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Right-of-way is adequate to encompass the soil and the groundwater within Right-of- <br /> Way possibly impacted with Contaminants from a release at the Site. <br /> c. The Illinois Emergency Management Agency has assigned incident number <br /> 902584 to this release at the Site. <br /> d. Owner/Operator intends to request risk-based, site specific soil and/or <br /> groundwater remediation objectives from Illinois Environmental Protection Agency <br /> ("IEPA") under 35 III. Admin. Code Part 742. <br /> e. Under these rules, use of risk-based, site specific remediation objectives in <br /> the Right-of-Way may require the use of a Highway Authority Agreement as defined in <br /> 35 III. Admin. Code Section 742.1020. <br /> 3. The City stipulates: <br /> The City holds a fee simple interest or a dedication for highway purposes in the <br /> Right-of-Way, or the Right-of-Way is a platted street, and the City has jurisdiction of the <br /> Right-of-Way. As such, the City exercises sole control over the use of groundwater <br /> beneath the Right-of-Way and over access to the soil beneath the Right-of-Way <br /> because a permit is required for said access. <br /> 4. The parties stipulate that: <br /> a. Under 35 III. Admin. Code Section 742.1020, this Agreement is intended to be <br /> an acceptable "Highway Authority Agreement" to IEPA, as the City is willing to agree <br /> that it will not allow the use of groundwater under the highway Right-of-Way as a <br /> potable or other domestic supply of water and that it will limit access as described herein <br /> to soil under the highway Right-of-Way that is contaminated from the release at levels <br /> above residential Tier 1 remediation objectives. <br /> b. The IEPA must review and approve this Agreement, and this Agreement shall <br /> be referenced in the IEPA's "No Further Remediation" letter. <br /> I 2 <br />