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� � v- <br /> � � <br /> 1. The owner is notifying the City of the presence of contaminated soil and ground water in the <br /> right of way and is taking responsibility for it. Without an agreement the City has no idea of <br /> the extent of contamination and will have difficulty working with the responsible party if an <br /> excavation is necessary. <br /> 2. The owner gives the City a legal release from liability and indemnifies the City for claims that <br /> may arise. <br /> 3. If excavation is made through contaminated soil, the owner will reimburse or handle the <br /> added costs involved with properly dealing with the hazardous material. <br /> 4. This agreement is a step toward getting property with contamination problems back into <br /> productive use within the restrictions placed upon it by the IEPA. <br /> A second property remediation tool is a Ground Water Ordinance that prohibits the use of <br /> groundwater as a potable water supply within the area identified. Martin &Bayley's environmental <br /> engineer has conducted a door to door inquiry within the area identified as having contaminated <br /> ground water and have found no properties using well water. They have also conducted a ground <br /> water search with the Illinois State Water Survey and the Illinois State Geological Survey which are <br /> the State agencies that issue permits for drilling wells. There are no known wells within the area <br /> identified in the proposed ordinance. <br /> The major benefit of a ground water ordinance is that it will serve to keep contaminated water <br /> isolated underground and not allow it to be used for human consumption. The area is served by the <br /> City's public water supply so the prohibition should not create a hardship. <br /> Frequently asked questions are attached hereto as Appendix A for the information of the City <br /> Council. <br /> POTENTIAL OBJECTION: There are no known objections to these ordinances. <br /> INPUT FROM OTHER SOURCES: Applied Environmental Technologies, Inc. <br /> STAFF REFERENCE: Richard Marley, Director of Engineering & <br /> Infrastructure, at 424-2747 <br /> Matt Newell, City Engineer, at 424-2747 <br /> Richard Marley will be in attendance at the City Council meeting to answer any questions of the <br /> Council on this item. <br /> BUDGET/TIME IMPLICATIONS: Budget and staff time is negligible far this action. <br /> Attach: 4 <br /> cc: John Smith, Assistant City Manager for Public Services <br /> Dick Borders, Municipal Services Manager <br /> Aaron Lawson, Assistant City Engineer <br /> M. Travis Stanley, Civil Engineer I <br /> Mark Bayley, Martin & Bayley, Inc. <br /> Jay Emery, Applied Environmental Technologies, Inc. <br /> Page 2 <br />