9-6-13: ENVIRONMENTAL RISK AUDIT:
   A.   Prior to the conveyance of any land to the Village, library district, fire protection district or school district, the intended grantee shall be furnished with an environmental risk audit prepared by an environmental professional meeting the minimum requirements of 415 Illinois Compiled Statutes 5/22.2(j)(6)(E)(iii), certified to and acceptable to the grantee, assuring the grantee that there are no "hazardous substance(s)" (as defined hereinafter) on, under, to or from the land. Said environmental audit shall be what is commonly referred to as a phase I environmental audit, which shall meet the minimum requirements for a preacquisition audit as set for in 415 Illinois Compiled Statutes 5/22.2(j)(6)(E)(iii)(v).
   B.   In the event the phase I environmental audit does not conclude there is no presence or likely presence of a release or substantial threat of a release of hazardous substance(s) or pesticide on, under, to or from the land, the grantee shall furnish a phase II environmental audit as set forth in 415 Illinois Compiled Statutes 5/22.2(j)(6)(E)(iii)(vi), including a soil toxicity analysis and recommendation from said environmental professional, meeting the minimum requirements of 415 Illinois Compiled Statutes 5/22.2(j)(6)(E)(iii), which concludes that there is no presence or likely presence of a release or substantial threat of a release of hazardous substance(s) on, under, to or from the land, and certifying that, in the judgment of said environmental professional, there is no reasonable probability that the land contains any hazardous substance(s) in violation of any federal or state environmental standards.
   C.   In the event said phase II environmental audit and/or soil toxicity analysis discloses the presence or likely presence of a release or a substantial threat of a release of any hazardous substance(s) at, on, under, to or from the land to the conveyed, the grantor shall first cause all such hazardous substance(s) to be removed at its sole cost and expense in accordance with all federal, state and local environmental laws, rules and regulations and furnish the intended grantee with a "no further remediation letter" from the governmental agencies having jurisdiction over the cleanup prior to conveyance of any of the land to the intended grantee.
   D.   Prior to the conveyance of the land, the subdivider or developer, as the case may be, and the owner of the land to be conveyed, shall execute and deliver to the intended grantee an environmental indemnification agreement, which form has been approved by the Village Attorney, agreeing to defend, indemnify and hold the Village, its corporate authorities, officers, officials, employees, agents, successors and assigns, and the school district, as the case may be, and its respective officers, officials, employees, agents, successors and assigns, harmless from and against any and all liability, claims, damages, causes of action and expenses arising out of the presence of any hazardous substance(s) in, under or upon said land to be conveyed prior to the date of conveyance.
   E.   "Hazardous substance(s)" includes, without limitation:
      1.   Those substances included in the definitions of "hazardous substances", "extremely hazardous substances", "hazardous materials", "toxic substances", "toxic chemicals", "toxic wastes", "hazardous chemicals", "hazardous wastes", "solid waste" and "pesticides" in CERLA, SARA, RCRA, HSWA, TSCA, OSHA, FWPCE, Illinois pesticides act (415 Illinois Compiled Statutes 60/1 et seq.), Illinois responsible property transfer act (765 Illinois Compiled Statutes 90/1 et seq.) and the Illinois hazardous materials transportation act (430 Illinois Compiled Statutes 30/1 et seq.), 49 USC section 1801 et seq., as amended, and as they may be amended in the future, and in the regulations promulgated pursuant to said laws.
      2.   Those substances defined in 415 Illinois Compiled Statutes 5/1003 and in the regulations promulgated pursuant to said act or other Illinois laws pertaining thereto.
      3.   Those substances listed in the U.S. department of transportation table (49 CFR 172.101 and amendments thereto) or by the environmental protection agency (or any successor agency) as hazardous substances (40 CFR part 302 and amendments thereto).
      4.   Such other substances, materials and wastes which are to become regulated under applicable local, state or federal law, or which are classified as hazardous or toxic under federal, state or local laws, ordinances or regulations.
      5.   Any material waste or substance which is: a) asbestos; b) polychlorinated biphenols; c) designated as a hazardous substance pursuant to section 311 of the clean water act, 33 USC section 1251 et seq. (33 USC sec. 1321), or listed pursuant to section 307 of the clean water act (33 USC sec. 1317); d) explosives; or e) radioactive materials.
      6.   For purposes of this section, "hazardous substances" shall include petroleum or its byproducts as regulated under RCRA and any applicable state law or regulations. (Ord. 915, 2-13-2003)