R2023-206 Resolution Authorizing a Highway Authority Agreement and Environmental Indemnity Agreement between the City of Decatur and Ameren Illinois for Portions of the City Right of Way on Wood Street and Industry Court

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,a Illinois Environmental Protection Agency Bureau of Land • 1021 N. Grand Avenue E. • P.O. Box 19276 • Springfield • Illinois • 62794-9276 HIGHWAY AUTHORITY AGREEMENT This Agreement is entered into this 2nd day of October 20 23 pursuant to 35 III.Adm. Code 742.1020 by and between the (1) Ameren Illinois ("Property Owner")[or, in the case of a petroleum leaking underground storage tank(UST), the owner/operator of the tank("Owner/Operator")] and (2) City of Decatur [Name of Entity in Control of the Right-of-Way] ("Highway Authority"), collectively known as the "Parties." [Use this paragraph for sites with petroleum leaking underground storage tank(s)] WHEREAS, is the owner or operator of one or more leaking underground storage tanks presently or formerly located at ("the Site"); [Use this paragraph for sites that do not have petroleum leaking USTs] WHEREAS, Ameren Illinois is the owner of the property located at 515 East Main Street, Decatur Illinois ("the Site"); WHEREAS, as a result of one or more releases of contaminants at the above referenced Site ("the Release(s)"), 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 or Property Owner 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 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: 1. The recitals set forth above are incorporated by reference as if fully set forth herein. 2. [Use this paragraph if IEMA has issued an incident number]The Illinois Emergency Management Agency has assigned incident number(s) to the Release(s). 3. Attached as Exhibit A is a scaled map(s) 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(s). [Use the following sentence if either soil or groundwater is not contaminated above applicable Tier 9 residential remediation objectives: is not contaminated above the applicable Tier 1 residential remediation objectives.] 4. Attached as Exhibit B is a table(s) prepared by the Owner/Operator that lists each contaminant of concern that exceeds its Tier 1 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(s)in Exhibit A.