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)