituent Gradient Conductivity Vertical Plane Horizontal Plane EnenaUng from a Source Constant Porosity Conc.
I K Sd S_ X ? f}r Cx
(«Nan) (avid) (cm) (cm) (cm) (d'') 00/mew) (mgt)
1.1999 Tler II-MW-3 to POC Benzene 0.0022 95.04 199.95 914.4 2286 0.0009 0.32 0.16
2.New Data-MW-3 to POC(E edge ROW) Benzene 0.00088 95.04 199.95 914.4 1085.75 0.0009 0.32 0.1
3.New Data-BH-1 to POC(E edge ROW) Benzene 0.00088 95.04 199.95 914.4 2375 0.0009 0.32 3.1
NOTE:Spreadsheets are formatted per Equation R26 in 35 IAC 742 Appendix C.Cx Is Output.Corrective Action Objectives calculated by varying Cs and matching Cx with IEPA Class I Groundwater Standard for benzene
Page 1 of 1
h:\projects\s-k\eigin\drafts\etg taco3.xlsTable BINPUT -
Table 0-2:Tier 3 TACO Calculation Results(Groundwater;Equation R26),Former Safety-Kleen Systems,Inc.Truck Garage,Elgin,Ilinois. .
.Source
Constituent Steady State Attenuation Distance along the Centerline First Order
Concentration Along the Centerline of a Longitudinal Transverse Vertical Specific of the Groundwater Plume Degradation
Scenario Constituent (Cx) Dissolved Plume Dispersivity Dispersivity Dispersivity Discharge Emanating from a Source Constant
Cp,/C......(R15) a.„(R16) a„(R17) a.(R18) U(R19) X x
(cm .r./cm%a) (cm) (cm) (cm) ( day) (cm) (d'r)
1.1999 Tier II-MW-3 to POC Benzene 0.16 0.028044231 228.6 76.2 11.43 0.8534 2288 0.0009
2.New Data-MW-3 to POC(E edge ROW) Benzene 0.1 0.048847372 106.575 35.525 5.32875 0.26138 1085.75 0.0009
3.New Data-BH-1 to POC(E edge ROW) Benzene 3.1 0.001576 237.5 79.16666667 11.875 0.26136 2375 0.0009
NOTE:Spreadsheets are formatted per Equation R26 M 35 IAC 742 Appendix C.Cx is Output.
Corrective Action Objectives calculated by varying Cs and matching Cx with EPA Class I Groundwater Standard for benzene
h.\pryecu4-xbpi p ra�.xu Page 1 of 2
.s ..v<,., wr,,...,.,✓ .�+-..-..,,.3 t::+,...».,f �+.•,.� Ywl.s...-Sw/ d.+.v:R-�vbM '�+�Y.� wut...sKii� i.rw�yr�H7
Table 0-2:Tier 3 TACO Calculation Results(Groundwater,Equation R26),Former Safety-Kleen Systems,Inc.Truck Garage,Elgin,llinols. -
Source Width Source Width
Perpendicular to Perpendicular to Tier 1
Groundwater Flow Groundwater Flow Predicted Groundwater
Direction in Direction in Aquifer Hydraulic Hydraulic Total Soil Constituent Remedlatlon
Scenario Constituent Horizontal Plane Vertical Plane Conductivity Gradient Porosity Conc Objective
S. S, K I OT Cx Class I
(cm) (cm) (cm/d) (cm/cm) (cm3/cm'..r) (mg/-) (mg/L)
1.1999 Tier II-MW-3 to POC Benzene 914.4 199.95 95.04 0.0022 0.32 0.0045 0.005
2.New Data-MW-3 to POC(E edge ROW) Benzene 914.4 199.95 95.04 0.00088 0.32 0.0049 0.005
3.New Data-BH-1 to POC(E edge ROW) Benzene 914.4 199.95 95.04 0.00088 0.32 0.0049 0.005
h prolecau-kklglnw35-a02kq tsco3.xis Page 2 of 2
•
Table 0-3:Formulas Used in Table 0-2,Tier 3 TACO Evaluation for Groundwater,Former Safety-Kleen Systems,Inc.Truck Garage,Elgin,Illinois
Distance along the Centerline of
Source Constituent Longitudinal Transverse Vertical ere Groundwater Plume
Scenario Constituent Concentration(Ca) Steady Stale Attenuation Along the Centerline of a Dissolved Plume Dlspersivlty Dlspershty Dlsp.rsMty Specific Discharge Emanating horn a Source
Cot/C....(R18) a.0116) 0.(R17) a.(R18) U(R19) X
(txn',..../an'..) (cm) (cm) (cm) (cm/day) (cm)
•Table BINPUT1A7 -Table BINPUTIB7 rrab4.BINPUTIJ7 •EXP((I8/(YE8)r(1S aRT(1+(4•J8•Eey1B))rERF(K8/(4•SmiT(FB•18))rERF(L8/(rSORT(G8•IS))) ■0.118 •E8/3 -E8/20 4MMN8/08 .Table BINPUTIG7
•Table BINPUT1A 10•Table BINPUTIBIO •Table BINPUTIJI0 •EXP((111/(2•E11)r(1S ORT(1•(4•J11•E11)/N11))rERP(K11/(4•SORT(F11.111))YERF(L11/(2•SORT(GI 1.111))) •0.1.111 •El 1/3 •El 1/20 •M11•N11/011 -Table BINPUTIGIO
.Table BINPUTIAI I•Table BINPUTIBI I •Table BINPUTIJII •EXP(0 12/(2•E12)r(1S 0RT(1a(4•J12•E12)/n12))rERF(K12/(4•SORT(F12.112))rERF¢12/(2BoRT(012112))) •0.1112 •E12/3 •E12120 •M12•N12/012 •Table BINPUTIGI1
•
h:tprojecte\s-k\elginW35-002\etg taco3.XIsFOrmulae
Table 0-3:Formulas Used In Table 0-2,Tier 3 TACO Evaluation for Groundwater,Former Safety-Kleen Systems,Inc.Truck Garage,Elgin,Illinois
•
r
Source width Perpendicular b SOMA Width Perpendicular to Tier 1 Groundwater
First Order Degradation Gmundwetw Flow Direction In Groundwater Flow Direction In Aquifer Hydraulic Remediadon
Constant Horizontal Plane Vertical Plane Conductivity Hydraulic Gradient Total Soil Porosity Predicted Constituent Cone Oblectiva
X G. Se K I 07 Cx Gass I
(d'') (cm) (cm) (cm/d) (aMcm) (cm'Icm'„r) (mall) (malt.)
•Tabu BINPUTIH7 *Table BINPUTIF7 •Table BINPUTIE7 clads BINPUTID7 =Table BINPUTIC7 =Table BINPUT117 -Table BINPUTIJ7'Da 0.005
*Table BINPUT11110 •Table SINPUT1F10 •Table BINPUTrE10 •Tabs BINPUT1D10 -Table BINPUTICIO •Table BINPUTIIIO •Table BINPUTIJIO'D11 0.005
-Tabs BINPUTIHII •Tabs BINPUTIF/1 viable SINPU71E11 -Table BINPUTID1 I -Table BINPUTICII =Tinge BINPUTI1 11 -fable BINPUTIJII•D12 0.005
h:\projecta4-I elgira035.00 etg taco3.xlsFormulas
EXHIBIT B
That part of Sadler Avenue lying between the North and South lines of Anderson
Avenue extended Easterly, in Lyndale Park Addition, in the City of Elgin, Cook County,
Illinois.
9
- -- * -
r •
., OFF
" cr:
r .- , City of Elgin
Agenda Item No.
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E _
L
J
II
anuary 17, 2003 1+ %I
1
N
TO: Mayor and Members of the City Council
ECONOMIC GROWTH
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 at 390 Sadler Avenue
PURPOSE
The purpose of this memorandum is to provide the Mayor and Mem-
bers of the City Council with information regarding a proposed
"Highway Authority Agreement" (attached) that limits access to
potentially contaminated soil or ground water located in the
( public right-of-way in the vicinity of 390 Sadler Avenue.
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 sub-
stances, pesticides, or petroleum. Once a site owner has com-
pleted 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 U.S. EPA have a formal agreement whereby the federal govern-
ment 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 in-
tended use of the redeveloped site, the potential for exposure
to contaminants, and actual site conditions. By example, the
/� cleanup objectives for a park or residential development would
C
Highway Authority Agreement
January 17, 2003
Page 2
be different 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 pre-
sent 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 Correc-
tive Action Objectives (TACO) (35 Ill Adm Code 742) . In the
first tier of analysis, a site owner, with help from an environ-
mental consultant and the IEPA, compares sampling results to ta-
r bles 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 analy-
sis, takes site-specific options into account. The tier of
analysis an owner uses depends both on the complexity of the en-
vironmental concerns and the cost of obtaining various levels of
information about the site.
Benefits of Supporting Risk-Based Site Cleanups
The City recognizes that developers and end-users that purchase
brownfield properties want the release from liability that is
provided by the NFR. As a protector of human health and the en-
vironment, 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 mar-
ketplace. For these reasons, the City is proposing the estab-
lishment of two "institutional controls" for contaminated prop-
erties allowed under the TACO guidelines—a model "Highway Au-
thority Agreement" and an attendant ordinance restricting
Highway Authority Agreement
January 17, 2003
Page 3
groundwater use in the area governed by the Highway Authority
Agreement .
Highway Authority Agreement
"Highway Authority Agreements" (also known as a "right-of-way
agreements") are entered into by the site owner/SRP applicant
and the City. 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 City 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 the City's Highway Authority Agree-
ment is codified at 35 Ill Adm Code 742 .1020. )
Under the proposed Highway Authority Agreement, the site owner
will pay the City $2500 . 00 for entering into the agreement . The
fee is designed to offset the City' s costs for reviewing and ad-
ministering the Highway Authority Agreement. Should the City
ever fail to limit access to the contaminated area in accordance
with the agreement, its liability is expressly limited to
$2500. 00 in damages. The Highway Authority Agreement does not
prohibit the City from constructing, reconstructing, improving,
repairing, or maintaining and operating the right-of-way. And 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.
Groundwater Ordinance
To limit the potential for persons to be exposed to contaminants
by ingesting groundwater, an ordinance prohibiting the installa-
tion of any new potable water supply wells within the right-of-
way described in the Highway Authority Agreement is required.
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 "in-
stitutional control" under the IEPA's TACO guidelines to ensure
groundwater contamination is not a potential source of exposure
eft to the public. Site owners enrolled in the SRP, however, must
Y '
f
3
4 rik Highway Authority Agreement
January 17, 2003
Page 4
still test and report groundwater impacts from their site in or-
der to obtain an NFR letter. The City's adoption of a groundwa-
ter ordinance prohibiting the installation of any new potable
water supply wells within the right-of-way described in the
Highway Authority Agreement will not occur until the IEPA issues
formal approval to the executed Highway Authority Agreement.
Right-of-Way Requiring Highway Authority Agreement
The property commonly known as 390 Sadler Avenue is the site of
a former Safety-Kleen maintenance garage and the property has
enrolled in the IEPA' s SRP. Robert Schroeder and Jim Schroeder
are the owners of 390 Sadler Avenue, and Safety-Kleen Systems,
Inc. is the site' s operator. Each party will be executing the
proposed Highway Authority Agreement .
During the site investigation, soil and groundwater contamina-
tion was detected on the property and appears to extend beneath
the City' s right-of-way at Sadler Avenue. Groundwater modeling
r has also shown the potential for the migration of contaminants
in the Anderson Avenue right-of-way. The IEPA has reviewed the
site data and is requesting that the property owner enter into a
Highway Authority Agreement with the City. Under the terms of
the agreement (as described above) , the City agrees to prohibit
the use of contaminated groundwater as a potable or domestic wa-
ter supply and to limit access to the contaminated soil in the
identified right-of-ways. In the event the City is required to
dispose of contaminated soil or groundwater from the portion of
the right-of-way identified within the agreement, the owner will
reimburse the City for its reasonable costs incurred with such
remediation.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
YA-
FINANCIAL IMPACT
The fee paid to the City for entering into the Highway Authority
Agreement is $2500. 00 which will be deposited in the General
Fund, account number 010-0000-532 .07-00 .
r
Highway Authority Agreement
January 17, 2003
Page 5
vati/iEGAL IMPACT
None.
ALTERNATIVES
1. Entering into the proposed Highway Authority Agreement as
drafted.
2 . Entering into the proposed Highway Authority Agreement upon
the property owner making payment to the City in an amount
greater or less than $2500.00.
3 . Decline to enter into the proposed Highway Authority Agree-
ment with the property owner.
RECOMMENDATION
r It is recommended that the City Council enter into the proposed
Highway Authority Agreement as drafted.
Respectfully submitted,
OALN
Olufemi •Larin •
Int- im • - ager
RGK/rgk
Attachment
r