R2007-101 AUTHORIZING EXECUTION OF AGREEMENT

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COUNCIL COMMUNICATION FORM Engineering & Infrastructure Memorandum NO. 2006-31 June 11, 2007 TO: Honorable Mayor Osborne and City Council FROM: Steve Garm City Manager � / Richard G. arley, P.E., Director of Engin ering & Infra tr ct re Matthew C. ewell, P.E., City Enginee SUBJECT: Tiered Approach to Corrective-Action Objectives Agreement with Svendsen's Service Center, 3696 Greenswitch Road SUMMARY RECOMMENDATION: It is recommended by staff that the City Council approve the attached resolution which authorizes a Tiered Approach to Corrective-Action Objectives (TACO) Agreement between the City and Svendsen's Service Center, far the property located at 3696 Greenswitch Road, and authorizes the Mayor to execute the Agreement and the City Clerk to attest. BACKGROUND: The City's Department of Engineering & Infrastructure was contacted by representatives of Svendsen's Service Center 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 agreement. Svendsen's environmental engineer, CW3M Company, 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 where 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 impacted by the subsurface contaminants. Institutional control places a deed restriction that prohibits the City from allowing the 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 current Agreement places such a restriction on a portion of the Greenswitch Road right of way adjacent to Svendsen's property at 3696 Greenswitch Road. This area is delineated on a map attached to the proposed agreement. As ongoing ground water monitoring occurs, the IEPA may require Svendsen to periodically update the contamination maps as conditions require.