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7. Is the owner of the contamination source obligated to address the contamination <br /> issue? <br /> Yes, the IEPA requires all contamination sources be addressed and remediated in some <br /> fashion. Remediation options range from the total removal of the contaminated material <br /> to isolating it or to requiring no action at all. The IEPA requires that the issue be <br /> addressed and resolved before any development or redevelopment of the property. Until <br /> the IEPA signs off on the remediation plan proposed by a property owner, the property is <br /> essentially in limbo and of no realistic value. <br /> 8. Can the City force the owners of a contamination source to clean up the right of <br /> way and remove all contaminated soil? <br /> The owner of a leaking underground gas tank or other contamination source is obligated <br /> by the IEPA to remediate the contamination which can include removal. In the past it has <br /> been successfully argued that removal of contaminated material from the right of way is <br /> impractical. It may require a significant amount of legal effort and cost to force the <br /> removal of all contaminated material from the right of way due to the significant costs <br /> involved. The courts would likely make the ultimate determination as to whether it is <br /> practical or not to complete such a removal effort. <br /> 9. If the City can require the owner of a contamination source to clean it up,why <br /> not do so and clean up the right of way? <br /> There are several reasons not to force the removal of all contamination from the City's <br /> right of way: <br /> 1. In some cases, the contamination may not have actually encroached into the right <br /> of way but it may be projected by a computer model to be"likely" to enter the <br /> right of way by ground water migration in the coming years. <br /> 2. The IEPA has determined that in many cases, contaminated soils are sufficiently <br /> isolated within the right of way that they do not pose a significant threat to human <br /> health or the environment which renders full removal unnecessary. <br /> 3. In the past, removal of contaminated soil from the right of way has been <br /> considered to be impractical. It may require significant legal expense to force <br /> removal. <br /> 4. Removing contaminated soil from the right of way can be a great expense to the <br /> owner of the contamination source and the Leaking Underground Storage Tank <br /> Fund (LUST), a significant disruption to the public with the removal of <br /> potentially vast amounts of roadway and associated utilities. There is the <br /> potential of great expense for relatively little gain. <br /> 10. What are the penalties for future occurrences? <br /> Generally, the IEPA levies no penalties if the spill is cleaned up. If a timely cleanup does <br /> not occur the penalties can be stiff with fines of up to $10,000 per day since the violation <br /> began. <br /> Appendix A, Page 3 <br />