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16-129 Resolution No. 16-129 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY AUTHORITY AGREEMENT AND A SUPPLEMENTAL AGREEMENT WITH THE BOARD OF EDUCATION OF SCHOOL DISTRICT U-46, KANE, COOK AND DUPAGE COUNTIES, ILLINOIS, REGARDING CORRECTIVE ACTION PLAN FOR THE ENVIRONMENTAL REMEDIATION FOR PROPERTY LOCATED AT 647 LAUREL STREET, ELGIN, ILLINOIS (Illinois Emergency Management Agency Incident Number 982142) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Highway Authority Agreement and a Supplemental Agreement on behalf of the City of Elgin with the Board of Education of School District U-46, Kane, Cook and DuPage Counties, Illinois regarding corrective action plan for the environmental remediation for property located at 647 Laurel Street, Elgin, Illinois (Illinois Emergency Management Agency Incident Number 982142), copies of which are attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: October 12, 2016 Passed October 12, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 12, 2016 Published: October 13, 2016 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk HIGHWAY AUTHORITY AGREEMENT This Agreement is entered into this 12th day of October , 2016 pursuant to 35 III. Adm. Code 742.1020 by and between the Board of Education of School District U-46, Kane, Cook and DuPage Counties, Illinois ("Owner/Operator") and the City of Elgin ("I Iighway Authority"), collectively known as the"Parties." WHEREAS, School District U-46 is the owner or operator of one or more leaking underground storage tanks formerly located at the Grounds Facility, 647 Laurel Street, Elgin, Illinois("the Site"); WHEREAS, as a result of one or more releases of contaminants from the above referenced underground storage tank ("the Release"), soil and/or groundwater contamination at the Site exceeds the Tier 1 residential remediation objectives of 35 III. Adm. Code 742; WHEREAS, the soil and/or groundwater contamination exceeding Tier 1 residential remediation objectives extends or may extend into the Highway Authority's right-of-way; WHEREAS, the Owner/Operator is conducting corrective action in response to the Release(s); WHEREAS, the Parties desire to prevent groundwater beneath the Highway Authority's right-of-way that exceeds Tier 1 remediation objectives from use as a supply of potable or domestic water and to limit access to soil and groundwater within the right- of-way that exceeds Tier 1 residential remediation objectives so that human health and the environment are protected during and after any access; NOW, THEREFORE, the Parties agree as follows: I. The recitals set forth above are incorporated by reference as if fully set forth herein. 2. The Illinois Emergency Management Agency ("IEMA") has assigned incident numbers 982142 to the Release. 3. Attached as Exhibit A is a scaled map prepared by the Owner/Operator that shows the Site and surrounding area and delineates the current and estimated future extent of soil and groundwater contamination above the applicable Tier 1 residential remediation objectives as a result of the Release. 4. Attached as Exhibit B are tables prepared by the Owner/Operator that lists each contaminant of concern that exceeds its Tier I residential remediation objective, its Tier 1 residential remediation objective and its concentrations within the zone where Tier 1 residential remediation objectives are exceeded. The locations of the concentrations listed in Exhibit B are identified on the map in Exhibit A. 5. Attached as Exhibit C is a scaled map prepared by the Owner/Operator showing the area of the Highway Authority right-of-way that is governed by this agreement ("Right-of-Way"). Because Exhibit C is not a surveyed plat, the Right- of-Way boundary may be an approximation of the actual Right-of-Way lines. 6. The Highway Authority stipulates they have jurisdiction over the Right- of-Way that gives it sole control over the use of the groundwater and access to the soil and groundwater located within or beneath the Right-of-Way. 7. The Highway Authority agrees to prohibit within the Right-of-Way all potable and domestic uses of groundwater exceeding Tier 1 residential remediation objectives. 8. The Highway Authority further agrees to limit access by itself and others to soil and groundwater within the Right-of-Way exceeding Tier 1 residential remediation objectives. Access shall be allowed only if human health (including worker safety) and the environment are protected during and after any access. The Highway Authority may construct, reconstruct, improve, repair, maintain and operate a highway upon the Right-of-Way, or allow others to do the same by permit. In addition, the Highway Authority and others using or working in the Right-of-Way under permit have the right to remove soil or groundwater from the Right-of-Way and dispose of the same in accordance with applicable environmental laws and regulations. The Highway Authority agrees to issue all permits for work in the Right-of-Way, and make all existing permits for work in the Right-of-Way, subject to the following or a substantially similar condition: As a condition of this permit the permittee shall request the office issuing this permit to identify sites in the Right-of-Way where a Highway Authority Agreement governs access to soil and groundwater that exceeds the Tier 1 residential remediation objectives of 35 III. Adm. Code 742. The permittee shall take all measures necessary to protect human health (including worker safety) and the environment during and after any access to such soil. 9. This agreement shall be referenced in the Illinois Environmental Protection Agency's ( IEPA") no further remediation determination issued for the Releases. 10. The Agency shall be notified of any transfer of jurisdiction over the Right-of-Way at least 30 days prior to the date the transfer takes effect. This agreement shall be null and void upon the transfer unless the transferee agrees to be bound by this agreement as if the transferee were an original party to this agreement. The transferee's agreement to be bound by the terms of this agreement shall be memorialized at the time of transfer in a writing ("Rider") that references this Highway Authority Agreement and is signed by the Highway Authorities, or subsequent transferor, and the transferee. 1 1. This agreement shall become effective on the date the Agency issues a no further remediation determination for the Releases. It shall remain effective until the Right-of-Way is demonstrated to be suitable for unrestricted use and the Agency issues a new no further remediation determination to reflect there is no longer a need for this agreement, or until the agreement is otherwise terminated or voided. 12. In addition to any other remedies that may be available, the Agency may bring suit to enforce the terms of this agreement or may, in its sole discretion, declare this agreement null and void if any of the Parties or any transferee violates any term of this agreement. The Parties or transferee shall be notified in writing of any such declaration. 13. This agreement shall be null and void if a court of competent jurisdiction strikes down any part or provision of the agreement. 14. This agreement supersedes any prior written or oral agreements or understandings between the Parties on the subject matter addressed herein. It may be altered, modified or amended only upon the written consent and agreement of the Parties. 15. Any notices or other correspondence regarding this agreement shall be sent to the Parties at following addresses: Mrs. Suzanne Boring School District U-46 Division of Remediation Management Plant Operations Bureau of Land 1460 Sheldon Drive Illinois Environmental Protection Agency Elgin, IL 60120-8131 P.O. Box 19276 Springfield, IL 62974-9276 With Copy to: City of Elgin School District U-46 150 Dexter Court General Counsel Elgin, IL 60120 355 E. Chicago Street Attn: City Manager Elgin, IL 60120 With Copy to: City of Elgin 150 Dexter Court Elgin, IL 60120 Attn: Corporation Counsel IN WITNESS WHEREOF, the Parties have caused this agreement to be signed by their duly authorized representatives. City of EI:• / Date: October 12, 2016 By: �� /e /Go Davi. J. r.to its: Mayor Attest: I -. .ty e Board of Education of School District U-46, Kane, Cook and DuPage Counties, IL Date: ij' By: G t 1 Of e r c � .) o. •4-. Title �f . RESIDENTIAL e-2" r i i { .... ... 1 - - •,L. 1/ - - - � - r/^ - - --- - •. .■T - 2 zz /�B- e le-04 . 2 B D � 2 0 s LAUREL STREETI(-WO-LANE C1'Ye CIWNFR) e 616,4 I I -B o 9 ria s 5, 1 s I - 1 i tB o zRr (B G 07..; {{ •• E. 'S. x x 577 $NAw.0 - 4 6' -. i3lo[w.0 CP r -10 419-9 I8 c 2131 * a. J... PROPERTY LINE ' y ' i 6 B.Bi 11-24/ _ .. wi: �1 P wj ` { V A 4iMW 7 S p'1 YW-E Mw . I S I5 7' 44-7 B. 057.. '� - 1.. B- B.13 1 2 L 25 5 1 CP 1 , oo-uuc 7 CP S[ i I07 'Lx :200 wo.w[.1. E:aza -mac- ti N 9-2 272 2 ww 1 GRASS/BASEBALL /a 27 0 $B N5-23/7 8'5 r v[NT■ 13-0 w 3 - FIELD 5-7' rH[0 g 1 i n O (School 1st, o•r., 15 65 J Gi.DE r 'B 2 a La I 16 U-46 property) I" - - 1 __ 8-27 ' 1 0 7 7l� * Q H - `T 8 00828; 4K�_64�j 2 / LEGEND 5 7 U I .ow 6.+.o QL1 + SOIL BORING SLOPE PAVED 'uM.. 7 I CP J , 1 Q -- SOIL BORING/MONITORING WELL PARKING ♦ T� _ I d 1 ;I y L0. 2 O S 1n BUS "w' .1 Y 3 OVERHEAD UTILTY JNES GARAGE c3ANn @ ST 1 x -NATURAL GAS ,.NE cc 1 2 11. *AA-WATER LINE I 1 I .. 8-I6 ESTIMATED E%TENT OF SOIL CONTAMINATION I 1 IA80YE TIER I RO's(CUSS I) T►T MW-5 2 (CLEAN POINT TO CLEAN PONT) 1� ._ CP i 1 CP CLEAN POINT(BELOW TIER 1 RO'S) 0EPT4 OF SOIL SANPII CONTAMNANTS ABOVE TIER I 8 1 RO'.IN PARTS-PER-NMWO.CONCENTRATIONS B: BENZENE T: TOLUENE I 1 E ETHYLBENZENE X. TOTAL XYLENES L TOTAL LEAD 2 I SCALE 1•=30' EXHIBIT A-1 PROJECT NO: 4-51030/12-G552 -= GEO CO N ESTIMATED MEASURED EXTENT OF SOIL CONTAMINATION ABOVE TIER 1 ROB SCHOOL DISTRICT U-46 GROUNDS FACILITY DATE: 07-03-14 �` ,,... 647 LAUREL STREET ELGIN,KANE COUNTY,ILLINOIS 12-G552_2-FIG-A-1 - RESIDENTIAL t. i • _r ttt1rr V r T IG w� w r --.r w n % _/ rrl. 16,22 ; `, '. 4 ,� _2 8-20 # LAUREL STREETI(TWO-LANE CITY-OWNED) i 1CP(��1 --MEASURED L o 12(2012)1 i '1 — —7 wA? ?19. 1.o.— — —o—von�—too. — w— —w./...a— _-s --/...�. >,1..,, 'w� PROPERTY LINE E. 00 ( 2012) +B-. �'L'=10 8-9 �RDLw.A. t I1. 001 (2000 4 $ h F. ,...i> _ a/ 11-6/i�19 fir^ MODELED W f 0 (2012) I 11-24/ M" 1..0 009 ( 20051 YYV_3 ■FS OP (200') 2 0 e-' 0 013 (2012)( ', 3062 (2012)' " N4.A. - 1 :I're0--- 1 ,I. 0025 (201x)1 IM D.DAO-GA..o. I vc.trc ' 0854(200)) i $ � . a 015(zao7) i GRASS/BASEBALL FIELD AIW 37 tAtw-I(2007)I 7. 1�, i 22 B- (School Dist, U-45 property) I e: 00rea, cr g_n a . 00116(2012) i OG31� ca.[ t' : CP(20'2) LEGENQ -0 `} 1 T 1", + SOL_BORING <::$_122 -- 1 i ' SOIL ROBING/NONrTORiNG WELL fit.D.NZ .1, SCOt HOT nr/TFNPORAR, ■ONITORIN, WELL SLOPE PAVED W s5.' w 1�' PAROING 1/ Q x OVERHEAD UTIL'tt L.NES LOT .1 Z S o_ v 3 E n NATURAL,GAS NI BUS Ye .I i Z O (.2 —-o—WATER LINE GARAGE lr'le i 0I >>- 1 Y la Y i �C3 L< o$I. xt:4.0.1 a ■u, .t., 6 W ~..I at 4Orn, I,. O I 1 ? -J 1 E71W7[D QA91R4'V E(ION IS 0110000 FORMER i — I r--I023011 LOOT ABOVE/NR I R0.Out 10 FORMER _— GASOLINE LUST OTHER LEAD SOJRCES NOT INCLUDED 1 O i B-16/ I 3 07TW110 ra0W8 OW a aarowutr VW-5 i I ICONBAWNA1011 .ENttDE Al 1.-a N "` F'-t 1 CP CLEAN POINT(BELOW TIER I RO'S) J 1 i a012CWIIQ CDNIAYWrt CmKt8TUU0NS ABOVE TRA 1 RO'.IN PARTS-PER-NIWON 1 1 (2007 AND 20121 R. BENZENE LEAD I 1 SOURCE WIOTH FFRPENDICDIAR TO GROUNDWATER S. FLOW IN HORIZONTAL PLANE IN FFEI Sr=122' 1 1 (DEAN POINT NW-2 TO DEAN POINT TNW-141 SCALE••-30' EXHIBIT A-2 PROJECT NO: 4-51030/12-G552 ..0441410, GEOc0N ESTIMATED MEASURED DDISTRICT U-46 GROUNDWATER OUNDS CONTAMINATOR IUT 1 RN DATE: 07-03-14 647 LAUREL STREET ELGIN,KANE COUNTY,ILLINOIS 12-0532_2-FIG-A-2 EXHIBIT B SITE: ' School District U-46 Grounds Facility SAMPLE DATE: 1012712006,03/13/2007&04104/2007 647 Laurel Street LAB: FIRST ENVIRONMENTAL LABS,INC. Elgin, Illinois MATRIX: SOIL GEOCON PROJECT NUMBER: 4-51030112-G552 IEMA Incident No. 982142 TIER 1 EXPOSURE ROUTE-SPECIFIC VALUES FOR SOIL IN PPM SOIL COMPONENT OF INDUSTRIAL/COMMERCIAL PROPERTY USE GROUNDWATER INGESTION FOR RESIDENTIAL AND DL RESIDENTIAL PROPERTY INDUSTRIAL/ INDUSTRIAL/COMMERCIAL USE COMMERCIAL CONSTRUCTION WORKER PROPERTY USE SAMPLE ID AND DEPTH(IN FEET) ANALYTE TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO B1 B2 B3 B4 (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (CLASS I (CLASS II s.-T, T 4 5'-7' 3'-5' BTEX INHALATION) INHALATION) INHALATION) GROUNDWATER) GROUNDWATER) BENZENE 12 0.8 100 1.6 2,300 2.2 0.03 0.17 3.1 <0.030 ND 0.292 0.0020 ETHYLBENZENE 7,800 400 200.000 400 20,000 58 13 19 42.4 0.322 ND 3.29 0 0050 TOLUENE 16.000 650 410.000 650 410,000 42 12 29 107 0.0943 0.0055 0.385 0 0050 XYLENES(TOTAL) 160,000 320 410,000 320 41,000 5.6 150 150 272 2.210 _ 0.0059 21.10 0.0050 B5 B6 B7 B8 BTEX 3'4' s'-r 4'-' 6'-8' BENZENE 12 0.8 100 1.6 2,300 2.2 0.03 0.17 0.0788 ND 0.574 2.490 0.0020 ETHYLBENZENE 7.800 400 200,000 400 20,000 58 13 19 0.624 10.10 28.50 58.8 0.0050 TOLUENE 16,000 650 410,000 650 410,000 42 12 29 0.0482 3.780 1.02 107 0.0050 XYLENES(TOTAL) 160.000 320 410,000 320 41,000 5.6 150 150 2.760 65.10 128.0 269 0.0050 TABLE NOTES: ALL RESULTS ARE EXPRESSED IN PARTS PER MILLION(mg/kg)CONCENTRATIONS SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA's TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO) REGULATIONS-35 IAC 742 APPENDIX B-TABLES A AND B AS AMENDED ON MAY 16,2013 THE MOST STRINGENT TIER 1 RO OF ALL EXPOSURE ROUTES WHEN CONSIDERING CLASS I GROUNDWATER FOR THE SOIL COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD SAMPLE CONCENTRATIONS LISTED IN BOLD EXCEED THE TIER 1 RO RO:IEPA TIER 1 REMEDIATION OBJECTIVE DL.DETECTION LIMIT ND ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY BTEX ANALYSIS PERFORMED PER USEPA SW-846 METHOD 5035A/8260B EXHIBIT B SITE: School District U-46 Grounds Facility SAMPLE DATE: 10/2712006,03113/2007&04/04/2007 647 Laurel Street LAB: FIRST ENVIRONMENTAL LABS, INC. Elgin,Illinois MATRIX: SOIL GEOCON PROJECT NUMBER: 4-51030/12-G552 IEMA Incident No. 982142 TIER 1 EXPOSURE ROUTE-SPECIFIC VALUES FOR SOIL IN PPM RESIDENTIAL PROPERTY INDUSTRIAL/COMMERCIAL PROPERTY USE SOIL COMPONENT OF - USE INDUS TRIAD CONSTRUCTION WORKER GROUNDWATER INGESTION SAMPLE ID AND DEPTH(1N FEET) DL ANALYTE TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER i RO TIER 1 RO TIER 1 RO B9 B10 B11 B12 BTEX (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (CLASS I (CLASS II 4'4' 8'-a• 6' ' 4'6' INHALATION) INHALATION) INHALATION) GROUNDWATER) GROUNDWATER) ■ ■ BENZENE 12 0.8 100 1.6 2,300 2.2 0.03 0.17 0.213 0.716 0.0035 NO 0.0020 ETHYLBENZENE 7,800 400 200,000 400 20.000 58 13 19 4.880 15.4 ND ND 0.0050 TOLUENE 16.000 ' 650 410,000 650 410,000 42 12 29 0.243 1.020 0.006 ND 0.0050 XYLENES(TOTAL) 160,000 320 , 410.000 320 41.000 5.6 150 150 . 7.260 57.7 0.0064 ND , 0.0050 B12 B12 B13 B14 BTEX 6'-E' 8'-10' 6'.8' 8'-8' BENZENE 12 0.8 100 1.6 2,300 2.2 0.03 0.17 0.002 0.0102 0.014 0.0769 0.0020 ETHYLBENZENE 7,800 400 200.000 400 20,000 58 13 19 ND ND ND 17.2 0.0050 TOLUENE 16,000 650 410,000 650 410,000 42 12 29 ND 0.0206 0.0213 1,49 0.0050 XYLENES(TOTAL) 160.000 320 410,000 320 41,000 5.6 150 150 ND 0.0155 0.0123 _ 111 0.0050 TABLE NOTES: ALL RESULTS ARE EXPRESSED IN PARTS PER MILLION(mg/kg)CONCENTRATIONS SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA's TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO) REGULATIONS-35 IAC 742 APPENDIX B-TABLES A AND B AS AMENDED ON MAY 16 2013. THE MOST STRINGENT TIER 1 RO OF ALL EXPOSURE ROUTES WHEN CONSIDERING CLASS I GROUNDWATER FOR THE SOIL COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD SAMPLE CONCENTRATIONS LISTED IN BOLD EXCEED THE TIER 1 RO RO:IEPA TIER 1 REMEDIATION OBJECTIVE DL:DETECTION LIMIT ND.ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY BTEX ANALYSIS PERFORMED PER USEPA SW-846 METHOD 5035N82606 EXHIBIT B SITE: School District U-46 Grounds Facility SAMPLE DATE: 10/27/2006,03/13/2007&04/04/2007 647 Laurel Street LAB: FIRST ENVIRONMENTAL LABS,INC. Elgin, Illinois MATRIX: SOIL GEOCON PROJECT NUMBER: 4-51030/12-G552 IEMA Incident No. 982142 TIER 1 EXPOSURE ROUTE-SPECIFIC VALUES FOR SOIL IN PPM RESIDENTIAL PROPERTY INDUSTRIAL/COMMERCIAL PROPERTY USE SOIL COMPONENT OF USE INDUS TRIAL/ CONSTRUCTION WORKER GROUNDWATER INGESTION SAMPLE ID AND DEPTH(IN FEET) DL ANALYTE TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO B15 B16 B16 B16 BTEX (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (CLASS I (CLASS II 5,$, 4'43' 8'•S' S'-10' INHALATION) INHALATION) INHALATION) GROUNDWATER) GROUNDWATER) ■ BENZENE 12 0.8 100 1.6 2,300 2.2 0.03 0.17 0.0029 . 0.0039 0.0029 0.0038 0.0020 ETHYLBENZENE 7,800 400 200,000 400 20.000 58 13 19 ND ND ND ND 0.0050 TOLUENE 16,000 650 410,000 650 410,000 42 12 29 0.0058 0.0079 0.0052 0.0088 0.0050 XYLENES(TOTAL) 160,000 320 410.000 320 41,000 5.6 150 150 ND 0.0064 ND 0.0071_ 0.0050 B17 B18 B19 B19 BTEX 3'-5' 5'-7' 3'-5' 5'-7' BENZENE 12 0.8 100 _ 1.6 2,300 2.2 0.03 0.17 _ND 0.0047 0.0023 - 0.0031 0.0020 ETHYLBENZENE _ 7,800 400 200,000 400 20,000 58 13 19 ND ND ND _ ND 0.0050 TOLUENE 16.000 650 410,000 650 410,000 42 12 29 ND 0.0095 ND 0.0065 0.0050 XYLENES(TOTAL) 160,000 320 410.000 320 41,000 5.8 _ 150 150 ND 0.0080 ND ND 0.0050 TABLE NOTES: ALL RESULTS ARE EXPRESSED IN PARTS PER MILLION(mg/kg)CONCENTRATIONS SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA's TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO) REGULATIONS-35 IAC 742 APPENDIX B-TABLES A AND B AS AMENDED ON MAY 16,2013 THE MOST STRINGENT TIER 1 RO OF ALL EXPOSURE ROUTES WHEN CONSIDERING CLASS I GROUNDWATER FOR THE SOIL COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD SAMPLE CONCENTRATIONS LISTED IN BOLD EXCEED THE TIER 1 RO RO IEPA TIER 1 REMEDIATION OBJECTIVE DL:DETECTION LIMIT ND'.ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY BTEX ANALYSIS PERFORMED PER USEPA SW-846 METHOD 5035A/8260B EXHIBIT B SITE: ' School District U-46 Grounds Facility SAMPLE DATE: 10/27/2006,03/13/2007&04/04/2007 647 Laurel Street LAB:FIRST ENVIRONMENTAL LABS,INC. Elgin,Illinois MATRIX: SOIL GEOCON PROJECT NUMBER: 4-51030/12-G552 IEMA Incident No. 982142 TIER 1 EXPOSURE ROUTE-SPECIFIC VALUES FOR SOIL IN PPM RESIDENTIAL PROPERTY INDUSTRIAL/COMMERCIAL PROPERTY USE SOIL COMPONENT OF USE INDUSTRIAL/ CONSTRUCTION WORKER GROUNDWATER INGESTION DL ANALYTE TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO• TIER 1 RO TIER 1 RO TIER 1 RO B19 B20 B21 (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (CLASS 1 (CLASS 11 �,9. 5'•7' 7'•5' BTEX INHALATION) INHALATION) INHALATION) GROUNDWATER) GROUNDWATER) BENZENE 12 0.8 100 _ 1.6 2,300 2.2 0.03 0.17 0.0031 ND 0.0031 0.0020 ETHYLBENZENE 7,800 400 200,000 400 20,000 58 13 19 ND ND ND 0.0050 TOLUENE 16,000 650 410,000 650 ' 410,000 42 12 29 0.008 ND 0.006 0.0050 XYLENES(TOTAL) 160,000 320 410,000 = 320 _ 41,000 5.6 150 150 0.0058 ND ND 0.0050 B21 B21 B22 BTEX 5'-7' 7'-9' 5.7 BENZENE 12 0.8 100 16 2,300 2.2 0.03 0.17 0.0020 0.0026 ND 0.0020 ETHYLBENZENE 7,800 400 200,000 400 _ 20,000 58 13 19 ND ND ND 0.0050 TOLUENE 16,000 650 410,000 650 410,000 42 12 29 ND 0.0055 ND 0.0050 XYLENES(TOTAL) , 160.000 320 410.000 320 41,000 5.6 150 150 ND ND ND 0.0050 TABLE NOTES: ALL RESULTS ARE EXPRESSED IN PARTS PER MILLION(mg/kg)CONCENTRATIONS SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA's TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO) REGULATIONS-35 IAC 742 APPENDIX B-TABLES A AND B AS AMENDED ON MAY 16,2013. THE MOST STRINGENT TIER 1 RO OF ALL EXPOSURE ROUTES WHEN CONSIDERING CLASS I GROUNDWATER FOR THE SOIL COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD SAMPLE CONCENTRATIONS LISTED IN BOLD EXCEED THE TIER 1 RO RO:IEPA TIER 1 REMEDIATION OBJECTIVE DL DETECTION LIMIT ND ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY BTEX ANALYSIS PERFORMED PER USEPA SW-846 METHOD 5035N82608 EXHIBIT B SITE: School District U-46 Grounds Facility SAMPLE DATE: 6/27/07 647 Laurel Street LAB:FIRST ENVIRONMENTAL LABS,INC. Elgin,Illinois MATRIX: SOIL GEOCON PROJECT NUMBER: 4-51030/12-G552 IEMA incident No. 982142 TIER 1 EXPOSURE ROUTE-SPECIFIC VALUES FOR SOIL IN PPM RESIDENTIAL PROPERTY INDUSTRIAUCOMMERCIAL PROPERTY USE SOIL COMPONENT OF USE INDUSTRIAU CONSTRUCTION WORKER GROUNDWATER INGESTION DL ANALYTE TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO B23 B24 B27 BTEX (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (CLASS I (CLASS II 3'-5' 3'•5' s-r INHALATION) INHALATION) INHALATION) GROUNDWATER) GROUNDWATER) BENZENE 12 0.8 100 1.6 2,300 2.2 0.03 0.17 0.0029 0.0030 0.0828 0.0020 ETHYLBENZENE 7,800 ' 400 200,000 400 20,000 58 13 19 ND ND 0.710 0.0050 TOLUENE 16,000 650 410,000 650 410,000 42 12 29 0.0055 0.0060 0.329 0.0050 XYLENES(TOTAL) 160,000 320 410,000 320 41,000 5.6 150 150 ND ND 1.960 0.0050 TABLE NOTES: ALL RESULTS ARE EXPRESSED IN PARTS PER MILLION(mg/kg)CONCENTRATIONS SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA's TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO) ON MAY 16,2013 iN FEBRUARY 2007 THE MOST STRINGENT TIER 1 RO OF ALL EXPOSURE ROUTES WHEN CONSIDERING CLASS I GROUNDWATER FOR THE SOIL COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD SAMPLE CONCENTRATIONS LISTED IN BOLD EXCEED THE TIER 1 RO RO: IEPA TIER 1 REMEDIATION OBJECTIVE DL:DETECTION LIMIT ND:ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY BTEX ANALYSIS PERFORMED PER USEPA SW-846 METHOD 5035A/8260B EXHIBIT B SITE: School District U-46 Grounds Facility SAMPLE DATE: 11/5/12 647 Laurel Street LAB: FIRST ENVIRONMENTAL LABS,INC. Elgin, Illinois MATRIX: SOIL GEOCON PROJECT NUMBER: 4-51030112-G552 IEMA Incident No. 982142 TIER 1 EXPOSURE ROUTE-SPECIFIC VALUES FOR SOIL IN PPM RESIDENTIAL PROPERTY INDUSTRIAUCOMMERCIAL PROPERTY USE SOIL COMPONENT OF USE INDUSTRIAL/ CONSTRUCTION WORKER GROUNDWATER INGESTION DL ANALYTE TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO B28 B29 B30 B31 BTEX (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (CLASS I (CLASS II 3.-5' 3'-5' 3'•5' 3'-5' INHALATION) INHALATION) INHALATION) GROUNDWATER) GROUNDWATER) BENZENE 12 0.8 100 1.6 2,300 2.2 0.03 0.17 ND ND ND ND 0.0020 ETHYLBENZENE 7.800 400 200,000 400 20,000 58 13 19 ND ND ND ND 0.0050 TOLUENE 16,000 650 410,000 650 410,000 42 12 29 ND ND ND ND 0.0050 XYLENES(TOTAL) 160,000 320 410,000 320 41,000 _ 5.6 150 150 ND ND ND ND 0.0050 TABLE NOTES: ALL RESULTS ARE EXPRESSED IN PARTS PER MILLION(mg/kg)CONCENTRATIONS SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA's TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO) REGULATIONS-35 IAC 742 APPENDIX B-TABLES A AND B AS AMENDED ON MAY 16,2013 THE MOST STRINGENT TIER 1 RO OF ALL EXPOSURE ROUTES WHEN CONSIDERING CLASS I GROUNDWATER FOR THE SOIL COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD SAMPLE CONCENTRATIONS LISTED IN BOLD EXCEED THE TIER 1 RO RO IEPA TIER 1 REMEDIATION OBJECTIVE DL DETECTION LIMIT ND ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY BTEX ANALYSIS PERFORMED PER USEPA SW-846 METHOD 5035A/8260B EXHIBIT B SITE: SCHOOL DISTRICT U-46 GROUNDS FACILITY SAMPLE DATE:10/2712006,03/13/2007&04/04/2007 647 LAUREL STREET LAB:FIRST ENVIRONMENTAL LABORATORIES,INC. ELGIN,ILLINOIS MATRIX:SOIL GEOCON PROJECT NUMBER 4-51030/12-G552 IEMA INCIDENT NO. 982142 INDUSTRIAUCOMMERCIAL PROPERTY pH SPECIFIC SOIL RO RESIDENTIAL PROPERTY TOTAL LEAD FOR LEAD(mg/kg) SAMPLE ID AND DEPTH INTERVAL(IN FEET) ANALYTE INDUSTRIAL/COMMERCIAL CONSTRUCTION WORKER BACKGROUND (SOIL COMPONENT OF DL METHOD CONCENTRATION IN GROUNDWATER TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO KANE COUNTY(mg/kg) INGESTION ROUTE FOR B1 82 B3 B4 85 (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR CLASS I) 5'-7' 7'-9' 5'-7' 3'-5' 3'-5' INHALATION) INHALATION) INHALATION) pH pH 8.75 to 9 0 8 89 4500H+B TOTAL LEAD 400 --- 400 — 400 -- 36 282 25 0 39 8 18 B 70 5 18 1 0 2 30508/60109 TIER I REMEDIATION OBJECTIVES IN mg/L SOIL COMPONENT OF GROUNDWATER INGESTION FOR RESIDENTIAL AND INDUSTRIAUCOMMERCIAL TIER 1 RO TIER 1 RO ��j` (CLASS I GROUNDWATER) (CLASS II GROUNDWATER) �� j%�� (TCLP) SPLP LEAD / %/��/A 0 0075 0.1 ��// � ['// j / a 0.028 0 025 ND 0 053 0 021 0 002 3010A/6010B I TABLE NOTES: ALL RESULTS ARE EXPRESSED IN EITHER PARIS PER MILLION CONCENTRATIONS MILLIGRAMS PER KILOGRAM(m9/1<g)FOR TOTAL METALS AND MILLIGRAMS PER LITER(mg/L)FOR SPLP METALS SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA'S TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO)REGULATIONS-35 IAC 742 APPENDIX B TABLES A AND B,AS AMENDED ON MAY 16,2013 THE MOST STRINGENT T IER 1 HO OF ALL EXPOSURE ROUTES WHEN CONSIDERING RESIDENTIAL PROPERTY USE AND CLASS I GROUNDWATER CONDITIONS FOR THE SOIL COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD(FOR REFERENCE,THE TIER 1 ROs FOR ALL EXPOSURE ROUTES ARE LISTED IN THE TABLE) FOR REFERENCE.CONCENTRATIONS FOR INORGANIC CHEMICALS IN BACKGROUND SOILS AS LISTED IN 35 IAC 742 APPENDIX A-TABLE G ARE PROVIDED IN THE TABLE RO EPA TIER 1 REMEDIATION OBJECTIVE DL DETECTION LIMIT ND ANALYTE NOT DE-I ECT ED ABOVE THE DETECTION LIMIT OF THE LABORATORY --- NO REMEDIA NON OBJECTIVE ESTABLISHED BY THE IEPA FOR THIS CHEMICAL/EXPOSURE ROUTE EXHIBIT B SITE: SCHOOL DISTRICT U-46 GROUNDS FACILITY SAMPLE DATE:10127/2006,03/1312007&04/0412007 647 LAUREL STREET LAB:FIRST ENVIRONMENTAL LABORATORIES,INC. ELGIN,ILLINOIS MATRIX:SOIL GEOCON PROJECT NUMBER 4-51030112-G552 IEMA INCIDENT NO. 982142 INDUSTRIAL/COMMERCIAL PROPERTY F—TOTAL pH SPECIFIC SOIL RO RESIDENTIAL PROPERTY LEAD FOR LEAD(mg/kg) SAMPLE ID AND DEPTH INTERVAL(IN FEET) ANALYTE INDUSTRIAL/COMMERCIAL CONSTRUCTION WORKER BACKGROUND (SOIL COMPONENT OF DL METHOD CONCENTRATION IN GROUNDWATER TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO KANE COUNTY(mg/kg) INGESTION ROUTE FOR B6 B7 B8 B9 B10 (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR CLASS q T-74 a'-s 6'..8* a s V-8' INHALATION) INHALATION) INHALATION) s+- PH 1 D pH 875 to 90 1 4500H+B TOTAL LEAD 400 — 400 -- 400 — 36 1 282 1 20 9 4 7 6 6 6 0 4 4 0.2 3050B/6010B TIER I REMEDIATION OBJECTIVES IN mg/L I° SOIL COMPONENT OF GROUNDWATER INGESTION FOR RESIDENTIAL AND INDUSTRIAL/COMMERCIAL TIER 1 RO TIER 1 RO (CLASS I GROUNDWATER) (CLASS II GROUNDWATER) SPLP LEAD j 0 0075 0 1 / / !///;%/i�//!/��0/l//i2% 0 014 0 011 0.022 0 002 ND 0002 3010A/60106 TABLE NOTES: ALL RESULTS ARE EXPRESSED IN EITHER PARTS PER MILLION CONCENTRATIONS MILLIGRAMS PER KILOGRAM(mg/kg)FOR TOTAL METALS AND MILLIGRAMS PER LITER(mg/L)FOR SPLP METALS SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA'S TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO)REGULATIONS-35 IAC 742 APPENDIX B TABLES A AND 6,AS AMENDED ON MAY 16,2013 THE MOS I STRINGENT TIER 1 ROOF ALL EXPOSURE ROUTES WHEN CONSIDERING RESIDENTIAL PROPERTY USE AND CLASS I GROUNDWATER CONDITIONS FOR THE SOIL COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD(FOR REFERENCE.THE TIER 1 ROs FOR ALL EXPOSURE ROUTES ARE LISTED IN THE TABLE) FOR REFERENCE.CONCENTRATIONS FOR INORGANIC CHEMICALS!N BACKGROUND SOILS AS LISTED IN 35 IAC 742 APPENDIX A-TABLE G ARE PROVIDED IN THE TABLE RO IEPA TIER 1 REMEDIATION OBJECTIVE DL DETECTION LIMIT ND ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY --- NO REMEDIAI ION OBJECTIVE ESTABLISHED BY THE IEPA FOR THIS CHEMICAL/EXPOSURE ROUTE EXHIBIT B SITE: SCHOOL DISTRICT U-46 GROUNDS FACILITY SAMPLE DATE:10/27/2006,03/13/2007&04/04/2007 647 LAUREL STREET LAB:FIRST ENVIRONMENTAL LABORATORIES,INC. ELGIN,ILLINOIS MATRIX:SOIL GEOCON PROJECT NUMBER 4-51030/12-G552 IEMA INCIDENT NO. 982142 INDUSTRIAL/COMMERCIAL PROPERTY pH SPECIFIC SOIL RO RESIDENTIAL PROPERTY TOTAL LEAD FOR LEAD(mg/kg) SAMPLE ID AND DEPTH INTERVAL(IN FEET) INDUSTRIAL/COMMERCIAL CONSTRUCTION WORKER BACKGROUND (SOIL COMPONENT OF DL METHOD ANALYTE CONCENTRATION IN GROUNDWATER TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO KANE COUNTY(mglkg) INGESTION ROUTE FOR 811 B12 812 812 B13 (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR CLASS I) 6'-8' 4-6' 6'-8' 8'-10' 6'-8' INHALATION) INHALATION) INHALATION) pH pH 8 75 to•0 4500H+51 TOTAL LEAD 400 -- 400 — 400 •– 36 282 7.5 20.7 31 5 4 1 3 5 0 2 3050B/6010B TIER I REMEDIATION OBJECTIVES IN mg/L 1— SOIL COMPONENT OF GROUNDWATER INGESTION FOR RESIDENTIAL AND I N DU S T R I AUC OM M E RC I A L TIER 1 RO TIER 1 RO (CLASS I GROUNDWATER) (CLASS II GROUNDWATER) j �Q/� SPLP LEAD !• r.7./7)1 ��/�� 0 0075 0 T ///'/// / j� ///////jj"% 0 006 0 037 0040 ND 0 004 0.002 3010A/6010B TABLE NOTES: ALL RESULTS ARE EXPRESSED IN EITHER PARTS PER MILLION CONCENTRATIONS MILLIGRAMS PER KILOGRAM(mg/kg)FOR TOTAL METALS AND MILLIGRAMS PER LITER(my/L)FOR SPLP METALS SAMPLE RESULT S ARE COMPARED 10 JUL MOS(STRINGENT TIER 1 SOIL RFMEDIATION OBJECTIVES AS LISTED IN THE IEPA'S TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO)REGULATIONS-35 IAC 742 APPENDIX B TABLES A AND B,AS AMENDED ON MAY 16,2013 THE MOST STRINGENT I IER 1 RO OF ALL EXPOSURE ROUT ES WHEN CONSIDERING RESIDENTIAL PROPERTY USE AND CLASS i GROUNDWATER CONDITIONS FOR THE SOIL COMPONENT OF I HE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD(FOR REFERENCE,1HE 1IER 1 ROs FOR ALL EXPOSURE ROUTES ARE LISTED IN THE TABLE) FOR REFERENCE CONCENTRATIONS FOR INORGANIC CHEMICALS IN BACKGROUND SOILS AS LISTED IN 35 IAC 742 APPENDIX A-TABLE G ARE PROVIDED IN THE TABLE RO )EPA TIER 1 REMEDIATION OBJECTIVE DI. DETECTION LIMIT ND ANAL YTF NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY NO REMEDIATION OBJECTIVE ESTABLISHED BY THE IEPA FOR THIS CHEMICAL/EXPOSURE ROUTE EXHIBIT B SITE: SCHOOL DISTRICT U-46 GROUNDS FACILITY SAMPLE DATE:10/27/2006,03/13/2007 8 04/04/2007 647 LAUREL STREET LAB:FIRST ENVIRONMENTAL LABORATORIES,INC. ELGIN,ILLINOIS MATRIX:SOIL GEOCON PROJECT NUMBER 4-51030/12-6552 IEMA INCIDENT NO. 982142 INDUSTRIAUCOMMERCIAL PROPERTY pH SPECIFIC SOIL RO RESIDENTIAL PROPERTY TOTAL LEAD FOR LEAD(mg/kg) SAMPLE ID AND DEPTH INTERVAL(IN FEET) ANALYTE INDUSTRIAUCOMMERCIAL CONSTRUCTION WORKER BACKGROUND (SOIL COMPONENT OF DL METHOD CONCENTRATION IN GROUNDWATER I TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO KANE COUNTY(mg/kg) INGESTION ROUTE FOR B14 B15 B16 816 B16 (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR CLASS I) 6•43' 8'-8' 4'-6' 6'41' 8'-10' INHALATION) INHALATION) INHALATION) pH pH 8.75 l0 9.0 Y-- ( 4500H+B TOTAL LEAD 400 -- 400 -- 400 — 36 282 4 5 4 5 2.3 3 2 3 8 02 3050B/6010B TIER I REMEDIATION OBJECTIVES IN mglL SOIL COMPONENT OF GROUNDWATER INGESTION FOR RESIDENTIAL AND INDUSTRIAUCOMMERCIAL TIER 1 RO TIER 1 RO (CLASS I GROUNDWATER) (CLASS II GROUNDWATER) 0 0075 0 1 � ��iGYO�� i' 0 006 0 026 ND 0.032 ND 0002 3010A/6010B SPLP LEAD : � // .. TABLE NOTES: ALL RESULTS ARE EXPRESSED IN EITHER PARTS PER MILLION CONCEN1 RA I IONS.MILLIGRAMS PER KILOGRAM(mg/kg)FOR TOTAL METALS AND MILLIGRAMS PER LITER(mg/I)FOR SPLP METALS SAMPLE RESULTS ARE COMPARED 10 THE MOST STRINGENT TIER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA'S TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO)REGULATIONS-35 IAC 742 APPENDIX B- TABLES A AND B,AS AMENDED ON MAY 16.2013 THE MOST STRINGENT TIER 1 ROOF ALL EXPOSURE ROUTES WHEN CONSIDERING RESIDENT IAL PROPERTY USE AND CLASS I GROUNDWATER CONDITIONS FOR THE SOIL COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD(FOR REFERENCE,THE TIER 1 ROs FOR ALL EXPOSURE ROUTES ARE LISTED IN THE TABLE) FOR REFERENCE.CONCENTRATIONS FOR INORGANIC CHEMICALS IN BACKGROUND SOILS AS LISTED IN 35 lAC 742 APPENDIX A-1 ABLE G ARE PROVIDED IN THE TABLE RO (EPA TIER 1 REMEDIATION OBJECTIVE DL DETECTION LIMIT ND ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY — NO REMEDIATION OBJECTIVE ESTABLISHED BY THE EPA FOR THIS CHEMICAL/EXPOSURE ROUTE EXHIBIT B SITE: SCHOOL DISTRICT U-46 GROUNDS FACILITY SAMPLE DATE:10/27/2006,03/13/2007&04/04/2007 647 LAUREL STREET LAB:FIRST ENVIRONMENTAL LABORATORIES,INC. ELGIN,ILLINOIS MATRIX:SOIL GEOCON PROJECT NUMBER 4-51030/12-G552 IEMA INCIDENT NO. 982142 INDUSTRIAUCOMMERCIAL PROPERTY pH SPECIFIC SOIL RO RESIDENTIAL PROPERTY TOTAL LEAD FOR LEAD(mg/kg) SAMPLE ID AND DEPTH INTERVAL(IN FEET) INDUSTRIALJCOMMERCIAL CONSTRUCTION WORKER BACKGROUND (SOIL COMPONENT OF DL METHOD ANALYTE CONCENTRATION IN GROUNDWATER TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO 818 B19 B19 B19 KANE COUNTY(mg/kg) (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR INGESTION ROUTE FOR (INGESTION) (OUTDOOR 3'5' 5'-7' 3%5' 5'-7' INHALATION) INHALATION) INHALATION) CLASS I) PH -- PH 875 to 90 10 9.36 1'SOON+B TOTAL LEAD — 400 — 400 — 400 --- 36 282 10 2 3 6 13 9 7 4 2 7 0 2 3050B/6010B TIER I REMEDIATION OBJECTIVES IN mgll 1 SOIL COMPONENT OF GROUNDWATER INGESTION FOR RESIDENTIAL AND INDUSTRIAL/COMMERCIAL TIER 1 RO TIER 1 RO (CLASS I GROUNDWATER) (CLASS II GROUNDWATER) r�� '�j,�qq////�%///y/�� SPLP LEAD I� �� 0 0075 0 1 J// i.% %/iG%///!/j�� SPLP not Tested pH value used for this exposure route 0002 3010A160106 TABLE NOTES: ALL RESULTS ARE EXPRESSED IN EITHER PARIS PER MILLION CONCENTRATIONS MILLIGRAMS PER KILOGRAM(mg/kg)FOR TOTAL METALS AND MILLIGRAMS PER LITER(mg/L)FOR SPLP METALS SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT 1IER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA'S TIERED APPROACH TO CORRECTIVE ACTION OBJECT IVES(TACO)REGULATIONS-35 IAC 742 APPENDIX B- TABLES A AND B.AS AMENDED ON MAY 16,2013 THE MOST STRINGENT TIER 1 ROOF ALL EXPOSURE ROUTES WHEN CONSIDERING RESIDENTIAL PROPERTY USE AND CLASS I GROUNDWATER CONDITIONS FOR THE SOIL COMPONENT OF I HE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD LFOR REFERENCE THE TIER 1 ROs FOR ALL EXPOSURE ROUTES ARE LISTED IN THE TABLE) FOR REFERENCE,CONCENTRATIONS FOR INORGANIC CHEMICALS IN BACKGROUND SOILS AS LISTED IN 35 IAC 742 APPENDIX A-TABLE G ARE PROVIDED IN THE TABLE RO (EPA TIER 1 REMEDIATION OBJECTIVE DL DETECTION LIMIT ND ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY — NO REMEDIATION OBJECTIVE ESTABLISHED BY THE IEPA FOR THIS CHEMICAL/EXPOSURE ROUTE EXHIBIT B SITE: SCHOOL DISTRICT U-46 GROUNDS FACILITY SAMPLE DATE:10127/2006,03/13/2007&04/04/2007 647 LAUREL STREET LAB:FIRST ENVIRONMENTAL LABORATORIES,INC. ELGIN,ILLINOIS MATRIX:SOIL GEOCON PROJECT NUMBER 4-51030/12-G552 IEMA INCIDENT NO. 982142 INDUSTRIAL/COMMERCIAL PROPERTY pH SPECIFIC SOIL RO RESIDENTIAL PROPERTY TOTAL LEAD FOR LEAD(mg/kg) SAMPLE ID AND DEPTH INTERVAL(IN FEET) ANALYTE INDUSTRIAUCOMMERCIAL CONSTRUCTION WORKER BACKGROUND (SOIL COMPONENT OF DL METHOD CONCENTRATIONS IN GROUNDWATER TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO B20 821 B21 821 822 KANE COUNTY(mg(48 INGESTION ROUTE FOR (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR CLASS I s•-r 3'.5. 5'.7' r-a 5'4' INHALATION) INHALATION) INHALATION) I�� ) pH I I li '' 8.75 to 9 0 -I 9 4500H+B TOTAL LEAD 400 --- 400 — 400 — 36 282 I 47 7 4 9 11 1 3 7 14.0 0 2 130508/6010B TIER I REMEDIATION OBJECTIVES IN mg1L i . _ SOIL COMPONENT OF GROUNDWATER INGESTION FOR RESIDENTIAL AND INDUSTRIAL/COMMERCIAL TIER 1 RO TIER 1 RO (CLASS I GROUNDWATER) (CLASS II GROUNDWATER) SPLP LEAD f 0 0075 0.1 SPt P not tested pH value used for this exposure route 0 002 3010A/6010B TABLE NOTES: ALL RESULTS ARE EXPRESSED IN EITHER PARTS PER MILLION CONCENTRATIONS MILLIGRAMS PER KILOGRAM(mg/kg)FOR TOTAL.METALS AND MILLIGRAMS PER LITER(mg/L)FOR SPLP METALS SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA'S TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(IACOI REGULATIONS-35 IAC 742 APPENDIX B TABLES A AND B.AS AMENDED ON MAY 16,2013 THE MOST STRINGENT TIER 1 RO OF ALL EXPOSURE ROUTES WHEN CONSIDERING RESIDENTIAL PROPERTY USE AND CLASS I GROUNDWATER CONDITIONS FOR THE SOIL COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD(FOR REFERENCE,THE TIER 1 ROs FOR ALL EXPOSURE ROUTES ARE LISTED IN THE TABLE) FOR REFERENCE,CONCENTRATIONS FOR INORGANIC CHEMICALS IN BACKGROUND SOILS AS LISTED IN 35 IAC 742 APPENDIX A.TABLE G ARE PROVIDED IN THE TABLE RO /EPA TIER 1 REMEDIATION OBJECTIVE DL DETECTION LIMIT ND ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY - NO REMEDIATION OBJECTIVE ESTABLISHED BY THE(EPA FOR THIS CHEMICAL/EXPOSURE ROUTE EXHIBIT B SITE: SCHOOL DISTRICT U-46 GROUNDS FACILITY SAMPLE DATE:6/27/2007 647 LAUREL STREET LAB:FIRST ENVIRONMENTAL LABORATORIES,INC. ELGIN,ILLINOIS MATRIX:SOIL GEOCON PROJECT NUMBER 4-51030/12-G552 IEMA INCIDENT NO. 982142 INDUSTRIAL/COMMERCIAL PROPERTY RESIDENTIAL PROPERTY pH SPECIFIC SOIL RO TOTAL LEAD FOR LEAD(mg/kg) SAMPLE ID AND DEPTH INTERVAL(IN FEET) INDUSTRIAL/COMMERCIAL CONSTRUCTION WORKER BACKGROUND (SOIL COMPONENT OF ANALYTE CONCENTRATIONS IN GROUNDWATER DL METHOD TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO B23 B24 827 (INGESTION) (OUTDOOR (INGESTION( (OUTDOOR KANE COUNTY(mg/kg) INGESTION ROUTE FOR INHALATION) INHALATION( (INGESTION) INHALATION) CLASS I) 3'S' 3'-5' 5'-T pH pH 8 75 to 9.0 9 82 9 26 934 4500H+B TOTAL LEAD 1 400 -- 400 — 400 --- 36 282_1 4 5 12 1 17 8 0 2 30508)60106 TIER I REMEDIATION OBJECTIVES IN m9/L 1 SOIL COMPONENT OF GROUNDWATER INGESTION FOR RESIDENTIAL AND INDUSTRIAL/COMMERCIAL TIER 1 RO TIER 1 RO (CLASS I GROUNDWATER) (CLASS II GROUNDWATER) - SPLP LEAD j// //'.//,' 0 0075 0 1 j ��j��j// SPLP not rested;pH va ue used for this exposure outs 0002 3010A/60108 TABLE NOTES: ALL RESULTS ARE EXPRESSED IN EITHER PARTS PER MILLION CONCENTRATIONS MILLIGRAMS PER KILOGRAM(mg/kg)FOR TOTAL METALS AND MILLIGRAMS PER LITER(mg/Li FOR SPLP METALS SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA'S TIERED APPROACH TO CORRECTIVE ACT ION OBJECTIVES(TACO)REGULATIONS-35 IAC 742 APPENDIX B- TAB(.FS A AND B AS AMENDED ON MAY 16,2013 THE MOST STRINGENT TIER 1 RO OF ALL EXPOSURE ROUTES WHEN CONSIDERING RESIDENTIAL PROPERTY USE AND CLASS 1 GROUNDWATER CONDITIONS FOR THE SOIL COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD(FOR REFERENCE,THE TIER 1 ROs FOR ALL EXPOSURE ROUTES ARE LISTED IN THE TABLE) FOR REFERENCE,CONCENTRATIONS FOR INORGANIC CHEMICALS IN BACKGROUND SOILS AS LISTED IN 35 IAC 742 APPENDIX A-TABLE G ARE PROVIDED IN THE TABLE RO (EPA TIER 1 REMEDIATION OBJECTIVE DL DETECTION LIMIT ND ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY NO REMEDIATION OBJECTIVE ESTABLISHED BY(HE IEPA FOR THIS CHEMICAL/EXPOSURE ROUTE EXHIBIT B SITE: SCHOOL DISTRICT LI-46 GROUNDS FACILITY SAMPLE DATE:11/5/2012 647 LAUREL STREET LAB:FIRST ENVIRONMENTAL LABORATORIES,INC. ELGIN,ILLINOIS MATRIX:SOIL GEOCON PROJECT NUMBER 4-51030112-6552 IEMA INCIDENT NO. 982142 INDUSTRIAL/COMMERCIAL PROPERTY pH SPECIFIC SOIL RO RESIDENTIAL PROPERTY TOTAL LEAD FOR LEAD(mg/kg) SAMPLE ID AND DEPTH INTERVAL(IN FEET) INDUSTRIAL/COMMERCIAL CONSTRUCTION WORKER BACKGROUND (SOIL COMPONENT OF METHOD ANALYTE .CONCENTRATIONS IN GROUNDWATER TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO KANE COUNTY(mg/kg) INGESTION ROUTE FOR 828 830 (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR CLASS I 3'-5' 3'-5' INHALATION) INHALATION) INHALATION) ) pH pH 8.75 to 9.0 8 97 — 8 77 4500H+B TOTAL LEAD 400 -- 400 — 400 — 36 282 355 22 7 0 2 3050B/6010B TIER I REMEDIATION OBJECTIVES IN mg/L SOIL COMPONENT OF GROUNDWATER INGESTION FOR RESIDENTIAL AND INDUSTRIAL/COMMERCIAL TIER 1 RO TIER 1 RO (CLASS 1 GROUNDWATER) (CLASS II GROUNDWATER) SPLP LEAD {; �/ ��/�2/ I1 �jj/ :/;; 0.0075 0 %'!/!/f//jjjjjj/7/Z jj�jjjjjjjjj i SPLP not tested:pH value used for tem exposure route 0 002 3010A/60106 TABLE NOTES: ALL RESULTS ARE EXPRESSED IN EITHER PARTS PER MILLION CONCENTRATIONS MILLIGRAMS PER KILOGRAM(mg/kg)FOR TOTAL METALS AND MILLIGRAMS PER LITER(mglL)FOR SPLP METALS SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA'S TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO)REGULATIONS-35 IAC 742 APPENDIX B- TABLES A AND B,AS AMENDED ON MAY 16.2013 THE MOST STRINGENT TIER 1 ROOF ALL EXPOSURE ROUTES WHEN CONSIDERING RESIDENTIAL PROPERTY USE AND CLASS I GROUNDWATER CONDITIONS FOR THE SOIL COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD(FOR REFERENCE,THE TIER 1 ROs FOR ALL EXPOSURE ROUTES ARE LISTED IN THE TABLE) FOR REFERENCE CONCENTRATIONS FOR INORGANIC CHEMICALS IN BACKGROUND SOILS AS LISTED IN 35 IAC 742 APPENDIX A-TABLE G ARE PROVIDED IN THE TABLE RO (EPA TIER 1 REMEDIATION OBJECTIVE DL.DETECTION LIMIT ND ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY -- NO REMEDIATION OBJECTIVE ESTABLISHED BY THE IEPA FOR THIS CHEMICAL/EXPOSURE ROUTE EXHIBIT B SITE: SCHOOL DISTRICT U-46 GROUNDS FACILITY SAMPLE DATE:111512012 647 LAUREL STREET LAB:FIRST ENVIRONMENTAL LABORATORIES,INC. ELGIN,ILLINOIS MATRIX:SOIL GEOCON PROJECT NUMBER 4-51030/12-6552 IEMA INCIDENT NO. 982142 INDUSTRIAUCOMMERCIAL PROPERTY pH SPECIFIC SOIL RO RESIDENTIAL PROPERTY TOTAL LEAD FOR LEAD(mg/kg) SAMPLE ID AND DEPTH INTERVAL(IN FEET) ANALYTE INDUSTRIAL/COMMERCIAL CONSTRUCTION WORKER • (SOIL COMPONENT OF • • GROUNDWATER DL METHOD TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO TIER 1 RO KANE COUNTY INGESTION ROUTE FOR 829 B31 (INGESTION) (OUTDOOR (INGESTION) (OUTDOOR CLASS I) 3'-5' 3'-5' INHALATION) INHALATION) pH pH 7 25 TO 7 74 and pH 7 75 TO 8 24 4500H+8 8.10 7 31 TOTAL LEAD 400 -- 400 — 400 --- 36 107 1,770 18 6 0 2 3050B/6010B TIER I REMEDIATION OBJECTIVES IN mg/L SOIL COMPONENT OF GROUNDWATER INGESTION FOR RESIDENTIAL AND INDUSTRIAL/COMMERCIAL TIER 1 RO TIER 1 RO (CLASS I GROUNDWATER) (CLASS II GROUNDWATER) /�� SPLP LEAD ////� 1U//, 0 0075 0 1 ��jjj/ SPLP not tested:pH value used for this exposure route 0.002 3010A/6010B TABLE NOTES: ALL RESULTS ARE EXPRESSED IN EITHER PARTS PER MILLION CONCENTRATIONS MILLIGRAMS PER KILOGRAM(mg/kg)FOR TOTAL METALS AND MILLIGRAMS PER LITER(mg/L)FOR SPLP METALS SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 SOIL REMEDIATION OBJECTIVES AS LISTED IN THE IEPA'S TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO)REGULATIONS-35(AC 742 APPENDIX B- TABLES A AND B,AS AMENDED ON MAY 16.2013 THE MOST STRINGENT TIER 1 ROOF ALL EXPOSURE ROUTES WHEN CONSIDERING RESIDENTIAL PROPERTY USE AND CLASS I GROUNDWATER CONDITIONS FOR THE SOIL COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD(FOR REFERENCE,THE TIER 1 ROs FOR ALL EXPOSURE ROUTES ARE LISTED IN THE TABLE) FOR REFERENCE.CONCENTRATIONS FOR INORGANIC CHEMICALS IN BACKGROUND SOILS AS LISTED IN 35(AC 742 APPENDIX A-TABLE G ARE PROVIDED IN THE TABLE R0 IEPA TIER 1 REMEDIATION OBJECTIVE DL DETECTION LIMIT ND ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY --- NO REMEDIATION OBJECTIVE ESTABLISHED BY THE(EPA FOR THIS CHEMICAUEXPOSURE ROUTE EXHIBIT B SITE: Elgin School District U-46 Grounds Facility SAMPLE DATE: May 1,June 27 and July 10, 2007 647 Laurel Street LAB: FIRST ENVIRONMENTAL LABORATORIES,INC. Elgin, Illinois MATRIX: WATER IEMA Incident No.982142 GEOCON PROJECT NUMBER:4-51030112-G552 TIER 1 RO TIER 1 RO SAMPLE ID ANALYTE (CLASS q (CLASS o) DL MW-1 MW-2 MW-3 MW-4 MW-5 MW-6 MW-7 MW-8 TMW-9 TMW-10 BTEX BENZENE 0.005 0.025 0.0196 ND ND ND ND 0.0854 ND ND ND ND 0.0050 ETHYLBENZENE 0.7 1.0 0.0213 ND ND ND ND 0.176 ND ND ND ND 0.0050 TOLUENE 1.0 2.5 0.0602 ND ND ND ND 0.652 ND ND ND ND 0 0050 XYLENES TOTAL 10.0 10.0 1 0.155 ND ND ND ND 2.150 ND ND ND ND 0.0050 METALS _-- LEAD 0.0075 0.1 ( 0.031 0.003 0.009 0.010 0.003 0.035 ND 0.013 ND ND 0.002 TABLE NOTES: ALL RESULTS ARE EXPRESSED IN PARTS PER MILLION(mg/L)CONCENTRATIONS. SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 GROUNDWATER REMEDIATION OBJECTIVES AS LISTED IN THE IEPA's TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO)REGULATIONS-35 IAC 742.APPENDIX B-TABLE E,AMENDED ON MAY 16,2013. THE MOST STRINGENT TIER 1 RO WHEN CONSIDERING CLASS I GROUNDWATER CONDITIONS FOR THE GROUNDWATER COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD(FOR REFERENCE,THE TIER 1 ROs FOR CLASS II GROUNDWATER ARE ALSO LISTED IN THE TABLE). SAMPLE CONCENTRATIONS LISTED IN BOLD EXCEED THE TIER 1 RO. RO: IEPA TIER 1 REMEDIATION OBJECTIVE DL:DETECTION LIMIT ND:ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY BTEX ANALYSIS PERFORMED PER USEPA SW-846 METHOD 5030B/8260B;LEAD ANALYSIS PERFORMED PER USEPA SW-846 METHOD 3010A. EXHIBIT B SITE: Elgin School District U-46 Grounds Facility SAMPLE DATE: October 1, 2012 647 Laurel Street LAB: FIRST ENVIRONMENTAL LABORATORIES, INC. Elgin, Illinois MATRIX:WATER IEMA Incident No. 982142 GEOCON PROJECT NUMBER: 4-51030/12-G552 TIER 1 RO TIER 1 RO SAMPLE ID ANALYTE (CLASS I) (CLASS II) DL MW-1 MW-2 MW-3 MW-4 MW-5 MW-6 MW-7 MW-8 TMW-9 TMW-10 WELL WELL TEMP TEMP BT EX PAVED BURIED IN OVER GRAVEL WELL WELL BENZENE 0.005 0.025 ND ND ND _ 0.0136 ND ND 0.0050 ETHYLBENZENE 0.7 1.0 ND _ ND ND 0.0286 ND ND 0.0050 TOLUENE 1.0 2.5 ND ND ND 0.995 ND ND 0.0050 XYLENES(TOTAL) 10.0 10.0 L_ ND ND ND 0.414 ND ND 0.0050 METALS LEAD I 0.0075 0.1 0.012 0.010 0.006 0.006 0.068 0.025 0.002 TABLE NOTES: ALL RESULTS ARE EXPRESSED IN PARTS PER MILLION(mg/L)CONCENTRATIONS. SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 GROUNDWATER REMEDIATION OBJECTIVES AS LISTED IN THE IEPA's TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO)REGULATIONS-35 IAC 742.APPENDIX B-TABLE E,AMENDED ON MAY 16,2013. THE MOST STRINGENT TIER 1 RO WHEN CONSIDERING CLASS I GROUNDWATER CONDITIONS FOR THE GROUNDWATER COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD(FOR REFERENCE,THE TIER 1 ROs FOR CLASS II GROUNDWATER ARE ALSO LISTED IN THE TABLE). SAMPLE CONCENTRATIONS LISTED IN BOLD EXCEED THE TIER 1 RO. RO: IEPA TIER 1 REMEDIATION OBJECTIVE DL:DETECTION LIMIT ND:ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY BTEX ANALYSIS PERFORMED PER USEPA SW-846 METHOD 5030B/8260B;LEAD ANALYSIS PERFORMED PER USEPA SW-846 METHOD 3010A. EXHIBIT B SITE: Elgin School District U-46 Grounds Facility SAMPLE DATE: November 5, 2012 647 Laurel Street LAB: FIRST ENVIRONMENTAL LABORATORIES, INC. Elgin, Illinois MATRIX:WATER IEMA Incident No. 982142 GEOCON PROJECT NUMBER:4-51030/12-G552 TIER 1 RO TIER 1 RO SAMPLE ID ANALYTE (CLASS I) (CLASS II) DL TMW 11 TMW 12 TMW 13 TMW14 BTEX TEMP WELL TEMP WELL TEMP WELL TEMP WELL BENZENE 0.005 0.025 ND ND ND ND 0.0050 ETHYLBENZENE 0.7 1.0 ND ND ND ND 0.0050 TOLUENE 1.0 2.5 ND ND ND ND 0.0050 XYLENES(TOTAL) 10.0 10.0 ND ND ND ND 0.0050 METALS I 1 LEAD 0.0075 0.1 0.072 2.63 0.048 0.733 0.002 TABLE NOTES: ALL RESULTS ARE EXPRESSED IN PARTS PER MILLION(mg/L)CONCENTRATIONS. SAMPLE RESULTS ARE COMPARED TO THE MOST STRINGENT TIER 1 GROUNDWATER REMEDIATION OBJECTIVES AS LISTED IN THE IEPA's TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES(TACO)REGULATIONS-35 IAC 742.APPENDIX B-TABLE E,AMENDED ON MAY 16,2013. THE MOST STRINGENT TIER 1 RO WHEN CONSIDERING CLASS I GROUNDWATER CONDITIONS FOR THE GROUNDWATER COMPONENT OF THE GROUNDWATER INGESTION ROUTE IS LISTED IN BOLD(FOR REFERENCE,THE TIER 1 ROs FOR CLASS II GROUNDWATER ARE ALSO LISTED IN THE TABLE). SAMPLE CONCENTRATIONS LISTED IN BOLD EXCEED THE TIER 1 RO. RO:IEPA TIER 1 REMEDIATION OBJECTIVE DL. DETECTION LIMIT ND:ANALYTE NOT DETECTED ABOVE THE DETECTION LIMIT OF THE LABORATORY BTEX ANALYSIS PERFORMED PER USEPA SW-846 METHOD 5030B/8260B;LEAD ANALYSIS PERFORMED PER USEPA SW-846 METHOD 3010A. RESIDENTIAL 1441,,, / / ,... ....„ .... ..../.... ",' - .0 LAUREL STREET"(TWO- A • '6•)„,. \ t �\ H�J< .� 4-. ... _ _ . Y`., _- J/ ry f .r /..ra r 1f a _ r Si DCWAU, ` SOEWALc PROPERTY LINE T ' I. aooe-4., 1 h� t PIPE CUT Of! T \Y\ 4R.0[ U GRASS/BASEBALL noon ur.s \ \\ to FIELD SLOPE PAVED \ (Schoo Dlst PARKING _ - W A c(in- U-46 property) LOT 1\\:\'t BUS CD GARAGE Y 0 a 0 LEGEND � OVERkEAO UTILITY JNES \ Y At- NATURAL GA, _iNE _ih. � _ \� WATER UNE N \ 1 AREA HIGHWAY I 1_1.1 AUTHORITY OF AGREEMENT 1 L 1 K 3 SCALE 1••30' EXHIBIT C PROJECT NO: 431030/12.6552 HIGHWAY AUTHORITY AGREEMENT MAP �4 GEV CON SCHOOL DISTRICT U-46 GROUNDS FACILITY DATE: 07-03-14 647 LAUREL STREET ELGIN,KANE COUNTY,ILLINOIS 12•G552 2-FIG-C SUPPLEMENTAL AGREEMENT TIERED APPROACH TO CORRECTION OBJECTIVES AGREEMENT This Agreement is entered into this 12th day °focrober 2016 pursuant to 35 111. Adm. Code 742.1020 by and between Board of Education of School District U-46, Kane, Cook and DuPage Counties, Illinois, a body politic and corporate ("Owner/Operator"), and the City of Elgin ("City"). The Owner/Operator and City are referred to as"Parties." 1. This Agreement is not binding upon the City until it is signed by the undersigned representative of the City and before signing, this Agreement constitutes an offer by Owner/Operator. The duly authorized representative of Owner/Operator has signed this Agreement, and this Agreement is binding upon it, its successors and assigns, upon execution by the City. 2. Owner/Operator Stipulates: a. Owner/Operator is pursuing Corrective Action for the property located at 647 Laurel Street, Elgin, Illinois ("the Site"). The Illinois Emergency Management Agency has assigned Incident Number 982142 to this matter. The property located at 647 Laurel Street, Elgin, Illinois and Incident Number 982142 is sometimes collectively referred to as "the Site" or "Incident Number 982142." As part of the Owner/Operator's Corrective Action, the Owner/Operator and the City have entered into a Highway Authority Agreement(the "I IAA") for the road("Right-of-Way")located along the property frontage,which I IAA(including its exhibits) is attached hereto as Exhibit I and made a part hereof The City has agreed to prohibit the use of groundwater as a potable water supply within the area of the corporate limits of Elgin described and depicted in the HAA. For purposes of this agreement, "Corrective Action" is defined as active remediation, passive remediation, investigation and monitoring of "Contaminants of Concern" which are defined as those contaminants released from the Site which have possibly impacted soil/and or ground water within the Right-of-Way or within the area covered by the HAA in excess of applicable Tier 1 objectives as described in the HAA, or any combination of these activities defined herein. b. Attached as Exhibits A and B to the HAA are; (i) site maps prepared by Owner/Operator which show the area of estimated contaminated soil and/or groundwater at the time of this Agreement in the Right-of-Way above Tier 1 residential levels under 35 Ill. Adm. Code 742; and (ii) tables prepared by Owner/Operator showing concentrations of Contaminants of Concern, hereafter "Contaminants," in soil and/or groundwater within the area described in Exhibit A and which shows the applicable Tier 1 soil remediation objectives for property and Tier 1 objectives for groundwater of the Illinois Pollution Control Board ("IPCB") that are exceeded. The Right-of-Way, and only the Right-of-Way, as described in Exhibit C of the HAA, adjacent to the Site and adjoining property 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. Contaminants have been delineated into the Right-of-Way, the Owner/Operator has represented that the area of the Right-of-Way is adequate to encompass soil and groundwater in the Right-of-Way possibly impacted with Contaminants from a release at the Site. c. The Illinois Emergency Management Agency ("IEMA") has assigned Incident Number 982142 to this matter. 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 III. Adm. Code 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 35 111. Adm. Code 742.1020, in substantially the form of the HAA. 3. The City stipulates that: 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. As such, the City exercises access control over the use of the ground water beneath the Right-of-Way and over access to the soil beneath the Right-of-Way. 4. The Parties stipulate that: a. Contemporaneously with the execution of this Agreement,Owner/Operator and the City have executed the HAA attached hereto as Exhibit 1, and will submit the executed HAA to the IEPA. Under 35 Ill. Adm. Code 742.1020, this Agreement is intended to establish undertakings by the Owner/Operator to the City in consideration of the City entering into the HAA and the City's agreements herein that it will not allow the use of groundwater under the 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 Right-of-Way that is contaminated from the release at levels above residential Tier 1 remediation objectives. b. The IEPA and/or Attorney General ("AG") must review and approve the HAA , and the HAA shall be referenced in IEPA's "No Further Remediation" determination in the chain of title for the Site in the county where the Site is located. c. This Agreement shall be null and void should the IEPA or AG not approve the HAA, or should the HAA not be referenced in the "No Further Remediation" determination, provided, however, that this Agreement shall be effective between the Owner/Operator and the 3 City immediately upon signature by their representatives. 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 residential remediation objectives beneath its Right-of-Way within the area covered by the HAA as a potable or other domestic supply of water and that it otherwise will limit access to soil as described herein under the Right-of-Way that is impacted from the release at levels above Tier 1 residential 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 such maintenance activities requested by Owner/Operator or the IEPA in writing as are reasonably necessary to maintain such pavement area(s) as a barrier. The City does not otherwise agree to perform maintenance of the Right-of- Way,nor does it agree that the 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 Right-of-Way by an agreement with the City and the City's agents,contractors,officials,officers and employees for all lawsuits,claims,losses,injuries, damages, judgments, or other obligations asserted against or costs incurred by them, including reasonable attorney's fees and court costs(collectively, "Obligations"), associated with the release of Contaminants of Concern regardless whether said obligations or costs were caused by the negligence of them. 7. As an additional consideration, and subject to the requirements of paragraph 12, Owner/Operator agrees to reimburse the City for those reasonably necessary costs it has incurred or will incur in responding appropriately to the suspected presence of Contaminants of Concern in the Right-of-Way as a result of the release of contaminants at this Site, including but not limited 4 to, identifying, investigating, handling, storing and disposing of contaminated soil and groundwater in the Rights-of-Way as a result of the release of Contaminants at this Site by Owner/Operator. Owner/Operator further agrees to reimburse the City for those reasonably necessary costs it has incurred (not exceeding $1,500.00) in reviewing and negotiating this Agreement. The City shall document those costs for Owner/Operator in an invoice. A check made payable to The City of Elgin" shall be tendered to the City within 30 days after the delivery of such an invoice from the City to Owner/Operator. 8. This Agreement shall be binding upon all successors in interest to the Owner/Operator or 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 by the City, may be grounds for voidance of this Agreement. Violation of the terms of the HAA by the City will not void this Agreement, unless the IEPA has determined that the violation is grounds for voiding the IIAA 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 a)the Right-of-Way is demonstrated to be suitable for unrestricted use, b) there is no longer a need for the HAA,and c)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 for the site to reflect unencumbered future use of that Right-of-Way. 11. This Agreement constitutes full settlement of claims the City may have arising from the possible release of Contaminants of Concern associated with Incident Number 982142, and is not in settlement of claims of the IEPA or any other State Agency. 5 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 Right-of- Way by permit. To that extent, the City reserves the right, and the right of those using or working in its Right-of-Way under permit, to remove contaminated soil or groundwater above Tier 1 residential objectives from its Right-of-Way and to dispose of them as they deem appropriate, in accordance 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 may, if practicable as determined by the City, first give Owner/Operator written notice 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 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 regardless of whether notice has been given to Owner/Operator. 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 (20) working days by making payment. Failure to give notice to the 6 Owner/Operator or failure to give the Owner/Operator the opportunity to remove and dispose of contaminated soil and/or groundwater is not a violation of this Agreement and shall not be a defense to a claim for reimbursement or the work should not have been done. Should Owner/Operator not reimburse the costs identified herein, this Agreement shall be null and void in addition to such other remedies as may be available to the City by law. Notwithstanding any termination of this Agreement,the City shall have the right to enforce the reimbursement obligations of Owner/Operator, and the City shall be entitled to recover all of its reasonable costs (including attorneys' fees) in connection with such enforcement. 13. Written Notice required by this Agreement must be mailed to the following: If to the Owner/Operator: School District U-46 Plant Operations 1460 Sheldon Drive Elgin, Illinois 60120-8131 with a copy to: School District U-46 General Counsel 355 E. Chicago St. Elgin, Illinois 60120 If to the City: City of Elgin Public Services Director 1900 Holmes Road Elgin, Illinois 60123 with a copy to: City of Elgin Corporation Counsel 150 Dexter Court Elgin, Illinois 60120 7 14. The City's sole responsibility under this Agreement with respect to others using the 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 he managed off-site in accordance with all environmental laws. Owner/Operator hereby releases the City from liability for breach of this Agreement or the HAA by others under permit and indemnifies the City against claims that may arise from others under permit causing a breach of this Agreement or the HAA. Owner/Operator agrees that its personnel, if any at the Site who are aware of the I IAA, will notify anyone they know is excavating in the Right-of-Way about the HAA. 15. Should the City breach this Agreement or the HAA,Owner/Operator's sole remedy is for an action for damages in the Circuit Court for the 16`h Judicial Circuit, Kane County, Illinois. Any and all claims for damages against the City,its agents,contractors,employees or its successors in interest arising at any time for a breach of this Agreement or the IJAA are limited to an aggregate maximum of Two Thousand Five Hundred Dollars ($2,500). No other breach by the City, its agents, contractors, employees and its successors in interest of a provision of this Agreement or the HAA is actionable in either law or equity by Owner/Operator against the City or them, and Owner/Operator hereby releases the City, its agents, contractors, 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 8 impacted soil or groundwater in the Right-of-Way or in the area covered by the HAA. Should the City convey, vacate or transfer jurisdiction of that Right-of-Way, Owner/Operator may pursue an action under this Agreement against the successors in interest,other than a State Agency, in court. 16. This Agreement is entered into by the City in recognition of laws passed by the General Assembly and regulations adopted by the IPCB which 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 property owner. Should any provisions of this Agreement be struck down as beyond the authority of the City, however, this Agreement shall be null and void, except that all costs and expenses to be paid by Owner/Operator as provided in this Supplemental Agreement which have been incurred by the City prior to termination shall be reimbursed by Owner/Operator within 45 days after the Supplemental Agreement becomes null and void, and Owner/Operator's obligations under Paragraph 6 of this Supplemental Agreement shall survive any termination of this Supplemental Agreement. {SIGNATURE PAGE FOLLOWS} 9 IN WITNESS WHEREOF, the City has caused this Agreement to be signed by its Mayor. CITY OF E 000, / BY I l //,./.t'. /■:,-.;--__. . - DATE: October 12, 2016 David J. Ka•,, n, or ATTEST: t:40( 40 ii/V1 Kimberl 4 Dewis, City Clerk IN WITNESS WHEREOF, Owner/Operator, School District U-46, has caused this Agreement to be signed by its duly authorized representative. BOARD OF EDUCATION OF SCHOOL DISTRICT U-46 KANE, COOK AND DUPAGE COUNTIES ILLINOIS By: /-- DATE: S' is" // G Its G-4 'G4 Of.,C- 'v+iS v . Zz•••• f:\Legal Dept\Agreement\School District U-46-Supplemental Agr-redlined-2-5-15.docx l0