For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT.
The Environmental Protection Act, ILCS Ch. 415, Act 5, and any amendments thereto.
CITY.
The City of Paxton, Illinois.
CONSULTANT.
An engineer, licensed in the State of Illinois, who is qualified as an expert to render an opinion as to the extent and nature of risks posed to persons or the environment by various forms of contamination from hazardous substances, and as to the efficacy and adequacy of proposals to mitigate or otherwise address those risks; or an entity having on its staff one or more engineers having the qualifications provided herein.
CONTAMINATED GROUNDWATER OR SOIL.
Groundwater or soil containing concentrations of hazardous substances as defined in the Illinois Administrative Code.
HAZARDOUS SUBSTANCE.
Any substance defined as a hazardous substance in ILCS Ch. 415, Act 5, § 3.14, and any petroleum or petroleum products.
HIGHWAY AUTHORITY AGREEMENT.
An agreement entered into between an owner/operator and the city to provide an institutional control that is acceptable to the Illinois Environmental Protection Agency, and in compliance with the provisions of the Illinois Administrative Code, for the purpose of avoiding the need for immediate remediation of contaminated groundwater or soil on or under the right-of-way.
ILLINOIS ADMINISTRATIVE CODE.
Refers to Title 35, Subtitle G, of the Illinois Administrative Code, and any amendments thereto.
INSTITUTIONAL CONTROL.
A legal mechanism for imposing a restriction on land use in order to protect people and the environment from harmful exposure to contaminated groundwater or soil that is left in place.
OWNER/OPERATOR.
Any person, trust, partnership, corporation or other entity that is legally responsible for the remediation of contaminated groundwater or soil at a particular site under the pertinent provisions of the Act because of that person or entity's ownership or control of the real property and/or facilities at the site.
PROPERTY.
The real property where the release of contaminants giving rise to the need for the proposed highway authority agreement occurred.
RELEASE OF CONTAMINANTS ON THE PROPERTY.
The release of hazardous substances on the property that gave rise to the requirement, under the Illinois Administrative Code, to institute an institutional control, such as the proposed highway authority agreement, in order to avoid the need for immediate remediation of contaminated groundwater or soil on the right-of-way adjacent thereto.
REMEDIATION OF CONTAMINATED GROUNDWATER OR SOIL.
The identification and proper removal and disposal of contaminated groundwater or soil in compliance with the pertinent provisions of the Act and the Illinois Administrative Code.
RIGHT-OF-WAY.
Any streets, highways, sidewalks, alleys, parkways or other thoroughfares or property adjacent thereto, over which the city has jurisdiction, and that is generally open for public use.
SUPPLEMENTAL AGREEMENT.
An agreement entered into between an owner/operator and the city to address future issues between the city and the owner/operator when contamination is left in the public right-of-way. The purpose of the
SUPPLEMENTAL AGREEMENT
is to supplement the parties rights and obligations provided in the highway authority agreement.
SUPERINTENDENT.
The Superintendent of Streets and Alleys for the City of Paxton, or the Superintendent's designee.
(Ord. 10-33, passed 10-11-10)
(A) Requirements generally. Any owner/operator requesting that the City enter into a highway authority agreement shall submit to the Superintendent the following:
(1) A written application requesting the same (hereinafter the "application");
(2) A certified check or money order in the amount of $1,250 as an application fee, this fee is non-refundable;
(3) A certified check or money order in the sum of $1,500, to pay the minimum fee of the City to hire a consultant. The minimum fee to be charged by the City to the owner/operator for the costs of hiring a consultant to review the application for the highway authority agreement and the supplement agreement shall be $1500; and
(4) An executed preliminary agreement, hereinafter "preliminary agreement", on a form provided by the Superintendent. The preliminary agreement shall, at a minimum:
(a) Commit the city to make a good faith effort to evaluate whether entering into and implementing the agreement will pose any significant risk of harm to persons or the environment; and
(b) Commit the owner/operator to compensate the city up to a predetermined amount, above and beyond the minimum fee set forth for the costs of hiring a consultant to review the application in the manner set forth in § 54.03. The Mayor shall establish said pre-determined amount for each application, in consultation with the Superintendent, in order to reasonably anticipate the consultant costs that will be incurred for that application. The fee shall consider and include the cost to the city of entering into a supplemental agreement.
(B) Contents of application. The application shall include, at a minimum, the following:
(1) A legal description of and common street address for the property;
(2) A draft of a proposed highway authority agreement; and
(3) Any and all documents, including any reports and any drawings, pertaining to any testing performed on the property and in the immediate vicinity of the property, which disclosed the contamination that is the subject of the proposed highway authority agreement.
(Ord. 10-33, passed 10-11-10)
(A) Hiring a consultant. Upon receipt of a completed application for a highway authority agreement, administrative fee and executed preliminary agreement described in the proceeding section, the Superintendent shall hire a consultant for the purpose of evaluating and making recommendations regarding said application, and the necessity of entering into a supplemental agreement.
(B) (1) Consultant's responsibilities. The Superintendent shall direct the consultant to provide a written report to the Superintendent regarding the risks posed to persons or the environment by the contamination of the property and the surrounding right-of-way. The report shall at a minimum contain the following:
(a) An assessment regarding the extent and nature of the risk of harm to persons or the environment, posed by the release of contaminants on the property;
(b) An assessment regarding whether there is any significant risk to persons or the environment if the proposed highway authority agreement, or an agreement substantially similar to the same, is executed and properly implemented by the owner/operator and the city; and
(c) An outline of items to be included in a supplemental agreement;
(2) If the consultant determines, after receipt of the application and documents accompanying the same, that additional information is needed from the owner/operator, the consultant shall specify in writing to the Superintendent, what additional information is needed from the owner/operator, and the Superintendent shall forward said request to the owner/operator.
(C) After having received and reviewed a written report from the consultant containing the information described in division (B) of this section, and based on information contained in the report and any other pertinent information available to the Superintendent, the Superintendent shall determine whether it is in the best interest of the public that the proposed highway authority agreement be executed by the city. Based on that determination, the Superintendent shall recommend in writing that the Mayor either execute or decline to execute the proposed highway authority agreement.
(D) After having received and reviewed the Superintendent's recommendation, the Mayor shall return an executed agreement to the owner/operator, or shall submit a letter to the owner/operator explaining why the city has determined that it is not in the best interest of the public to execute the agreement. No action by the City Council shall be required to authorize the Mayor to execute the agreement.
(Ord. 10-33, passed 10-11-10)
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