2008-03 PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY

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, , Engineering & Infrastructure Memoran�lum NO. 2008-08 DATE: January 18, 2008 TO: Honor�ble 1Vl�yor Osborne and City Council FROM: Steve Garma City Manager �, �� � Richard G. rley, P.E., Director of En ineering & In r �tfu'c ure Matthew C. Newell, P.E., City Engine� �� SUBJECT: Tiered Approach to Corrective-Action Objectives A reement and Ground Water Ordinance for Huck's Food and Convenience Store o. 167, 3595 Larkdale Coui•t SUMMARY RECOMMENDATION: It is recolninended by staff that the City Council approve the followin� items: 1. A resolution authorizing a Tiered Approach to Corrective-Action Objectives (TACO) Agreement between the City and Martin & Bayley, Inc., for the property located at 3595 Larkdale Court, and authorizes the Mayor to execute the Agreement and the City Clerk to attest. � 2. A Ground Water ordinance prohibiting the use of groundwater as a potable water supply for the area within 400 feet of the property located at 3595 Larkda�e Court. BACKGROUND: The City's Departinent of Engineering & Infrastructure was contacted by representatives of Martin & Bayley Inc., who own the property located at 3595 Larkdale Court, re�arding their remediation effort as the result of leaking underground storage tanks on the property. The estimated impacted area is outlined on the drawings attached to the Highway Authority Agreement. Martin & Bayley's enviromnental engineer, Applied Environmental Technologies, Inc., is coordinating the remediation work with the Illinois Environmental Protection Agency(IEPA). A TACO Agreement is one of the tools used to remediate properties �here soil and ground water under the site have been contaminated by leaking underground storage tanks. This Agreement, sometimes called a Highway Authority Agreement, enables the property owner to obtain institutional control of those properties that may be iinpacted by the subsurface contaminants. Institutional control places a deed restriction that prohibits the City from allowing roundwater under the identified area to be used as a potable supply of water and will limit a cess into the soil by ineans of excavations. The proposed Agreeinent places such a restriction on po ions of the Larkdale Court, Tanager Drive, and Whippoorwill Drive right of way near the Huck's Food and Convenience Store at 3595 Larkdale Court. The area is delineated on a map attached to the proposed agreeinent. As ongoing grouizd water monitoring occurs, the IEPA may require Martin & Bayley to periodically update the contamination niaps as conditions require. � Some of tl�e beiiefits of enterii�g into TACO agreements are: �