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O-12-39VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -12 -39 AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WITHIN A CERTAIN AREA OF DEERFIELD, ILLINOIS WHEREAS, the property commonly known as 683 Waukegan Road in the Village of Deerfield, Illinois, has been used over a period of time for commercial /industrial dry cleaning purposes; and, WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater under and near said property may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code Part 620, or Tier I Residential Remediation Objectives as set forth in 35 Illinois Administrative Code Part 742; and, WHEREAS, the Village of Deerfield desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of the subject property; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: Recitals Incorporated: The above and foregoing Recitals, being material to this Ordinance, are hereby incorporated and made a part of this Ordinance as if fully set forth herein. Limited Groundwater Ordinance Merit Cleaners 683 Waukegan Road, Deerfield, IL April 9, 2012 SECTION 2: Use of Groundwater As a Potable Water Supply Prohibited: The use or attempt to use as a potable water supply groundwater from within that area of the Village of Deerfield described on Exhibit "A" attached hereto and made a part hereof by the installation or drilling of wells or by any other method is hereby prohibited. This prohibition applies to governmental bodies, including the Village of Deerfield. SECTION 3: Definitions: For purposes of this Ordinance, the following terms shall have the following meanings: (a) "Person" is any individual, partnership, co- partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision or any other legal entity, or their legal representatives, agents or assigns. (b) 'Potable Water" is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. SECTION 4: Penalties: Any person violating the provisions of this Ordinance shall be subject to a fine of up to Five Hundred Dollars ($500.00) for each violation, and each day such violation continues shall constitute a separate offense. SECTION 5: Repealer: All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed insofar as they are in conflict with this Ordinance. SECTION 6: Severability: If any provision of this Ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the Ordinance as a whole or of any portion not adjudged invalid. 2 of 3 Limited Groundwater Ordinance Merit Cleaners 683 Waukegan Road, Deerfield, IL April 9, 2012 SECTION 7: Full Force and Effect: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED this 3rd day of December , 2012 AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None ABSENT: None ABSTAIN: None APPROVED this 3rd day of December '2012. ATTEST: Village Clerk Village President 3 of 3 - -- a, l r _ r OR JiL Aj Is WA� iik k xp , �. POINT .� fe N_ I -k%Z %W4500 SCALE IN FEET HIGHLAND PARK SITE LOCATION QUADRANGLE, ILLINOIS (SAME AS CENTER i i , ,m. r q� POINT) 7.5 MINUTE SERIES MERIT CLEANERS (TOPOGRAPHIC) 683 WAUKEGAN ROAD DEERFIELD, IL 60015 EXHIBIT A Supplemental Agreement Merit Cleaners 683 Waukegan Road, Deerfield, IL September 30, 2011 TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES SUPPLEMENTAL AGREEMENT This Tiered Approach to Corrective Action Objectives Supplemental Agreement ( "Supplemental Agreement "), is made to establish obligations of Andreas Eliopoulos as Trustee of the Andreas Eliopoulos Declaration of Trust and Agreement establishing the Andreas Eliopoulos Revocable Trust Dated February 4, 1998 and Kathy Eliopoulos as Trustee of the Kathy Eliopoulos Declaration of Trust and Agreement establishing the Kathy Eliopoulos Trust Dated February 4, 1998 (the "Property Owner ") and Chong Mi Kim, doing business as Merit Cleaners is the lessee of a portion of the property herein described ( "Merit "), and is entered into this day of , 2012, by and between Property Owner, Merit, and the Village of Deerfield, an Illinois municipal corporation (the "Village "). RECITALS: A. Property Owner is the owner of the property commonly known as 675 Waukegan Road, Deerfield, Illinois and legally described on Exhibit A attached hereto (the "Site "). B. Merit Cleaners ( "Merit"), lessee, operates a dry cleaning business on the Site which is responsible for the release of Contaminants from the Site. C. Merit is pursuing a Corrective Action of the Site resulting from the release of Contaminants from the site. The Illinois Environmental Protection Agency (EPA) Site Remediation Program (SRP) utilizes IEPA identification number (LPC #) 0974345014 to identify the release at the Site ( "incident). D. "Corrective Action" as used in this Supplemental Agreement means the cleanup or removal of Contaminants (as defined in Paragraph E below) from soil or groundwater under the building on the Site depicted on Exhibit B attached hereto and /or within the area 1 Supplemental Agreement Merit Cleaners 683 Waukegan Road, Deerfield, IL. September 30, 2011 depicted in the Limited Area Groundwater Use Restriction Ordinance (the "LGWO ") attached hereto as Exhibit such that the impacted soil or groundwater will be in compliance with Illinois Pollution Control Board ( "IPCB ") Tier II site specific standards pursuant to 35 111. Adm. Codc Part 742 as approved by the Illinois Enviromnental Protection Agency (the "[EPA "), or if such impacted soil or groundwater is not located within an IEPA approved LGWO, will be in compliance with IPCB Tier I residential standards. E. Attached to the LGWO is a drawing prepared by Merit which depicts the maximum area of soil and/or groundwater impacted by the concentration of contaminants of concern released from the Site ( "Contaminants "). The Contaminants are estimated to exceed the Tier I residential levels under 35 Illinois Administrative Code Part 742. The Contaminants associated with this are those contaminants of concem associated with dry cleaning activities: tetrachloroethylene, trichloroethylene, cis- l,2- dichloroethylene, trans- l,2- dichloroethyleue and vinyl chloride. F. Merit has represented that the Contaminants are currently contained within the Site, and that the area of the Site and the area covered by the LGWO are adequate to encompass the soil and /or groundwater possibly impacted with Contaminants. G. Merit intends to request risk - based, site specific soil and/or groundwater remediation objectives from the IEPA under 35 Ill. Adm. Code Part 742. Under these rules, use of risk - based, site - specific remediation objectives may require Deerfield to adopt a Limited Area Groundwater Use Restriction Ordinance as defined in 35 111. Adm. Code, Section 742.0115 (the "LGWO"). H. The Village holds easements for utility purposes in the adjacent right -of- way of Waukegan Road and within the area covered by the LGWO (the "Rights -of- Way ") and now 2 Supplemental Agreement Merit Cleaners 683 Waukegan Road, Deerfield, IL September 30, 2011 has or will have public utilities within the Rights -of -Way. 1. For purposes of this Supplemental Agreement, the Village exercises access control over the use of groundwater within the Rights -of -Way and within the area depicted in the LGWO. J. This Supplemental Agreement is intended to establish the undertakings of Property Owner and Merit to the Village for the purpose of providing the LGWO to the [EPA which establishes that the Village is willing to agree that it will not allow the use of groundwater within the LGWO depicted area which is under its jurisdiction as a potable or other domestic supply of water. Now, Therefore, in consideration of the premises, and of the terms and conditions contained within this Supplemental Agreement, it is hereby agreed by and between the Property Owner, Merit and the Village of Deerfield as follows: 1. Incorporation of Recitals. The above and foregoing recitals, being material to this Agreement, are incorporated and made a part of this Agreement as if fully set forth herein. 2. IEPA Approval of LGWO. This Supplemental Agreement shall be null and void if the IEPA does not approve the LGWO. 3. Indemnification of Village. Except for the negligent acts or omissions of the City, its agents, and employees, Property Owner and Merit agree to defend, indemnify and hold hannless the Village and its officers, agents, contractors, permitees and employees from and against any and all losses, liabilities, penalties, damages, claims, judgments and actions, including attorneys' fees and court costs, arising directly or indirectly out of or in any way associated solely with the Incident and release of Contaminants from the Site. 4. Village Cost Reimbursement. Property Owner and Merit agree to reimburse the Village for the reasonable costs it has incurred in investigating the request by 3 Supplemental Agreement Merit Cleaners 683 Waukegan Road, Deerfield, IL September 30, 2011 Merit for the LGWO and in reviewing this Supplemental Agreement, including reasonable attorneys' fees, in an amount not to exceed $6,000.00. 5. Binding Effect of Agreement; This Supplemental Agreement shall be binding upon all grantees or successors in interest to Property Owner, and upon all successor owners of the Site. 6. No Assignment without Village Consent. Property Owner shall not assign or transfer this Supplemental Agreement or any interest in this Supplemental Agreement without first obtaining the Village's written consent, which shall not be uiueasonably refused. 7. Voidance of Agreement. Violation of the terms of this Supplemental Agreement by Property Owner or Merit, or its grantees or successors in interest, after notice received from the Village and failure to cure, may be grounds for voidance of this Supplemental Agreement by the Village. 8. Removal of IEPA Approved Land Use Control. This Supplemental Agreement shall continue in effect from the date hereof until the IEPA, upon written request by Property Owner and with notice to the Village, has amended the notice in the chain of title of the Site to reflect unencumbered future use of the groundwater within the area of the LGWO. 9. Village Work in the Right -of -Way. This Supplemental Agreement does not limit the Village's ability to construct, reconstruct, improve, repair, maintain and operate utility and /or streetscape facilities within the Rights -of -Way (the "Work "), or to allow others to use the Rights -of -Way by permit. The Village reserves the right, and the right of those using its utility facilities and easements within the Rights -of -Way under contract, license or permit, to manage, move, remove and dispose of contaminated soil or groundwater, as may be reasonably necessary for the Work from, at, in, under or near those portions of the Rights -of -Way in which Contaminants 4 Supplemental Agreement Merit Cleaners 683 Waukegan Road, Deerfield, IL September 30,2011 exceed the Tier I residential remediation objectives and to dispose of such Contaminants, all as the Village or those using its property deem appropriate and not inconsistent with applicable environmental regulations ( "Remediation Activity "). For purposes of this Supplemental Agreement, there is a rebuttable presumption that all Contaminants and only the Contaminants found at, on, under or within the maximum area of contaminant impacted soil or groundwater indicated on the LGWO are attributable to one or more releases of Contaminants by or from the Site. 10. Notice of Work within Right -of -Way. Prior to taking any Remediation Activity, or prior to engaging in Work which might require Remediation Activity, the Village will: (i) give Property Owner and Merit not less than thirty (30) days' advance written notice (unless there is an immediate threat to the health or safety to any individual or to the public) that it intends to engage in Work in or near the Right -of -Way within which it has located or intends to locate public utilities and/or streetscape facilities which might require Remediation Activity, or (ii) after the Village has commenced Work, give Property Owner and Merit not less than ten (10) days' advance written notice (unless there is an immediate threat to the health or safety to any individual or to the public) that it intends to undertake Remediation Activity to the extent necessary for the Work. Following such notice, Property Owner and Merit and Village shall engage in a good faith collaborative process in an attempt to arrive at a consensus approach to managing, moving, removing, disclosing or remediating the contaminated soils and/or groundwater at, in, under or near the Rights -of -Way. The failure of the Village to give notice is not a violation of this Supplemental Agreement; provided, however, that if Property Owner and Merit is not given notice pursuant to this Paragraph 10, the Village may not seek reimbursement under this Agreement for its fees and costs in excess of Thirty Thousand Dollars ($30,000.00). 5 Supplemental Agreement Merit Cleaners 683 Waukegan Road, Deerfield, EL September 30, 2011 11. Courtesy Notice of Work. If the Village determines, in its sole discretion, that there is an immediate threat to the health or safety to any individual or to the public, or that there is an immediate need to perform Work in order to investigate, maintain or restore utility services and /or strectscape facilities, it is agreed that the Village will provide notice to Property Owner and Merit of such immediate need, as practical, prior to performing such Work, although notice in such circumstances is not required under Paragraph 10 and shall be considered a courtesy under this Supplemental Agreement. 12. Remediation Activity by Property Owner and Merit. If agreeable to the Village following such good faith negotiations, Property Owner and Merit may elect to perform, at its cost, the agreed upon site investigation and Remediation Activity and Property Owner and Merit shall, at its cost, procure all necessary permits and shall post a completion bond in the amount of the work to be performed prior to commencing such work. If as a result of these negotiations the Village and Property Owner and Merit are unable to reach a consensus, it is agreed that the Village will manage and perform the Remediation Activity and Property Owner and Merit will reimburse the Village for all reasonable costs and fees incurred by the Village for such site investigation and Remediation Activity, including reasonable attorneys' fees, within forty -five (45) days of an invoice from the Village. The failure of Property Owner or Merit to provide reimbursement to the Village within forty -five (45) days of receipt of an invoice from the Village issued in accordance with and pursuant to this paragraph shall be grounds for repealing the LGWO. 13. General Provisions. A. Notices. All notices required or permitted to be given under this Agreement shall be given in writing to the parties at the addresses specified herein, either by: (i) personal delivery, (ii) deposit in the United States mail, enclosed in a sealed envelope with first class 6 Supplemental Agreement Merit Cleaners 683 Waukegan Road, Deerfield, IL September 30, 2011 postage thereon, or (iii) deposit with a nationally recognized overnight delivery service. The address of either party stated below may be changed by written notice to the other party. Any mailed notice shall be deemed to have been given and received within three (3) days after the same has been mailed and any notice given by overnight courier shall be deemed to have been given and received within twenty -four (24) hours after deposited with such overnight courier. Notices shall be addressed to the parties at the following addresses: If to Village of Deerfield: Village of Deerfield 465 Elm Street Deerfield, IL 60015 Attn: Village Engineer If to Merit: Chong Mi Kim Merit Cleaners 683 Waukegan Road Deerfield, IL 60015 If to Property Owner: Andreas Eliopoulos 2940 West Catalpa Chicago, IL 60625 B. Severability. This Supplemental Agreement is entered into by the Village, and the LGWO is adopted by the Village, in recognition of laws passed by the Illinois General Assembly and regulations adopted by the IPCB which encourage a tiered approach to remediating environmental contamination. In the event that any provision of this Supplemental Agreement is struck down as beyond the authority of the Village, this Supplemental Agreement shall be null and void, except that the indemnification provided in Paragraph 3 shall survive. C. Amendments. No amendment or modification to this Supplemental Agreement shall be effective unless and until it is reduced to writing and executed by the parties. D. Binding Effect. This Agreement shall be binding upon the parties assigns 7 C Supplemental AV!'ee:neat Merit Cleaners 683 Waukegan koad, D-erfield, IL September 30, 2011 and/or successors in interest. IN WITNESS WHEREOF, Property Owner, Merit, and the Village of Deerfield have caused this Atli cment to be signed by their duly authorized representatives as of the date and year first above PROPERTY OVVN; -'R By: Name: -i .Nfb . 5 1EJL10P0V105 Title:_ -LAOf t- ATTEST.- atz�e: I�l-w ►�+`j Eft 0 POU �c�S Title: Oid IlkJ C (L MERIT: By:�L��ti !C Name( QA) .._._ F� Title: DWNE -(-. ATTEST: Name: Title: VILLAGE OF DEERFIELD By: Name: Harr i e� K o5eA *ro-k Title: a y ATTEST: 8 T B y: Kent S. Street, Village Clerk Supplemental Agreement Merit Cleaners 683 Waukegan Road, Deerfield, IL September 30, 2011 ENGINEERED BARRIER (60' X 55' . CONCRETE) 9G C9 2 '90 REMEDIATION SITE REMEDIATION SITE So OG� i REMEDIATION SITE / (8,100 ft') (0.186 acres) C \ \'\ �gy ASPHALT-PAVED �s PARKING LOT OG� i 0 \/ / ASPHALT -PAVED PARKING LOT c N W E S GASOLINE STATION / �E�MPN Pv�N�E as SCALE IN FEET / 0' 60' LEGAL DESCRIPTION: LOT 52 IN GOLDMAN'S NORTH SHORE GOLF LINKS SUBDIVISION IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 7, 1924, AS DOCUMENT 241049, IN BOOK "N" OF PLAT, PAGE 7, IN LAKE COUNTY, ILLINOIS. COMMONLY KNOWN AS: 675 WAUKEGAN ROAD, DEERFIELD, ILLINOIS PROPERTY INDEX NUMBER: 16 -33- 102 - 030 -0000 SCALE IN FEET 0' 20' N W�E S sea p MWS OVERHEAD / ELECTRICAL AND PHONE LINES N °m 9 p O� N SB10 p MW7 3ASIN / QUMPSTER LAMP POST (TYPICAL)