2009-93 PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY

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3. What is the City's Obligation under a Highway Authority Agreement? In exchange for entering into a Highway Authority Agreement, the City makes two main commitments: (1) The City will not allow drinking water wells to tap into the groundwater under the section of right of way specified in the agreement. (2) If contaminated soil in the right of way is excavated,human health and the environment will be protected. Through supplemental agreements with the site owner, the City has the opportunity to require the property owner to remove or pay for the removal of any contaminated soil that may be encountered during any construction work. 4. What is the City's Obligation under a Ground Water Ordinance? In order to protect public health, the City must prohibit new drinking water wells from tapping into groundwater within an area determined by the IEPA following an in depth ground water review by an engineer. Normally the IEPA's rules do not require existing wells to be closed unless they have become contaminated. Since the City has a public water supply, this prohibition is not usually a hardship. 5. What benefit does the City of Decatur gain by entering into TACO Agreements? The City receives many benefits from entering into TACO Agreements: 1. Public health is protected by prohibiting use of ground water from contaminated sites. 2. Redevelopment of"brownfield" sites is facilitated, returning them to productive use. 3. With a supplemental agreement, the City can require the owner of the "brownfield" site to give the City a legal release from liability and indemnifies the city for claims that may be made. 4. Should the City need to excavate in the right-of-way, a supplemental agreement could be put in place to require the owner to reimburse the City for the cost of dealing with the contamination, such as disposing of the waste in a controlled landfill. 5. By exercising choices provided by TACO rules, site owners and operators may reduce remediation costs, return more sites to productive use, hasten property redevelopment, and still fully comply with environmental laws and regulations. 6. Can the City establish rules more strict than those imposed by the IEPA? City is generally able to establish rules that are equal to or greater than those established by the IEPA. The legality of additional rules will likely vary depending on the desired measure and should in each circumstance be addressed by the Corporation Counsel. The Highway Authority Agreement and the Ground Water Ordinance used by the City are typical documents required by the IEPA. The City is able to add conditions through supplemental agreements such as removal of some or all soil, the payment of fees, liability indemnification, etc. Appendix A, Page 2