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