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

Current through Register Vol. 48, No. 28, July 12, 2024
Highway Authority
				  Agreement
This Agreement is entered into this ________ day of
				  _________, 200 ______ pursuant to 35 Ill. Adm. Code
				  742.1020
				  by and between the (1)___________ ("Property Owner")______________
[or,
				  in the case of a petroleum leaking underground storage tank, the owner/operator
				  of the tank ("Owner/Operator")]
and (2)__________________
Name
				  of Entity in Control of the Right-of-Way
_____________________
				  ("Highway Authority"), collectively known as the "Parties."
[Use this paragraph for sites with petroleum leaking
				  underground storage tank(s)]
WHEREAS,
______________________ 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 that do not have
				  petroleum leaking underground storage tanks]
WHEREAS
,
				  ___________________________ 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;
WHEREAS,
the Owner/Operator or Property Owner 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
				  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 Owner/Operator or Property Owner]
_________
				  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 Owner/Operator or Property Owner]
_________ 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 Owner/Operator or Property Owner]
_________ 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 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
				  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 any of the
				  Parties or any transferee violates any term of this agreement. The Parties 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
Property Owner or Owner/Operator
Bureau of Land
[
Address
]
_____________________________
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:
________________________________
Property Owner or
							 Owner/Operator
________________________________
Date:
__________________________
By:
________________________________
Title
________________________________