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9/28/23, 11:11 AM Item Coversheet <br /> impacted by the subsurface contaminants that have extended beyond their property. Institutional controls place a deed restriction <br /> that prohibits the City from allowing the groundwater under the identified area to be used as a potable supply of water and will <br /> limit access into the soil by means of excavations. The current Agreement places such a restriction on a portion of the Wood Street <br /> and Industry Court right of way south of the Ameren property at 515 East Main Street. This area is delineated on a map attached <br /> to the proposed agreement. <br /> Because the Highway Authority Agreement removes some of the City's control over the affected right of way,the City has <br /> required Ameren to provide a supplemental agreement in the form of an Environmental Indemnification Agreement that will be <br /> simultaneously executed with the Highway Authority Agreement. <br /> Some of the benefits of entering into a Highway Authority Agreement(HAA)and Environmental Indemnification Agreement <br /> (EIA)are: <br /> 1. The owner is notifying the City of the presence of contaminated soil and ground water in the right of way and is <br /> taking responsibility for it. Without an agreement the City may have no idea of the extent of contamination and may have <br /> difficulty locating and working with the responsible party if an excavation is necessary. (See attached HAA) <br /> 2. The owner gives the City a legal release from liability and indemnifies the City for claims that may arise. (See <br /> attached EIA) <br /> 3. If additional maintenance is required on the right of way for it to act as a barrier,the property owner will pay for <br /> such additional requirements. (See attached EIA) <br /> 4. If excavation is made through contaminated soil,the owner will reimburse or handle the added costs involved with <br /> properly dealing with the hazardous material. (See attached EIA) <br /> 5. This agreement is a step toward getting property with contamination problems back into productive use within the <br /> restrictions placed upon it by the IEPA. (See attached HAA) <br /> A major drawback to the companion agreements is the control the IEPA could potentially exercise to enforce the Highway <br /> Authority Agreement provisions on the City if Ameren became unable to hold to its obligations. <br /> SCHEDULE: The ordinance will take effect upon the signature of the Mayor. <br /> LEGAL REVIEW: The Ordinance and Agreements have been reviewed by the Legal Department. <br /> PRIOR COUNCIL ACTION: <br /> There have been no prior Council actions regarding ground water contamination or soil contamination for the former manufactured <br /> gas plant located at 515 East Main Street. <br /> Prior Council Action on Ground Water Ordinances: <br /> Since 2002,the City Council has authorized 24 ground water ordinances at various locations in the City. <br /> POTENTIAL OBJECTIONS: There are no known objections to this ordinance. <br /> INPUT FROM OTHER SOURCES: Ameren Illinois,Legal Department <br /> STAFF REFERENCE: Jon Kindseth,Deputy City Manager,Matt Newell,Public Works Director.Matt Newell will attend the <br /> City Council meeting to answer any questions of the Council on this item. <br /> BUDGET/TIME IMPLICATIONS: <br /> Budget and staff time is negligible for this action. <br /> ATTACHMENTS: <br /> Description Type <br /> A Ground Water Ordinance Prohibitingg the Use of <br /> Groundwater as a Potable Water Supply for the Ordinance <br /> Designated Area South and West of a Former <br /> Manufactured Gas Plant Located at 515 East Main Street <br /> M Backup Material <br /> https://decatur.novusagenda.com/agendaweb/CoverSheet.aspx?ItemID=4513 2/2 <br />