Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart L - BUILDING CONTROL TECHNOLOGIES › Appendix F - Environmental Land Use Control

Current through Register Vol. 48, No. 28, July 12, 2024
PREPARED BY:
Name:
____________________________
____________________________
Address:
____________________________
____________________________
____________________________
RETURN TO:
Name:
____________________________
____________________________
Address:
____________________________
____________________________
____________________________
THE ABOVE SPACE FOR RECORDER'S
				  OFFICE
Model Environmental Land Use
				  Control
THIS ENVIRONMENTAL LAND USE CONTROL ("ELUC"), is made this
				  ______________ day of _______, 20 __________ by _____________________,
				  ("Property Owner") of the real property located at the common address
				  ___________________ ("Property").
WHEREAS, 415 ILCS 5/58.17 and 35 Ill. Adm. Code 742 provide
				  for the use of an ELUC as an institutional control in order to impose land use
				  limitations or requirements related to environmental contamination so that
				  persons conducting remediation can obtain a No Further Remediation
				  determination from the Illinois Environmental Protection Agency ("IEPA"). The
				  reason for an ELUC is to ensure protection of human health and the environment.
				  The limitations and requirements contained herein are necessary in order to
				  protect against exposure to contaminated soil, groundwater, or soil gas that
				  may be present on the property as a result of [
VARIABLE
]
				  activities. Under 35 Ill. Adm. Code 742, the use of risk-based, site-specific
				  remediation objectives may require the use of an ELUC on real property, and the
				  ELUC may apply to certain physical features (e.g., engineered barriers, indoor
				  inhalation building control technologies, monitoring wells, caps, etc.).
WHEREAS, _______________[
the party performing
				  remediation
]______________ intends to
request risk-based, site specific soil, groundwater, or soil
				  gas remediation objectives from IEPA under 35 Ill. Adm. Code 742 to obtain
				  risk-based closure of the site, identified by Bureau of Land
				  ______________[
10-digit LPC or Identification number
]
				  _______________, utilizing an ELUC.
NOW, THEREFORE, the recitals set forth above are incorporated
				  by reference as if fully set forth herein, and the Property Owner agrees as
				  follows:
Date:
____________________________
By:
_______________________________
Director
Section One. Property Owner does hereby establish an ELUC on
				  the real estate, situated in the County of ______________, State of Illinois
				  and further described in Exhibit A attached hereto and incorporated herein by
				  reference (the "Property").
Attached as Exhibit B are site maps that show the legal
				  boundary of the Property, any physical features to which the ELUC applies, the
				  horizontal and vertical extent of the contaminants of concern above the
				  applicable remediation objectives for soil, groundwater, or soil gas and the
				  nature, location of the source, and direction of movement of the contaminants
				  of concern, as required under 35 Ill. Adm. Code 742.
Section Two. Property Owner represents and warrants
he/she
is the current owner of the Property and has the authority
				  to record this ELUC on the chain of title for the Property with the Office of
				  the Recorder or Registrar of Titles in ________________ County,
				  Illinois.
Section Three. The Property Owner hereby agrees, for
himself/herself
, and
his/her
heirs, grantees,
				  successors, assigns, transferees and any other owner, occupant, lessee,
				  possessor or user of the Property or the holder of any portion thereof or
				  interest therein, that [
INSERT RESTRICTION (e.g., the groundwater under
				  the Property shall not be used as a potable supply of water, and any
				  contaminated groundwater or soil that is removed, excavated, or disturbed from
				  the Property described in Exhibit A herein must be handled in accordance with
				  all applicable laws and regulations
)].
Section Four. This ELUC is binding on the Property Owner,
his/her
heirs, grantees, successors, assigns, transferees and any
				  other owner, occupant, lessee, possessor or user of the Property or the holder
				  of any portion thereof or interest therein. This ELUC shall apply in perpetuity
				  against the Property and shall not be released until the IEPA determines there
				  is no longer a need for this ELUC as an institutional control; until the IEPA,
				  upon written request, issues to the site that received the no further
				  remediation determination a new no further remediation determination approving
				  modification or removal of the limitation(s) or requirement(s); the new no
				  further remediation determination is filed on the chain of title of the site
				  subject to the no further remediation determination; and until a release or
				  modification of the land use limitation or requirement is filed on the chain of
				  title for the Property.
Section Five. Information regarding the remediation performed
				  on the Property may be obtained from the IEPA through a request under the
				  Freedom of Information Act [5 ILCS 140 ] and rules promulgated thereunder by
				  providing the IEPA with the 10-digit LPC or identification number listed
				  above.
Section Six. The effective date of this ELUC shall be the
				  date that it is officially recorded in the chain of title for the Property to
				  which the ELUC applies.
WITNESS the following signatures:
Property Owner(s)
By:
______________________________________________________________
Its:
______________________________________________________________
Date:
______________________________________________________________
STATE OF ILLINOIS
)
________________________
) SS:
COUNTY OF
_____________
)
I, ______________________ the undersigned, a Notary Public
				  for said County
and State, DO HEREBY CERTIFY, that
				  ______________and_______________, personally known to me to be the Property
				  Owner(s) of ______________________, and personally known to me to be the same
				  persons whose names are subscribed to the foregoing instrument, appeared before
				  me this day in person and severally acknowledged that in said capacities they
				  signed and delivered the said instrument as their free and voluntary act for
				  the uses and purposes therein set forth.
Given under my hand and official seal, this ___________ day
				  of ____________, 20 _________.
___________________________________
Notary Public
STATE OF ILLINOIS
)
_________________________
) SS:
COUNTY OF
_______________
)
I, _____________________ a notary public, do hereby certify
				  that before me this day in person appeared ________________ , personally known
				  to me to be the Property Owner(s) of ________________ , each severally
				  acknowledged that they signed and delivered the foregoing instrument as the
				  Property Owner(s) herein set forth, and as their own free and voluntary act,
				  for the uses and purposes herein set forth.
Given under my hand and official seal, this_________day
				  of____________, 20____________ .
_________________________________
Notary Public
PIN NO. XX-XX-XXX-XXX-XXXX
_____________________________________________
(Parcel
				  Index Number)
Exhibit A
The subject property is located in the City of __________ ,
				  ____________ County, State of Illinois, commonly known as ________________,
				  _______________, Illinois and more particularly described as:
LIST THE COMMON ADDRESS;
LEGAL DESCRIPTION; AND
REAL
ESTATE TAX INDEX OR PARCEL
				  #
(PURSUANT TO SECTION
				  742.1010(d)(2)
				   )
PIN NO. XX-XX-XXX-XXX-XXXX
Exhibit B
IN ACCORDANCE WITH SECTION
				  742.1010(d)(8)(A)
				  through (D), PROVIDE ALL THE FOLLOWING
				  ELEMENTS. ATTACH SEPARATE SHEETS, LABELED AS EXHIBIT B, WHERE NECESSARY.
(A) A scaled map showing the legal boundary of the
				  property to which the ELUC applies.
(B) Scaled maps showing the horizontal and
				  vertical extent of contaminants of concern above the applicable remediation
				  objectives for soil, groundwater, and soil gas to which the ELUC
				  applies.
(C) Scaled maps showing the physical features to
				  which an ELUC applies (e.g., engineered barriers, indoor inhalation building
				  control technologies, monitoring wells, caps, etc.).
(D) Scaled maps showing the nature, location of
				  the source, and direction of movement of the contaminants of concern.