2015-49 AMENDING CITY CODE - ORDINANCE 2015-12 - CLARK OIL AND REFINING 1251 NORTH HILL AVENUE

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Public Works Memorandum NO. 2015-38 DATE: September 14,2015 TO: Honorable Mayor Moore Wolfe and City Council FROM: Timothy Gleason, City Manager Richard G. Marley, P.E., Public Works Director SUBJECT: Amended Ordinance Prohibiting the Use of Groundwater Clark Oil and Refining, 1251 North Hill Avenue SUMMARY RECOMMENDATION: It is recommended that the City Council approve the attached amended Ground Water Ordinance I�I prohibiting the use of groundwater as a potable water supply for the former Clark Oil &Refining j business site located at 1251 North Hill Avenue. This is a portion of the property containing the ! new County Market at Grand and Oakland Avenues. PRIOR COUNCIL ACTION: Apri16, 2015—The City Council authorized Ordinance 2015-12 to address ground water contamination for the former Clark Oil site located at 1251 North Hill Avenue. Prior Council Action on Ground Water Ordinances: Since 2002, the City Council has authorized 20 ground water ordinances at various locations in the City. BACKGROUND: Amended Ground Water Ordinance: On Apri16, 2015, the City Council authorized a ground water ordinance at the request of Fehr Graham Engineering & Environmental, who represents the owner of the former Clark Oil station located at 1251 North Hill Avenue regarding their remediation efforts resulting from chemicals that have infiltrated into the ground from leaking petroleum tanks at the site for many years. Once a ground water ordinance is approved by the City, the property owner submits it to the Illinois Environmental Protection Agency(IEPA) for final approval. The IEPA rej ected the proposed ordinance due to concern that the boundary needed to follow whole property lines whereas Fehr Graham initially submitted their boundary splitting some properties. The ordinance remains the same but Exhibits A and B have been modified. The Purpose of Ground Water Ordinances: A Ground Water Ordinance is a tool used by the Illinois Environmental Protection Agency(IEPA) to remediate properties where soil and ground water under the site have been contaminated by chemicals. The ordinance prohibits the use of groundwater as a potable water supply for the area identified on Exhibit A as having the maximum potential for ground water contamination from petroleum that was released from the site over the years. Page � 1