R2008-13 AUTHORIZING EXECUTION OF AGREEMENT

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' � V r Engineering & Infrastructure Memorandum NO. 2008-08 DATE: January 18, 2008 TO: Honorable Mayor Osborne and City Council FROM: Steve Garma City Manager � �/ Richard G. rle , P.E., Director of En ineering & In��r'a�t��cture Y 4 Matthew C. Newell, P.E., City Engine SUBJECT: Tiered Approach to Corrective-Action Objectives Agreement and Ground Water Ordinance for Huck's Food and Convenience Store No. 167, 3595 Larkdale Court SUMMARY RECOMMENDATION: It is recommended by staff that the City Council approve the following 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 autharizes 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 Larkdale Court. BACKGROUND: The City's Department of Engineering & Infrastructure was contacted by representatives of Martin & Bayley Inc., who own the property located at 3595 Larkdale Court, regarding 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 environmental engineer, Applied Environmental Technologies, Inc., is coordinating the remediation work with the Illinois Environmental Protection Agency(IEPA). ies where soil and round water A TACO A eement is one of the tools used to remediate ro ert g �' P P 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 impacted by the subsurface contaminants. Institutional control places a deed restriction that prohibits the City from allowing groundwater under the identified area to be used as a potable supply of water and will limit access into the soil by means of excavations. The proposed Agreement places such a restriction on portions of the Larkdale Court, Tana er Drive, and Whippoorwill Drive right of way near the Huck's Food and Convenience Store at g 3595 Larkdale Court. The area is delineated on a map attached to the proposed agreement. As ongoing ground water monitoring occurs, the IEPA may require Martin & Bayley to periodically update the contamination maps as conditions require. Some of the benefits of entering into TACO agreements are: