Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart L - BUILDING CONTROL TECHNOLOGIES › Appendix E - Highway Authority Agreement Memorandum of Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
Highway Authority Agreement Memorandum
				  of Agreement
This Memorandum of Agreement is entered by and between the
				  Illinois Environmental Protection Agency ("Agency") and ___________
Name
				  of Local Government
__________ ("Highway Authority"), collectively
				  known as the "Parties."
[Use this paragraph for sites with petroleum leaking
				  underground storage tank(s)]
WHEREAS,
the Highway
				  Authority is the owner or operator of one or more leaking underground storage
				  tanks presently or formerly located at __________
common address or
				  description of Site location
___________ ("the Site");
[Use this paragraph for sites where the highway
				  authority is also the property owner)]
WHEREAS,
the
				  Highway Authority is the owner of the property located at
				  ___________
common address or description of Site
				  location
____________ ("the Site");
WHEREAS,
as a result of one or more releases of
				  contaminants [insert either "from the above referenced underground storage
				  tanks" or "at the above referenced Site"] ("the Release(s)"), soil and/or
				  groundwater contamination at the Site exceeds the Tier 1 residential
				  remediation objectives of 35 Ill. Adm. Code 742;
WHEREAS,
the soil and/or groundwater
				  contamination exceeding Tier 1 residential remediation objectives extends or
				  may extend into the Highway Authority's right-of-way adjacent to the
				  Site;
WHEREAS,
the Highway Authority is conducting
				  corrective action in response to the Release(s);
WHEREAS,
the Parties desire to prevent
				  groundwater beneath the Highway Authority's right-of-way that exceeds Tier 1
				  residential remediation objectives from use as a supply of potable or domestic
				  water and to limit access to soil within the right-of-way that exceeds Tier 1
				  residential remediation objectives so that human health and the environment are
				  protected during and after any access;
NOW, THEREFORE,
the Parties agree as
				  follows:
1. The recitals set forth above are incorporated
				  by reference as if fully set forth herein.
2. [Use this paragraph if IEMA has issued an
				  incident number] The Illinois Emergency Management Agency has assigned incident
				  number(s) to the Release(s).
3. Attached as Exhibit A is a scaled map(s)
				  prepared by the Highway Authority that shows the Site and surrounding area and
				  delineates the current and estimated future extent of soil and groundwater
				  contamination above the applicable Tier 1 residential remediation objectives as
				  a result of the Release(s). [Use the following sentence if either soil or
				  groundwater is not contaminated above applicable Tier 1 residential remediation
				  objectives: [Soil] [Groundwater] is not contaminated above the applicable Tier
				  1 residential remediation objectives.]
4. Attached as Exhibit B is a table(s) prepared by
				  the Highway Authority that lists each contaminant of concern that exceeds its
				  Tier 1 residential remediation objective, its Tier 1 residential remediation
				  objective and its concentrations within the zone where Tier 1 residential
				  remediation objectives are exceeded. The locations of the concentrations listed
				  in Exhibit B are identified on the map(s) in Exhibit A.
5. Attached as Exhibit C is a scaled map prepared
				  by the Highway Authority showing the area of the Highway Authority's
				  right-of-way that is governed by this agreement ("Right-of-Way"). Because
				  Exhibit C is not a surveyed plat, the Right-of-Way boundary may be an
				  approximation of the actual Right-of-Way lines.
6.
[Use this paragraph if samples have not
				  been collected within the Right-of-Way, sampling within the Right-of-Way is not
				  practical, and contamination does not extend beyond the Right-of-Way]
.
				  Because the collection of samples within the Right-of-Way is not practical, the
				  Parties stipulate that, based on modeling, soil and groundwater contamination
				  exceeding Tier 1 residential remediation objectives does not and will not
				  extend beyond the boundaries of the Right-of-Way.
7. The Highway Authority stipulates it has
				  jurisdiction over the Right-of-Way that gives it sole control over the use of
				  the groundwater and access to the soil located within or beneath the
				  Right-of-Way.
8. The Highway Authority agrees to prohibit within
				  the Right-of-Way all potable and domestic uses of groundwater exceeding Tier 1
				  residential remediation objectives.
9. The Highway Authority further agrees to limit
				  access by itself and others to soil within the Right-of-Way exceeding Tier 1
				  residential remediation objectives. Access shall be allowed only if human
				  health (including worker safety) and the environment are protected during and
				  after any access. The Highway Authority may construct, reconstruct, improve,
				  repair, maintain and operate a highway upon the Right-of-Way, or allow others
				  to do the same by permit. In addition, the Highway Authority and others using
				  or working in the Right-of-Way under permit have the right to remove soil or
				  groundwater from the Right-of-Way and dispose of the same in accordance with
				  applicable environmental laws and regulations. The Highway Authority agrees to
				  issue all permits for work in the Right-of-Way, and make all existing permits
				  for work in the Right-of-Way, subject to the following or a substantially
				  similar condition:
As a condition of this permit the permittee shall
				  request the office issuing this permit to identify sites in the Right-of-Way
				  where a Highway Authority Memorandum of Agreement governs access to soil that
				  exceeds the Tier 1 residential remediation objectives of 35 Ill. Adm. Code 742.
				  The permittee shall take all measures necessary to protect human health
				  (including worker safety) and the environment during and after any access to
				  such soil.
10. This agreement shall be referenced in the
				  Agency's no further remediation determination issued for the Release(s).
11. The Agency shall be notified of any transfer
				  of jurisdiction over the Right-of-Way at least 30 days prior to the date the
				  transfer takes effect. This agreement shall be null and void upon the transfer
				  unless the transferee agrees to be bound by this agreement as if the transferee
				  were an original party to this agreement. The transferee's agreement to be
				  bound by the terms of this agreement shall be memorialized at the time of
				  transfer in a writing ("Rider") that references this Highway Authority
				  Memorandum of Agreement and is signed by the Highway Authority, or subsequent
				  transferor, and the transferee.
12. This agreement shall become effective on the
				  date the Agency issues a no further remediation determination for the
				  Release(s). It shall remain effective until the Right-of-Way is demonstrated to
				  be suitable for unrestricted use and the Agency issues a new no further
				  remediation determination to reflect there is no longer a need for this
				  agreement, or until the agreement is otherwise terminated or voided.
13. In addition to any other remedies that may be
				  available, the Agency may bring suit to enforce the terms of this agreement or
				  may, in its sole discretion, declare this agreement null and void if the
				  Highway Authority or a transferee violates any term of this agreement. The
				  Highway Authority or transferee shall be notified in writing of any such
				  declaration.
14. This agreement shall be null and void if a
				  court of competent jurisdiction strikes down any part or provision of the
				  agreement.
15. This agreement supersedes any prior written or
				  oral agreements or understandings between the Parties on the subject matter
				  addressed herein. It may be altered, modified or amended only upon the written
				  consent and agreement of the Parties.
16. Any notices or other correspondence regarding
				  this agreement shall be sent to the Parties at following addresses:
Manager, Division of Remediation Management
Bureau of Land
Illinois Environmental Protection Agency
P.O. Box 19276
Springfield, IL 62974-9276
[Contact at Highway
							 Authority]
_________________________________
[Address]
_________________________________
_________________________________
_________________________________
IN WITNESS WHEREOF
, the Parties have caused this
				  agreement to be signed by their duly authorized representatives.
[NAME OF LOCAL GOVERNMENT]
_________________________________
Date:
____________________________
By:
_________________________________
Its:
_________________________________
ILLINOIS ENVIRONMENTAL PROTECTION
							 AGENCY
Date:
____________________________
By:
_________________________________
Director