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O-13-21
VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-13-21 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 2 Waukegan Road in the Village of Deerfield, Illinois, has been used over a period of time for commercial/industrial 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 properties that are the source of said chemical constituents in that area of the Village adjacent to 2 Waukegan Road as is more fully depicted on Exhibit A attached hereto and made a part hereof; 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. SECTION 2: Use of Groundwater As a Potable Water Supply Prohibited: The use or attempt to use groundwater as a potable water supply within the corporate limits of the Village of Deerfield within that area of the Village adjacent to 2 Waukegan Road as depicted on Exhibit "A" attached hereto 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. 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. -2- PASSED this 17th day of J1111p _ 2013. AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 17th day of ATTEST: illage Cler Village President -3- 2013. ` 1633404034 ` . � - 1633404033 - - ~ TRUE NORTH STATION #1917 1633400018 co ce) co `-- -- o ~ 1633400015 LAKE COOK ROAD . / 040420000` /1633400019 `0404201018 |0404200014, . O4O42OOO1r . ` ` \ ` ` ` -------- I�� PROPERTY BOUNDARY MONITORING WELL LOCATION SOIL BORING Lmoxrmw GROUNDWATER ORDINANCE AREA (k NOTE: BASE MAP PROVIDED a,SHELL NORTH O 100 200 400 SCALE IN FEET EXHIBIT A TIERED APPROACH TO CORRECTIVE -ACTION OBJECTIVES SUPPLEMENTAL AGREEMENT This Supplemental Agreement ("Supplemental Agreement") to establish obligations of True North Energy LLC ("TN") is entered into this i r day of �, 2013, by and between TN and the Village of Deerfield, Illinois ("Village"), as follows: 1. The duly authorized representatives of TN have signed this Supplemental Agreement. This Supplemental Agreement is binding upon the parties, their successors and assigns upon execution by the Village. This Supplemental Agreement shall be null and void if the Village does not approve the attached Highway Authority Agreement ("HAA") [Attachment 1] or if the Illinois Protection Agency ("IEPA") does not approve the Limited Area Groundwater Use Restriction Ordinance ("LGWO") [Attachment 2] (as defined below) as an institutional control for the Site and the closure of the Incident (as defined below). 2. TN is the owner and operator of the gasoline underground storage tanks and the automobile service station facility located on the property commonly known as 2 Waukegan Road, Deerfield, Illinois and legally described on Exhibit A attached hereto (the "Site"). 3. TN is pursuing a corrective action of the Site and of the rights -of -way adjacent thereto (the "Right -of -Way"), as depicted on Exhibit C to the HAA as set forth below. "Corrective action" means the clean-up or removal of Contaminants (as defined in Paragraph 4 below) from soil or groundwater under an impermeable surface beneath the Right -of -Way depicted on Exhibit C attached to the HAA, or within the area depicted in the LGWO, 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 Ill. Administrative Code Part 742 as approved by the IEPA, or if such impacted soil or groundwater is not located under an IEPA approved impermeable surface pursuant to an IEPA approved HAA, or within an IEPA approved LGWO, will be in compliance with IPCB Tier I residential standards. 4. Attached to the HAA as Group Exhibit B are tables prepared by TN showing the concentration of contaminants of concern ("Contaminants") in soil and/or groundwater within the Site, and which show the applicable Tier I soil remediation objectives for residential property and Tier I objectives for groundwater of the Illinois Pollution Control Board ("IPCB"). Attached to the HAA as Exhibit C is a drawing prepared by TN which depicts the Right -of -Way and which shows TN's maximum area of Contaminant impacted soil and/or groundwater where, at the time of this Supplemental Agreement, Contaminants are estimated to exceed the Tier I residential levels under 35 Ill. Admin. Code Part 742. As the drawings in the Exhibits are not surveyed plats, the: boundary of the Right -of -Way in the Exhibits may be an approximation of the actual Right -of -Way lines. It is impracticable to sample the Right -of -Way for Contaminants; however, TNT has represented to Village that the area of the Right -of -Way is adequate to encompass soil and/or groundwater within the Right -of -Way possibly impacted with Contaminants from a release at the Site. 5. The Illinois Emergency Management Agency has assigned incident number 20080899 to the release at the Site ("Incident"). 6. TN intends to request risk -based, site specific soil and/or groundwater remediation objectives from the Illinois Environmental Protection Agency ("IEPA") under 35 Ill. Admin. Code Part 742. 7. Under these rules, use of risk -based, site specific remediation objectives in the Right - of -Way may require the use of a Highway Authority Agreement as defined in 35 Ill. Admin. Code Section 742.1020 and a Limited Area Groundwater Use Restriction Ordinance as defined in 35 Ill. Admin. Code Section 742.1015. 8. The Village holds an easement for utility purposes in the Right -of -Way or some parts of the Right -of -Way, or the Right -of -Way is a platted street, and has jurisdiction of such Right - of -Way or parts thereof, or the Village now has or will install public utilities within the Right -of - Way which may be under the jurisdiction of other governmental entities. For purposes of this Supplemental Agreement, "jurisdiction" means that the Village exercises access control over the use of groundwater beneath the Right -of -Way and the area depicted in the LGWO and over access to the soil beneath the Right -of -Way because it requires a permit for that access or the Village has public utilities within the Rights -of -Way which are under the jurisdiction of other governmental entities. 9. This Supplemental Agreement is intended to establish to the Village the undertakings of TN for the purpose of providing the HAA and the LGWO in the form required by the IPCB to the IEPA which establishes that the Village is willing to agree that it will not allow the use of groundwater within the LGWO depicted area and under the highway Rights -of - Way which is under its jurisdiction as a potable or other domestic supply of water and that it will limit access to soil under the Right -of -Way which is under its jurisdiction as described herein. 10. This Supplemental Agreement shall be null and void should the IEPA not approve the HAA and/or the LGWO or should this Supplemental Agreement not be referenced in the "No Further Remediation" determination; provided, however, that TN's agreement in Paragraph 12 to defend and indemnify the Village and to reimburse the Village for certain costs shall not be null and void. 11. The Village has agreed to certain obligations in the HAA as set forth in paragraphs 6 through 12 of that document subject to the terms of this Supplemental Agreement. 12. TN agrees to defend, indemnify and hold harmless the Village, the Village's officers, agents, contractors, permittees and employees, and other highway authorities, if any, that own or have maintenance jurisdiction over the Right -of -Way or some parts of the Right -of - Way by an agreement with the Village or otherwise, from and against any losses, liabilities, penalties, damages, claims, judgments and actions, including attorney's fees and court costs, arising directly or indirectly out of , or in any way associated with, the release of Contaminants from the Site or the existence of Contaminants in the Right -of -Way or in the rights -of -way under the jurisdiction of other governmental agencies. This Paragraph shall survive the termination of this Supplemental Agreement. 2 13. TN agrees to reimburse the Village for the reasonable costs it has incurred, if any, prior to the execution of this Supplemental Agreement in protecting human health and the environment including, but not limited to, identifying, investigating, handling, storing and disposing of contaminated groundwater and soils in the Right -of -Way as a result of the release of Contaminants at this Site related to the Incident. Further, TN agrees to reimburse the Village for the reasonable costs it has incurred in investigating the request by TN for the HAA and LGWO and in reviewing this Supplemental Agreement, including reasonable attorney's fees, in an amount not to exceed $7,000.00. Further, TN agrees to reimburse the Village for the reasonable costs it incurs for replacing any Village water or sewer pipes that have been exposed to Contaminants with water or sewer pipes, fittings and gaskets that are not pervious to entry by Contaminants and that will not be adversely impacted by exposure to Contaminants. 14. This Supplemental Agreement shall be binding upon all grantees or successors in interest to TN and upon all successors to the interest of the Village in the highway Right -of -Way. A successor in interest of the Village would include, without limitation, a highway authority to which the Village would transfer jurisdiction of the highway. 15. TN shall not assign or transfer this Supplemental Agreement or any interest in this Supplemental Agreement without first obtaining the Village's written consent, which consent shall not be unreasonably refused. 16. Violation of the terms of this Supplemental Agreement by TN, or its grantees or successors in interest, may be grounds for voidance of this Supplemental Agreement and the HAA by the Village. 17. This Supplemental Agreement shall continue in effect from the date hereof until: (a) the Right -of -Way is demonstrated to be suitable for unrestricted use; (b) there is no longer a need for the HAA; and (c) the IEPA, upon written request by TN 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 highway Right -of -Way and the ground water within the area of the LGWO. 18. Neither this Supplemental Agreement nor the HAA limits the Village's ability to construct, reconstruct, improve, repair, maintain and operate a highway or utility facilities upon its property, within the Right -of -Way or within the rights -of -way under the jurisdiction of other governmental entities ("Work") or to allow others to use the highway Right -of -Way by permit. The Village reserves the right, and the right of those using its property under 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 its Right -of -Way in which Contaminants exceed the Tier 1 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 ("Remcdiation Activity"). For purposes of this Supplemental Agreement, there is a rebuttable presumption that all Contaminants found at, on, under or within the maximum area of Contaminant impacted soil and/or groundwater indicated on Exhibit C to the HAA or the LGWO are attributable to one or more releases of contamination by or from the Site or from TN's USTs and UST piping at the Site. 3 19. Prior to taking any Remediation Activity, or prior to engaging in Work which might require Remediation Activity, the Village will: (i) give TN not less than thirty (30) days advance written notice (unless there is an immediate threat to the health or safety of any individual or to the public) that it intends to engage in Work in or near the Right -of -Way or Rights -of -Way within which it has located or intends to locate public utilities which might require Remediation Activity, or (ii) after Village has commenced Work, give TN not less than ten (10) days advance written notice (unless there is an immediate threat to the health or safety of any individual or to the public) that it intends to undertake Remediation Activity to the extent necessary for the Work. During the period following such notice, TN and Village shall engage in a good faith collaborative process in an attempt to arrive at a consensus approach to managing, removing, moving, disposing 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 TN is not given notice pursuant to this paragraph 19 the Village may not seek reimbursement under this Agreement for its fees and costs in an amount in excess of $35,000. This $35,000 limitation on reimbursement specifically excludes courtesy notice for immediate work as provided under Paragraph 20. Any actual Remediation Activity shall be based upon a site investigation (which may be modified by field conditions during excavation), or upon field conditions encountered after commencing Work. A copy of this site investigation report (if any) will be provided to TN prior to any Remediation Activity being undertaken. 20. If the Village determines, in its sole discretion, that there is an immediate threat to the health or safety of 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, or that there is an immediate need to perform Work to maintain use of the Right -of -Way due to an obstruction, defect or structural condition of the roadway, it is agreed that the Village will provide notice to TN of such immediate need, as practical, prior to performing such Work, although notice in such circumstances is not required under Paragraph 19 and shall be considered a courtesy under this Supplemental Agreement. 21. If agreeable to the Village following such good faith negotiations, TN may elect to perform, at its cost, the agreed upon site investigation and Remediation Activity, and TN 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 TN are unable to reach a consensus, it is agreed that the Village will manage and perform the Remediation Activity and TN 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 45 days of an invoice from the Village. The failure of TN to provide reimbursement to the Village within 45 days of receipt of an invoice from the Village, in accordance with and pursuant to this paragraph, shall be grounds for voiding the HAA and repealing the LGWO. 22. Written notice required by this Supplemental Agreement or the HAA shall be mailed to the following: if to True North: David P. Nye, General Manager Environmental Services, 10346 Brecksville Road, Brecksville, Ohio 44141; and if to Village: The Village of Deerfield, 850 Waukegan Rd., Deerfield, IL 60015, ATTN: Village Manager. 4 23. The Village's sole responsibility under this Supplemental Agreement and HAA with respect to others using the highway Right -of -Way under permit from the Village, or for the benefit of the Village, is to include the following, or similar language, in permit or contract provisions and to make an effort to notify its current permit holders of the following: "As a condition of this permit, the permittee shall request the Village Engineer to identify sites in the Right -of -Way where access to contaminated soil or groundwater is governed by Tiered Approach to Corrective -Action Objectives ("TACO") Agreements. The permittee shall take measures before, during and after any access to these sites to protect worker safety and human health and the environment. Excavated, contaminated soil should be managed off -site in accordance with all applicable laws, rules, and regulations." 24. TN hereby releases the Village from liability for breach of this Supplemental Agreement by others under permit, and further indemnifies the Village against claims that may arise from others under permit causing a breach of this Supplemental Agreement. TN agrees that its personnel at the Site, if any, will exercise due diligence in notifying those accessing contaminated soil in the Right -of -Way of their rights and responsibilities under this Supplemental Agreement. 25. Should the Village breach this Supplemental Agreement or the HAA, TN's sole remedy is for an action for damages which would be brought exclusively in the Lake County Circuit Court. Any and all claims for damages against the Village, its agents, contractors, or employees, or its successors in interest, arising at any time for a breach of this Supplemental Agreement and/or HAA are limited to an aggregate maximum of S 10,000.00. TN shall have no other action, in law or equity, against the Village, its agents, contractors, employees and its successors in interest for the breach of any other provision of this Supplemental Agreement and TN hereby releases the Village, its agents, contractors, employees and its successors in interest for any cause of action TN may have against them, other than as provided in this paragraph or as provided by applicable environmental laws, regulations or common law governing the contaminated soil or groundwater in the highway Right -of -Way. In the event that the Village conveys, vacates or transfers jurisdiction of the highway Right -of -Way, TN may pursue an action under this Agreement against the successors in interest, other than a State agency, in a court of law. 26. This Supplemental Agreement and HAA are 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. This Supplemental Agreement and HAA are entered into by the Village in the spirit of those laws and under its rights and obligations as a highway authority. 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 all costs and expenses to be paid by TN as provided in this Supplemental Agreement which have been incurred by the Village shall be reimbursed by TN within 45 days after the Supplemental Agreement becomes null and void. 5 IN WITNESS WHEREOF, True North Energy LLC, has caused this Agreement to be signed by its duly authorizeq representative. David P. Nye General Manager Environmental Services IN WITNESS WHEREOF, the Village of Deerfield has caused this Agreement to be signed by its duly authorized representative. By: Kent S. treet It's Village Manager 0 ATTACHMENT I HIGHWAY AUTHORITY AGREEMENT ("HAA") HIGHWAY AUTHORITY AGREEMENT This Agreement is entered into this\Tday of �yne , 201�$�pursuant to 35 Ill. Adm. Code 742.1020 by and between True North Energy LLC ("Owner/Operator") and the Village of Deerfield, Illinois ("Deerfield"), collectively known as the "Parties." WHEREAS, True North Energy LLC is the owner or operator of one or more leaking underground storage tanks presently or formerly located at 2 Waukegan Rd., Deerfield, Illinois (the "Site"); WHEREAS, as a result of one or more releases of contaminants at the above referenced Site "(the "Release"), soil and/or groundwater contamination at the Site exceeds the Tier t 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; WHEREAS, the Parties desire to limit access to soil within the right-of-way that exceeds Tier I 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. The Illinois Emergency Management Agency has assigned incident number 20080899 to the Release. 3. Attached as Exhibit A is a scaled map(s) prepared by the Owner/Operator that shows the Site and surrounding area and delineates the current and estimated future extent of soil and groundwater contamination above the applicable Tier I residential remediation objectives as a result of the Release. 4. Attached as Exhibit B is a table(s) prepared by the Owner/Operator that lists each contaminant of concern that exceeds its Tier I residential remediation objective, its Tier I residential remediation objective and its concentrations within the zone where Tier I 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 showing the roadway areas within which Deerfield maintains utility lines on Waukegan Road which is adjacent to the Site that are governed by this agreement ("Right -of -Way"). Because Exhibit C is not a surveyed plat, the Right -of -Way boundary is that area of Waukegan Rd. which is within the depicted area and which may be an approximation of the actual Right -of -Way lines. 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 i residential remediation objectives does not and will not extend beyond the boundaries of the Right -of -Way or that area which is depicted within Exhibit C. 6. Deerfield stipulates it maintains utilities within the Right -of -Way that gives it access to the soil located within or beneath the Right -of -Way. 7. Deerfield agrees that to the limit of its ability to do so, it will prohibit within the Right -of -Way all potable and domestic uses of groundwater exceeding Tier 1 residential remediation objectives. Deerfield further agrees to limit access by itself and others who are under its control to soil within the Right -of Way exceeding Tier residential remediation objectives. Access shall be allowed only if human health (including worker safety) and the environment are protected during and after any access. Deerfield may construct, reconstruct, improve, repair, maintain and operate its utilities within the Right -of - Way, or allow others to do the same by permit. In addition, Deerfield and others using or working in the Right -of -Way under permit for utility work 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. Deerfield agrees to allow utility work on its behalf in the Right -of -Way subject to the following or a substantially similar condition: As a condition of this permit or contract the permittee shall request the office issuing this permit or access right to identify sites in the Right - of -Way where Deerfield governs access to soil that exceeds the Tier i 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. 9. This agreement may be but is not required to be referenced in the Illinois Environmental Protection Agency's (the "Agency") no further remediation determination issued for the Release. 10. If required by the Agency, 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 Deerfield, or subsequent transferor, and the transferee. 11. This agreement shall become effective on the date the Agency issues a no further remediation determination for the Release. It shall remain effective until the Right-of- 2 Way is demonstrated to be suitable for unrestricted use and, if required to be filed by the Agency, once the Agency issues a new no further remediation determination to reflect there is no longer need for this agreement, or until the agreement is otherwise terminated or voided. 12. In addition to any other remedies that may be available, if the Agency has determined that this Agreement is required to obtain an NFR determination, 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. 13. This agreement shall be null and void if a court of competent jurisdiction strikes down any part or provision of the agreement. 14. 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. 15. 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 David P. Nye, CHMM Illinois Environmental Protection Agency General Manager 1021 N. Grand Ave. East Environmental Services PO Box 19276 True North Energy, LLC Springfield, IL 62974-9276 10346 Brecksville Road Brecksville, Ohio 44141 The Village of Deerfield Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 ATTN: Village Manager IN WITNESS WHEREOF, the Parties have caused this agreement to be signed by their duly authorized representatives. VILLAGE OF DEERFIELD Date: 6' /% , 2011 By: 14ae-'e'tef iLo� Its: 104/YQ� 4 TRUE NORTH E ERGY LLC Date: y - 30 , 201,E By: DaV49FNyZ Title: General Manager, Environmental Services O OD f 0 Z >> _ } LL p p "C m Laa r q +- mcw z w w Moo o3 xILL.o 3 X WWZW zZZ a o a O m IL O v W re �z [ g 'www� F Z J W p p a �Q¢ZZ U y Z Jrr O ir p oo0©wOo�` H a to wU mWw0Hwl-�j = w Egg Z S t p w J i I ++ r3 m3: ++ Z Q t,.m _Olt1 w U �2 �1y -�--� I ICI l ♦ f N V' 2 dP'slM�tl 1n11�NW 1pS - f old - MM.liYWA i+.+R! -4Y1 37VdY 76dVd CL�It 8-D +aHrJ-�- +�f -E1]-ELF- ;P�H '+sK�B1 MR���3LC�d EXHIBIT A-1 , 1 SB-41 • M W-3* • MW- MW-4 G ♦ 7- ■ I SERV E STATION 1917 ■ ■ CANO sB-5/� MW-2 SB-10/` MW 5 1l i' 1 /y MB-_3/ `` I SB-21,'` O i C U J AREA 1 VENT PIPES SW= SOURCE WIDTH SB-11/ PERPENDICULAR TO REFUSAL POINTS SB- 1 MW-6 ♦ GROUNDWATER FLOW = 109 FT SB-17 MW- SB-18SB-19 = 3,322.32 cm SW= SOURCE WIDTH PARALLEL SB-16 TO GROUNDWATER FLOW = 110 FT = 3,352.8 cm LAKE -COOK ROAD SIDEWALK - - - LEGEND MW-9 PROPERTY BOUNDARY MONITORING WELL LOCATION SOIL BORING LOCATION ESTIMATED EXTENT OF -- AREA 1 0 1 2 4 SCALE IN FEET S B-9/ MW-1 BENZENE = 2 FT SERVICE STATION # 1917 (FORMER SHELL # 137009) 2 WAUKEGAN ROAD DEERFIELD, ILLINOIS CONTAMINATION FIGURE 2 NOTE: DIMENSIONS USED FOR THE SCGIER EVALUATIONS an = CONTIMETERS DATE - FT NORTH =FEET MOf 06, 2012 MTBE= METHYL TERTIARY BUTYL ETHER " NO- 0 20 40 80 46195451 um DRAM Br: OK'0 BY: JMM GG 100 50 CHI�"cAGOWiw� "E SCALE IN FEET PHONE (312) 939-1000 BASE MAP PROVIDED BY SHELL AS SHOWN EXHIBIT A-2 PLQ77ED. 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( � I y �OWAO 1 _ K1 m 8¢l c)>- G m C7 ,n 11 L7 (A ? � N m0•�rOm�Dm y�W Omom O_ p A O =D{CN��r NO �f7mA �7Zr1 r Z 0 > { 2 C D T CJ -i rX W zZZrZ mZ p O O O m f 7-y A M{mmmozc ❑❑m crZ7r A p m O p xmN Dp� �D❑ �pnp Z Z •G .�.'.:.. $ .jmz m�� mmx ono r o Z ATnm Tim mTom Z OZZ O m Z ' { m Z O Z ❑ ❑ j r ❑ m m m Z -i D m y ❑i < m O D D O O R I i j 1 Tl>-n m m Z 0{ r p m A Tl -D1 mi z ❑ D O m p Z m EXHIBIT A-3 .•fir ♦ ♦ SB-4/ MW-3* SB-8/ • MW+4 / � ♦ G I G SERVICE STATION #1917 CANOPY SB-5/* — MW-2 S 1pO MW13/ 1t' _ SB-21 TQ tt � � 2 SB-9/ SB-20 _ VENT PIPES MW-1* REFUSAL POINTS SB-1 LAKE -COOK SB-11/ *SB-lW-6 8SB-19 SB-17 5W= SOURCE WIDTH PERPENDICULAR TO GROUNDWATER FLOW = 194 FT = 5913.12 cm SB-15/ r LEGEND MW-9 SERVICE STATION — - - — PROPERTY BOUNDARY #1917 (FORMER SHELL #137009) MONITORING WELL LOCATION 2 WAUKEGAN ROAD SOIL BORING LOCATION DEERFIELD, ILLINOIS ESTIMATED EXTENT OF MTBE CONTAMINATION FIGURE 4 NOTE: DIMENSIONS USED FOR THE GCGIER EVALUATIONS an=CONTIMETERS FT =FEET NORTH "M M Of 06, 2012 " NO- 46195451 MTBE= METHYL TERTIARY BUTYL ETHER 0 20 40 80 SCALE IN FEET - 100 SOUTH WACKER DRNE pHOCHICAG , I JNOIS 00 DPAWH W. I JMM CWO Bf: GG BASE MAP PROVIDED BY SHELLF. AS SHOWN EXHIBIT A-4 TABLE 1 SOIL ANALYTICAL RESULTS - BTEX/MTBE True North Retail Station #1917 2 Waukegan Road, Deerfield, Illinois Tier 1 Exposure Routes COCs and Soil Remediation Objectives Benzene (mg/kg) Toluene (mg/kg) Ethylbenzene (mg/kg) Total Xylenes (mg/kg) MTBE (mg/kg) SoilIngestion- Residential 12 16,000 7800 160,000 780 Soil Ingestion - Construction Worker 2,300 410,000 20,000 41,000 2,000 Inhalation - Residential 0.8 650 400 320 8,800 Inhalation -Construction Worker 2.2 42 58 5.6 140 SCGIER - Class I Groundwater 0.03 12 1 13 150 0.32 SCGIER - Class II Groundwater 0.17 29 19 150 0.32 Soil Saturation Limit 870 650 400 320 f 8,800 Sample ID Date Sampled Sample Depth (feet bgs) 5/20/2008 3 0.007 <0.0066 <0.0066 <0.013 <0.0066 S B-4 6/2/2008 6 <0.005 <0.005 <0.005 <0.0099 <0.005 5/20/2008 3 0.224 0.015 0.0083 0.0685 0.281 SB-5 6/2/2008 8 <0.0046 <0.0046 <0.0046 <0.0093 0.0097 5/21/2008 1 <0.0043 <0.0043 <0.0043 <0.0085 <0.0043 SB 8 6/2/2008 8 <0.0049 <0.0049 <0.0049 <0.0097 <0.0049 5/21/2008 3 8.65 5.47 62.2 1 28.79 <0.776 S B-9 6/2/2008 6 0.392 <0.053 0.161 0.93 <0.053 3/31/2009 2-3 <0.0013 <0.0013 <0.0013 <0.0038 <0.0063 SB-10 3/31/2009 3-4 <0:0013 <0.0013 <0.0013 <0.0039 <0.0066 SB-11 3/31/2009 3-4 0.0062 0.0048 0.0524 0.047 1 <0.0038 . SB-12 3/31/2009 1-2 3.793 2.139 46.S5 63.493 <0.7640 SB-13 3/31/2009 3-4 <0.0067 <0.0067 <0.0067 0.0152 0.0864 6/17/2010 2-3 0.0018 0.0078 0.0020 0.0038 <0.0045 SB-14 6/17/2010 6-7 0.0019 0.0082 0.0023 0.0049 <0.0043 SB-15 3/29/2011 3-4 <0.00010 <0.00016 <0.00010 <0.00012 <0.00012 SB-16 3/29/2011 2-3 <0.000091 <0.00014 <0.000089 <0.00011 <0.00011 SB-17 3/29/2011 1-2 <0.00010 <0.00016 <0.00010 <0.00012 1 0.0024 SB-18 3/29/2011 3-4 0.369 <0.057 0.180 1.11 <0.042 SB-19 3/29/2011 2-3 <0.00015 <0.00023 <0.00015 <0.00018 <0.00017 SB-20 3/29/2011 2-3 <0.00013 <0.00020 <0.00013 <0.00015 <0.00015 SB-21 3/29/2011 2-3 <0.013 <0.021 <0.013 <0.016 <0.015 SB-22 5/2/2012 2-3 <0.014 <0.0096 <0.0128 1 <0.0309 <0.013 SB-23 5/2/2012 2-3 0.0427 0.0229 J 0.023 J 0.237 <0.0149 SB-24 5/2/2012 3-4 0.128 0.0205 J 0.0168 J 0.202 <0.0151 SB-25 5/2/2012 2-3 <0.0136 <0.0093 <0.0125 <0.03 <0.0127 SB-26 5/2/2012 2-3 <0.0136 <0.0093 <0.0124 <0.0299 <0.0126 SB-27 5/2/2012 2-3 <0.0138 <0.0095 <0.0126 <0.0305 1 <0.0128 Notes: SRO = soil remediation objective mg/kg = milligrams per kilogram Bold = Concentration exceeds the Tier 1 SRO for Class 11 groundwater on -site <0.00437 = Concentration not detected above laboratory reporting limits J = Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit MTBE= methyl tertiary butyl ether SCGIER = soil component of the groundwater ingestion exposure route EXHIBIT B-1 Page 1 of 1 TABLE 2 Gr0undwater Analytical Results True North Retail Station #1917 2 Waukegan Road, Deerfield, Illinois Tier 1 fj%stm ►e Routes CM and Groundwater Remedlation Obledives A Bem ene Toluene Etht,lbenlene Total Xylenes j MTBE (l+ 7L) 1) (pg/1) I ( L) (110) 1 GCGIER- Class I Groundwater _ _ GCGIER - ❑ass II Groundwater 5 __ _ 1,000 1 _ 700 _ I_ �10,00O 70_ fl 25- 2,500 1,000 10,0W ��70 Samp►etO Sample Sate Referenced Elevation fleet) Depth to Groundwater fteetbelowToo Groundwater Elevation ffeetj 6/17/2008 97.72 10/21/2008 97.72 11.39 86.33 23 37 3.50 59 31 3.74 93.99 248.5 5.84 44.08 12.36 191 2/12/2009 5/8/2M 97.72 3.25 94.47 217.0 18.70 35.99 25.788 117,4 97.72 1.96 95.76 11ISD 1 89.42 3521D _ 9O3A0 I75.6 MW-1 - 9/2012009L 12/7/2010 1 51512011 5/10/2012 97.72 2.61 ( 95.11 94 329.1 400.2 1,3Z9 I86,O 97.72 NA NA _ Unable to locate 3J36 30.7 ( 96.4 283 98. Not Sampled 97.72 2.23 95.49 97.12 2.86 94.86 6/17/2008 98.52 1 11,46 97.D6 <2 1 <2 12 <2 5.5 10/21/2008 98.52 3.46 95.06 <1 <1 cl <3 7&97 2/12120D9 98.52 3.03 95.49 <1 <1 <1 58.66 5 8 2009 98.52 1.62 96.90 1.530 1.060 2.190 5-47 50.29_ i MW-2 910/200998.52 2.14 -96.38 <1 cl <1 -Q 34.23 1Z/7/2010 98.52 3.18 95-34 <1 <3 <1 <1 55.36 SJS/2011 98.52 5/10/2012 98.52 1.12 97-40 <0.50 <1 L <1 <1 38.4 Not Sampled 1.7 96.82 6/17/2008 95.41 12.08 87.33 <2 <2 <2 <2 3.2 ) 10f211200S - 99.41 4.84 94.57 <1 <1 <1 _ <3 9.6 2/12/2009 99,41 NA NA Well Plusted' MW-3 S/8/2009 99.41 9/10/2009 99.41 12/7/2010 9%41 1.17 9824 <3 <3 _ <i c3 <1 ! <1 1 <1 <1 5.860 1.70 %7-71 7.570 3.31 96.10 <1 i <I <1 <1 <S 5/2011 99.41 0.68 98.73 <0.50 <1 <1 d 2.3 S/10/2012 99.41 0.70 98.71 Not Sampled 17 2008 10/21/2008 2/12/2009 MW-0 5 8/2009 9/10 2009 99.50 8.05 91.45 <2 <2 <2 Q 8.2 99.50 0.83 98.67 <1 <1 <1 _ <3 9.71 Well Pkvsed' <3 1.250 <1 <3 <5 99.50 NA NA 99.50 0.00 9950 99.SO IAS 97.65 <1 <l <1 <1 5130 17J7 2010 99.50 5/5/2011 1 99.41 1.81 0.68 97.69 <1 _ <I <3 <1 6.190 98.73 <0.50 1 <1 L <1 <1 2.3 5/10/2012 99.41 0.54 98.87 Not Sampled 3 s/2009 9/10/2009 98.26 1.48 96.78 <1 I <1 -<1 + <3 <5 11 98.26 2.72 B 95.54 <i <1 <1 I <1 <5 MW-5 Un12010 98.26 3.54 94.72 <1 <1 <1 <1 <5 5/5/2011 5/10/2012 98.26 _ 1.66 96.60 98.26 1 1.75 96.51 <0.50 <1 <3_ <1 3.5 Not Sampled MW-6 518/2W9 96.64 1.14 95.50 173.9 369.90 260 <5 I 9/20/2009 %-64- 1.49 95.15 _30.8_2 _ 87.88 16.92 249.8 127.31 <5 12/7/2010 96.64 2.27 1 94.37 13&i 21-13 191.1 154.1 <5 5/5/2011 96.64 0.85 95.79 135 26:6 151 206 6.4 5/10/2012 96.64 1.21 95.37 __ Not Sampled SI8/2009 96.53 5.42 91.11 51.92 57.76 16.25 50.92 9b.5.9 9/10/2009 96.53 4.03 92.50 271.8 22.73 179.8 136.2 93.SS M W-7 12/7 2010 96.53 5.05 91.48 QZA D 9 8.160 154.3 70:95 82.1.2 5/5/2011 96.53 4.86 91.67 488 3.3 141 202 79.4 5/10/2012 96.53 5.44 91.09 Not Sampled 5/8/2009 97.10 2.85 94.25 <1 <1 _ <1 <3�202.155 9/10/2009 97.10 2:46 94.64 <1 -<1 j ei 41 MW-8 1217 2010 97.10 3.15 93.95 <1 <1 <I <15/5/2011 i 97.10 2.58 94.52 <O.SD <I cl <1 5/10/2012 j 97.10 315 93.95 Not Sampled s/s/2011 97.00 3.6 93.40 <&SO <1 <I <1 -<1 MW-9 S/10/2012 97.00 4.21 92.79 Not Sampled MW-10 5/10/2012 96.85 1-11 95.74 127 0.861 125 79.7 <0-61 j MW-11 5/10/2012 98.28 4.54 93.74 <0.41 <0.67 i <O.54 <2.6 <0.61 MW-12 5/10/2012 %.72 8.77 87.95 5.2 <0:67 <0:54 <2.6 13.5 MW-13 • 5/10/2012 97.08 I 3.55 93.53 <0.41 <0.67 <O.54 <2.6 <0.61 MW-14 ' 5/10/2012 96.28 2.99 93.29 c0.41 <0.67 -0.54 <2.6 ' <0.61 MW-15 5/10/2012 %.82 3.95 I 92.97 <0.41 <0.67 j <0.54 <2.6 <0.61 Notes: TOC = top of casing GRO = groundwater remediation objective ug/L = micrograms per Liter '=.weli.wiis-plugged withice Sold = Concentration exceeds Tier 1 GROs for Class II groundwater on -site <1= Concentration not detected above laboratory reporting limits. D = Dilution -factors are included in the final results. The result is from a diluted sample. MTBE= methyl tertiary- butyl ether J = Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit. Pate t ar 1 EXHOT B-2 V,0 . "EGEND PROPERTY BOUNDARv TRUE NORTH RETAIL STATION #1917 MONITORING WELL LOCATION 2- WAU E.GAV RO kD SOIL BORING LOCATION DFFRFrF[.D. fl.l.r\,O[.S PROPOSED LimFrED rkj GROUNDWATER ORDINANCE AREA ?75? PROPOSED L-1-MITED GROL-NDWATER ORMN.VNICE, NWI HA -A area hashmarked NORTH 100 200 400 DUE Mar 30, 2012 'Irv- f �F0 jm No- 25368398.00003 SCALE IN FEET 100 SCUTH WIZXER DRA CHI .)93RIMCSO P,04f- (312 9-W JMNI I GG KIIL NOTE: BASE MAP PROVIDED BY SHELL AS SHOWN EXHIBIT C ATTACHMENT 2 LIMITED AREA GROUNDWATER USE RESTRICTION ORDINANCE ("LGWO") February 26, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Kent Street Village Clerk Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 RE: LPC No. 0974345022 - Lake County Deerfield/True North Energy Station #1917 2 Waukegan Road IEMA Incident No. 20080899 Dear Mr. Street: Pursuant to 35 Illinois Administrative Code (IAC) Section 742.1015(c), URS Corporation, on behalf of True North Energy, LLC (TNE), is providing written notification to the Village of Deerfield to utilize Ordinance Number 0-13-21 as an institutional control for a No Further Remediation (NFR) letter with the Illinois Environmental Protection Agency (Illinois EPA). Between May 2008 through May 2012, soil and groundwater investigation activities were conducted to delineate the concentrations of the constituents of concern (COCs) above the Tier 1 soil and groundwater remediation objectives established in 35 IAC Part 742. The concentrations of the COCs resulted in a release of gasoline that occurred at the property referenced above. The release was reported to the Illinois Emergency Management Agency (IEMA) on June 23, 2008 and incident number 20080899 was assigned to the release. On July 11, 2013, a Corrective Action Completion Report was submitted to the Illinois EPA requesting closure for IEMA incident number 20080899. On December 23, 2013, the Illinois EPA issued a NFR letter for IEMA incident number 20080899. Pursuant to 35 IAC Part 742.1015(a), THE has utilized the Village of Deerfield groundwater ordinance, which has been approved by the Illinois EPA, to eliminate the soil and/or groundwater components of the groundwater ingestion exposure route by prohibiting the installation and/or use of potable water supply wells on the above referenced property and on select adjacent properties. A map identifying the THE station and the adjacent property owners notified of the use of the Village of Deerfield groundwater ordinance is provided in Attachment A. A copy of the NFR letter is provided in Attachment B. To learn more about the above -referenced site, please contact the Illinois EPA at the address listed below. URS Corporation 100 South Wacker Drive Suite 500 Chicago, Illinois 60606 Tel: 312.939.1000 Fax: 312.939.4198 Mr. Street February 26, 2014 Page 2 of 2 Illinois Environmental Protection Agency Bureau of Land #24 Leaking Underground Storage Tank Section 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 (217) 782-6762 You may also obtain a copy of the complete Illinois EPA file on the site. To do so, you will need to submit a written request with your signature to the following address and reference the file heading shown below on the right. Freedom of Information Act (FOIA) Officer Illinois Environmental Protection Agency Bureau of Land 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 LPC No. 0974345022 — Lake County Deerfield / THE Station 41917 2 Waukegan Road IEMA Incident No. 20080899 A FOIA request may also be submitted through the Illinois EPXs Web page www. ena. state. il.us/foia. If you have any questions concerning this submittal please contact either of the undersigned at (312) 939-1000. Sincerely, URS Corporation Nicole Kiecker Environmental Scientist Attachments: Institutional Controls Map Recorded NFR Letter cc: Mr. John Robbins, Shell Oil Products US Mr. David Nye, Truenorth Energy, LLC Ms. Patricia Layman, Illinois EPA aa r'1. ! + 1, Galina Georgiew, P.G. Principal Geologist Attachment A Institutional Controls Map (DDORAL COURT a EENgR o� OV 1633404034 1633404033 Q01 TRUE NORTH STATION #1917 1 1633400012 633404038 rn C) 16 3 0 (p— c3 C) � cl) -5- co cl) c3 C. C> cl) 0 1633400015 LAKE COOK ROAD 0404200005 1633400019 404201018 ..404200014 0 0404200017 es LEGEND PROPERTY BOUNDARY TRUE NORTH STATION 41917 2 WAUKEGAN ROAD DEERFIELD, ILLINOIS PROPOSED LIMITED FIGURE 8 GROUNDWATER ORDINANCE AREA PROPOSED INSTITUTIONAL CONTROLS MAP A COOK COUNTY HAA NORTH DATE 4 May 13, 2013 No. 'ig 0 100 200 400 25368398 DRqM fff, I awDoezy UFf'HoNtk 939-1 100 SOH WACKER ORNE SCAL imm CH G Lumols SCALE IN FEET (31%] 000 BASE MAP PROVIDED BY SHELL AS SHOWN Attachment B Recorded NFR Letter (Page 1 of 29) I�®�����Ill:ll ilW L1p11111J�'�+��i11�LLLL Image# 050964000029 Type: LET Recorded; 01/30,2014 at 10:00:45 ,$l Receipt t 2014-00005037 Pape 1 of 29 PREPARED BY: Fees: $64.00 Lake County IL Recorder Mary Ellen Vanderverter Recorder Name: True North Energy, LLC Fil$7073704 Attention: David P. Nye Address: 2 Waukegan Road Deerfield, IL 60015 RETURN TO: Name: True North Energy, LLC Attention: David P. Nye Address. 10346 Brecksville Road Brecksville, OR 44141 Mn ABOVE SPACE FOR RECORDER'S OFFICE) LEAKING UNDERGROUND STORAGE TANK ENVIRONMENTAL NOTICE THE OWNER AND/OR OPERATOR OF THE LEANING UNDERGROUND STORAGE TANK SYSTEMS) ASSOCIATED WITH THE RELEASE REFERENCED BELOW, WITHIN 45 DAYS OF RECEIVING THE NO FURTHER REMEDIATION LETTER CONTAINING THIS NOTICE, MUST SUBMIT THIS NOTICE AND THE REMAINDER OF THE NO FURTHER REMEDIATION LETTER TO THE OFFICE OF THE RECORDER OR REGISTRAR OF TITLES OF LAKE COUNTY IN WHICH. THE SITE DESCRIBED BELOW IS LOCATED. Illinois EPA Number: 0974345022 Leaking UST Incident Number: 20080899 True North Energy, LLC, the owner and/or operator of the leaking underground storage tank systems) associated with the above -referenced incident, whose address is 10346 Brecksville Road, Brecksville, OR, has performed investigative and/or remedial activities for the site identified as follows: 1. Legal Description or Reference to a Plat Showing the Boundaries: description. 2. Common Address: 2 Waukegan Road, Deerfield, IL 60015 3. Real Estate Tax Index/Parcel Index Number: 16-33-400-017 4. Site Owner: True North Energy, LLC 5. Land Use Limitation: There are no land use limitations. 6. See the attached No Further Remediation Letter for other terms. PL Attachment: Legal description See attached legal Leaking Underground Storage Tank Environmental Notice File Number: 7073704 Page 1 of 29 Doc Number: 7073704 Seq: 1 (Page 2 of 29) ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1021 NORTH GRANDAVENuE EAST, P.O. BOX 19276,SPRINU TELL, IWNOIS 62794-9276 - (217)782-2829 0 PAT Qum, GOVERNOR USA BONNETT, DIRECTOR (217) 524-3300 CERTIFIED MAIL DF-C 2 8 200 7009 2820 0001 7488 8282 True North Energy, LLC Attention: David P. Nye 10346 Brecksville Road Brecksville, Ohio 4414I Re: LPC #0974345022 -- Lake County Deerfield/True North Energy Station #1917 (formerly Shell Station #137009) 2 Waukegan Road Leaking UST Incident No. 20080899 -- NFR Letter Leaking UST Technical File Dear Mr. Nye: The IIlinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action Completion Report submitted for the above -referenced incident. This information was dated July 2013 (submitted under cover letter dated July 11, 2013) and was received by the Illinois EPA on July 12, 2013. Citations in this letter are from the Environmental Protection Act (Act), as amended by Public Act 92-0554 on June 24, 2002, and Public Act 96-0908 on June 8, 2010, and 35 Illinois Administrative Code (35 M. Adm. Code). The Corrective Action Completion Report and associated Licensed Professional Engineer Certification submitted pursuant to Section 57.7(b)(5) of the Act and 35 Ill. Adm. Code 734.135(d) indicate corrective action for the above -referenced site was conducted in accordance with the Corrective Action Plan approved by the Illinois EPA. The Corrective Action Completion Report demonstrates that the requirements of Section 57.7(b) of the Act have been satisfied. Based upon the certification by Claudine A. Parra, a Licensed Professional Engineer, and pursuant to Section 57.10 of the Act (415 ILCS 5/57.10), your request for a no further remediation determination is granted under the conditions and terms -specified in this letter. Issuance of this No Further Remediation Letter (Letter), based on the certification ofthe Licensed Professional Engineer, signifies that: (1) all statutory and regulatory corrective action requirements applicable to the occurrence have been complied with; (2) all corrective action concerning the remediation of the occurrence has been completed; and (3) no further corrective action concerning the occurrence is necessary for the protection of human health, safety, and the environment. Pursuant to Section 57.10(d) of the Act, this Letter shall apply in favor of the following parties: 4302 K Maln St, Rockford, IL 61103 (815)987.7760 951 I Harrlsoa St, Dec Plohms, IL 60016 (847)294-4000 595 S. Srara, Elghl, 160123 (847)608-3131 5407 N. Uaher*y S1 Arbor 113, Peorio, IL 61614 (309)6935462 2125 S. First St, Champolgn, IL 61820 (217)2785800 2309 W. Main St, Sulfa 116, Marion, it 62959 (618)993-7200 2009 Mall St, Collkrsdlle, IL 62234 (6181346-5120 100 W. Rom olph, Sage 10-300, Chicago, IL 60601 (312)814-6026 Pt> use PRNrON RECYCLED PAPER File Number: 7073704 Page 2 of 29 Doc Number: 7073704 Seq: 2 (Page 3 of 29) Page 2 1. True North Energy, LLC, the owner or operator of the underground storage tank system(s). 2. Any parent corporation or subsidiary of such owner or operator. Any co-owner or co-operator, either by joint tenancy, right -of -survivorship, or any other party sharing a legal relationship with the owner or operator to whom the Letter is issued. 4. Any holder of a beneficial interest of a land trust or inter vivos trust whether revocable or irrevocable. 5. Any mortgagee or trustee of a deed of trust of such owner or operator. 5. Any successor -in -interest of such owner or operator. 7. Any transferee of such owner or operator whether the transfer was by sale, bankruptcy proceeding, partition, dissolution of marriage, settlement or adjudication of any civil action, charitable gift, or bequest. Any heir or devisee of such owner or operator. 9. An owner of a parcel of real property to the extent that this Letter applies to the occurrence on that parcel. This Letter and all attachments, including but not limited to the Leaking Underground Storage Tank Environmental Notice, must be filed within 45 days of receipt as a single instrument with the Office of the Recorder or Registrar of Titles in the county in which the above -referenced site is located. In additio the Groundwater Ordinance (12hotocopyattached must be fled as an attachment of this Letter with the Office of the Recorder or Re istrar of Titles of the applicable coon . This Letter shall not be effective until officially recorded by the Office of the Recorder or Registrar of Titles of the applicable county in accordance with Illinois law so it forms a permanent part of the chain of title for the above -referenced property. Within 30 da of this Letter bein- recorded, an accurate and official cogs ofthis Letter, as record sha11 be obtained and submitted to the Illinois EPA. For recording purposes, it is recommended that the Leaking Underground Storage Tank Environmental Notice of this Letter be the first page of the instrument filed. CONDmoNs ANn TERMS oF APPROVAL LEVEL of REMEDI uoN AND LAn UsF, LIMITATIONS The remediation objectives for the above -referenced site, more particularly described in the Leaking Underground Storage Tank Environmental Notice of this Letter, were established in accordance with the requirements ofthe Tiered Approach to Corrective Action Objectives (35 Ill. Adm Code 742) rules. File Number: 7073704 Page 3 of 29 Doc Nuwnber: 7073704 Seq: 3 (Page 4 of 29) Page 3 2. As a result of the release from the underground storage tank system(s) associated with the above -referenced incident, the above -referenced site, more particularly described in the attached Leaking Underground Storage Tank Environmental Notice of this Letter, shall not be used in a manner inconsistent with the following land use limitation: There are no land use limitations. It has been demonstrated that the groundwater under the site meets Class II (General Resource) groundwater criteria rather than Class I (Potable Resource) groundwater. Groundwater classifications are defined at 35 Ill. Adm. Code 620.Subpart B. 3. The land use limitation specified in this Letter may be revised if: a. Further investigation or remedial action has been conducted that documents the attainment of objectives appropriate for the new land use; and b. A new No Further Remediation Letter is obtained and recorded in accordance with Title XVII of the Act and regulations adopted thereunder. PREVENINH. ENGNEmuNG, AND INSTTT'UTIONAL CONTROLS 4. Preventive: None. Engineering: None. Institutional: This Letter shall be recorded as a permanent part of the chain of title for the above -referenced site, more particularly described in the attached Leaking Underground Storage Tank Environmental Notice of this Letter. The Supplemental Agreement entered into on June 17, 2013, includes a highway authority agreement and a Iimited-area groundwater ordinance: Highway Authority Agreement The Cook County Department of Transportation and Highways agrees, through the use of a Highway Authority Agreement, to allow contaminated groundwater and/or soil to remain beneath its highway right- of-way adjacent to the site located at 2 Waukegan Road, Deerfield, IL. Specifically, as shown on the attached map, contamination will remain in the right-of-way for Lake -Cook Road as indicated in the Highway Authority Agreement. The Highway Authority agrees to: (a) prohibit the use of groundwater under the highway right-of-way that is contaminated above Tier 1 groundwater remediation objectives as a potable or other domestic supply of water, and (b) limit access to soil contamination under the highway right-of-way that is contaminated above residential Tier 1 soil remediation objectives. A copy of the Highway Authority Agreement can be obtained through a written request under the Freedom of Information Act (S ILCS 140) to the Bureau of Land, FOIA Unit as detailed elsewhere File Number: 7073704 Page 4 of 29 Doc Number: 7073704 Seq.' 4 (Page 5 of 29) Page 4 in this letter. Questions regarding the Highway Authority Agreement should be directed to: Cook County Bureau of Administration Department of Highways Attention: Superintendent 69 West Washington Street, 23rd Floor Chicago, IL 60602 Groundwater Use Ordinance Limited -area Groundwater Ordinance No. 0-13-21 adopted by the Village of Deerfield effectively prohibits the installation of potable water supply wells (and the use of such wells) and is an acceptable institutional control under the following conditions: a. The current owner or successor -in -interest of this site who relies on this ordinance as an institutional control shall: Monitor activities of the unit of local government relative to variance requests or changes in the ordinance relative to the use of potable groundwater at this remediation site; and ii. Notify the Illinois EPA of any approved variance requests or ordinance changes within 30 days after the date such action has been approved. b. Each affected property owner, potentially affected property owner (as identified through contaminant modeling), and the Village of Deerfield must receive written notification from the owner or operator desiring to use the ordinance as an institutional control that groundwater remediation objectives have been approved by the Illinois EPA. Written proof of this notification shall be submitted to the Illinois EPA in accordance with 3 5 Ill. Adm. Code 742.1015(b) and (c) within 45 days from the date this Letter is recorded The notification shall include: i. The name and address of the unit of local government; ii. The citation of the ordinance used as an institutional control in this Letter; iii. A description ofthe property being sent notice by adequate legal description or by reference to a plat showing the boundaries; File Number: 7073704 Page 5 of 29 Doc Nwnber: 7073704 Seq-. 5 (Page 6 of 29) Page 5 iv. A statement that the ordinance restricting the groundwater use was used by the Illinois EPA in reviewing a request for groundwater remediation objectives; V. A statement as to the nature of the release and response action with the name, address, and Illinois EPA inventory identification number; and vi. A statement as to where more information may be obtained regarding the ordinance. The following activities shall be grounds for voidance ofthe ordinance as an institutional control and this Letter: a. Modification of the referenced ordinance to allow potable uses of groundwater. b. Approval of a site -specific request, such as a variance, to allow use of groundwater at the site. C. Violation of the terms of a recorded institutional control. 5. Failure to establish, operate, and maintain controls in full compliance with the Act, applicable regulations, and the approved corrective action plan, if applicable, may result in voidance of this Letter. OTHm TERms 6. Any contaminated soil and/or groundwater removed or excavated from, or disturbed at, the above -referenced site, more particularly described in the Leaking Underground Storage Tank Environmental Notice of this Letter, must be handled in accordance with all applicable laws and regulations under 35 III. Aden Code Subtitle G. 7. Further information regarding the above -referenced site can be obtained through a written request under the Freedom of Information Act (5 ILCS 140) to: Illinois Environmental Protection Agency Attention: Freedom of hnformation Act Officer Bureau of Land - #24 1021 North Grand Avenue East Post Office Box 19276 Springfield, IL 62794-9276 8. Pursuant to 35 Ill. Adm. Code 734.720, should the Illinois EPA seek to void this Letter, the Illinois EPA shall provide Notice of Voidance to the owner or operator of the leaking File Number: 7073704 Page 6 of 29 Doc Number: 7073704 Seq: 6 (Page 7 of 29) Page 6 underground storage tank system(s) associated with the above -referenced incident and the current title holder of the real estate on which the tanks were located, at their last known addresses. The notice shall specify the cause for the voidance, explain the provisions for appeal, and describe the facts in support of the voidance. Specific acts or omissions that may result in the voidance of this Letter include, but shall not be limited to: a. Any violation of institutional controls or industrial/commercial land use restrictions; b. The failure to operate and maintain preventive or engineering controls or to comply with any applicable groundwater monitoring plan; C. The disturbance or removal of contamination that has been left in -place in accordance with the Corrective Action Plan or Completion Report; d. The failure to comply with the recording requirements for the Letter, C. Obtaining the Letter by fraud or misrepresentation; or f. Subsequent discovery of contaminants, not identified as part of the investigative or remedial activities upon which the issuance of the Letter was based, that pose a threat to human health or the environment. Submit an accurate and official copy of this Letter, as recorded, to: Illinois Environmental Protection Agency Bureau of Land - ##24 Leaking Underground Storage Tank Section 1021 North Grand Avenue East Post Office Box 19276 Springfield, IL 62794-9276 If you have any questions or need finther assistance, please contact the Illinois EPA project manager, Pat Layman, at (217) 524-4653. Sincerely, Thomas A. Henninger Unit Manager Leaking Underground Storage Tank Section Division of Remediation Management Bureau of Land File Number: 7073704 Page 7 of 29 Doc Number: 7073704 Seq: 7 (Page 8 of 29) Page 7 TAH:PL Attachments: Leafing Underground Storage Tank Environmental Notice Limited -area Groundwater Ordinance No. 0-13-21 Proposed Cook County HAA Map c: Galin Georgiew, URS Corporation John Robbins, Shell Oil Products, US HOL File File Number: 7073704 Page 8 of 29 Doc Number: 7073704 Seq: 8 (Page 9 of 29) VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. tt-i i-. 1 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 2 Waukegan Road in* the Village of Deerfield, Illinois, has been used over a period of time for commercial/industrial 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 duality 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 properties that are the source of said chemical constituents in that area of the Village adjacent to 2 Waukegan Road as is more fully depicted on Exhibit A attached hereto and made a part hereof; 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 I: Recitals Incor )orated: 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. File Number: 7073704 Page 9 of 29 Doc Number: 7073704 Seq: 9 (Page 10 of 29) SECTION 2: Use of Groundwater As a Potable Water Su > Iv Prohibited: The use or attempt to use groundwater as a potable water supply within the corporate limits of the Village of Deerfield within that area of the Village adjacent to 2 Waukegan Road as depicted on Exhibit "A" attached hereto 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. SECTIONS: Repealer: All ordinances or parts ofordinances in conflict with this Ordinance are hereby repealed insofar as they are in conflict with this Ordinance. SECTION-6: Severabilit�r: 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. 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. _2_ File Number: 7073704 Page 10 of 29 Doc Number: 7073704 Seq: 10 (Page 11 of 29) PASSED this 17th day of June __ ... _, 2013. AYES:Benton, Farkas, Jester, Nadler, Seiden, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 17th day of June . 2013. Village President ATTEST: Village Clerk -3- File Number: 7073704 Page 11 of 29 Doc Number: 7073704 Seq: 11 (Page 12 of 29) DORAL COURT, Ov z 1033404034 r 63340-4033 LO TRUE NORTH STATIONVIS17 1633400012 1633404038 C. IrIM00018 0 0 0, 01� C13 Cl) W 7 L LAKE COOK ROAD - - - - - - ---- 0404200005 D404201018 1633400019 ',0404200014'\. e 04042MOI 7 LEGEND PROPERTY BOUNDARY TRUE NORTH RETAM STATION #1917 MONITORING WELL LOCATION 2 WAUKEGAN ROAD SOIL BORING LOCATION DEERFMM, ILLINOIS PROPOSED LIMITED GROUNDWATER ORDINANCE AREA L PROPOSED LIMITED GROMWAM OREIRME MAP 0 NORTH 100 200 400 M Mar 30, 2012 im UL. 25368398.00003 SCALE IN FEET MM M 1M NOTE: BASE MAP PROVIDED BY SHELL $ME AS SHOWN EXHIBIT A File Number: 7073704 Page 12 of 29 Doc Nurber: 7073704 seq: 12 (Page 13 of 29) tv PROPERTY BOUNDARY MONn`OPXqQ VIELL LOCATtON SOIL SOMG LOCATION COOK COUNTY HAA 0 20 40 80 r SCALE IN FEET File Number: 7073704 Page 13 of 29 Doc Number; 7073704 Seq: 13 (Page 14 of 29) (.3%pdq MdabitA Legal bescri )lion CHICr1G0 TTTLE INSURANCE COMPANY 03WERNii 1401 008426124 M STRIMADD9M 2 W&MUMN ED My.. MEMSM COUNTY: I+71R8 TAMINS a,16-33-400-017-0000 1EGALDESCtIMOR MT RARE OF THE SOiJ MOT 1/4 OF = SOUTmpzv 1/4 OF 99=0 33, TOSS' 43 NORTH, RMW 12, 9UT OF MM TSI1211 PR19CMMr, .14E-7D3:AR Dfs' us= AB FOLUMS ssGnmm AT A POTNT ON mm 80um r OF M SUMMMST 1A or fix& 90MM= 1/4 OF SAID S=TMM 33, 299.66 - z v (AS XMSM 3 ZLM 6= SO= LING) , wan OF WE CM TBR Z= OF i1A=N HOAR, A= 80 FM Alm VZUMM=UM TO 0= SOS 1 $ RM 2.34 k'PST 'M A. PonMp T $OAT T pggns.rwr,'+0 `PR3 esn i�a LTklR 07 VAMMM MM, 210 sFJ'ST TO A Vc33f'1; x JIOW�W PZU=Z=M M TM == T,] M OF WKEMx aOAD, 78 PRET TO A 1?0=1 THII & 0ODTUAs1`MY TO A PV= d8,28 FED =RTH OS Am Rmp=0X=AZ TA M SO= TDB OF THE WUTMW 1/4 OF MM SOMMM 1/4 OF $=T= 331 MMM SOnTX TO THS kLM= OF nZammm (M=PT ZMT MW OF Tam =TBMMT 114 OF TSS BOQTHEAST 1/4 OF MX== 33, TOE 43 X=M, RAM 12, EAST OP MM TH= MgN== lei BOUMM B7 A LI= D73SCRTH w As 80LLOW9t AT A P07.PT OR um SO= OFF SAx13 QUAJIM Qmutm BzCT=, 199.69 FRET to MS wM= ATMG MH SAiD am T,SNSI WNST of MM C OF WMEEMN ROAD (ROOTS 431 43P03CV so.0 FBST P&8PB3=cmax M 0= SO= T�18; fiHls' M EMT PABALUM Fll"Y *4W sa SOUM LMM 96.59 FM'P TO 0M F OF swnMM OF rj= DEBCR2=( W7 COUT33917= 314OW SAID 11AMM M LSHE 37.41 P= P= CR TIG58 TO ITB 1ftKR5x=ki W= TBR ,y -LOST Mr WAX TSN& OF BAID luarICEM WAVI VORZMUW ATA= MM H= RESTNWZ RxQaT QY MY (RAC 2T(3ST OF WBY TsIHE M= P3l8um WZZK Am 35.73 PH= ! Y FRA6'6 MM CEWM LING or 0= RMI 210.0 FEM; T1 ) II SAY PRRPMICOLAR TO TSS MUM LMM OF MLMMM MO, 4.22 FM; THEKEB SOOT VAM f31 M W= M COM LItIB OF MMMMW ROAD MM 40.0 DEFT MnMVRCK, KMAM D P ICO AMy, 173.3.8 FRET7 1P3 A CMMw Z= SAVMG A =D= or 20.0 L°T =, COMMW nSTZY AM 7ZVG= TO THE LAST D89CaTFiED LIB, 4a.16S t I r. TO MM POIp7'P OF iTZTH M NO=r rwv Ole' LM-COOK R=, 8.y, BOTFT jmW am PO= M Q Doc Number: 6583769 Page 8 of 12 File Number: 7073704 Page 14 of 29 Doc Number: 7073704 Seq: 14 (Page 15 of 29) PIN #16-33-400-035-0000 a . lEHG�V�,X A©R1T'Y AGREIli'r This Agreement is entered into Brits 1:7�%ay of r-i - 2 1 , p nsuarkt to 35 Ill. Adm. Code 742.1020 by and between (1) IM Ngd Energy. I.i.0 lam` Ej--i` MWOpator'J and (2) the County of Cook ("Highway Authoritfl collectively known as the "Parties ' WHEREAS, _ To _ is the owner or operator of one or more leaking underground storage tanks presently or formerly located at 2 Nortbi WaukeM Road. peexfieltl, Lake County. Illinois Cft Site"); WHEREAS, as a result of one or more releases of contaminants from the above - .referenced underground storage tanks ("ft Rele wa soil and/or groundwater cmtaocination at the Site exceeds the Tier 1 residential remedi4on objectives of 35 I11. AdnL Code 742; WHBRIM, the soil and/or groundwater contamination exceeding- Tier 1 residential rrmediahon objectives exlwds or may extend into the Highway Authority's WHEREAS, the Owner/Operaxor is conducting comxdve action in response to the Release; SAS, the Parties desire to prevent groundwater beneath the ffighway Authority's night -of -way that exceeds Tier 1 remediation objectives from use as it supply of potable or domestic waxer and to limit access to soil within the rigln-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: Page I of 6 File Number: 7073704 Page 15 of 29 Doc Number: 7073704 Seq: 15 (Page 16 of 29) M PIN #16-33-400-035-0000 1. no recitals set forth above are kwapordDd by reference as if fully set forth herein. 2. The Minis Emergency Management Agency has assigned incident m mber 20080899 to the Release. 3. Attacked as Exhibit A is a scaled maps) prepared by the Owa=/Operat= that shows the Site and smrounding area and delineatesthe=uA and estimated fubue extent -of soil and groundwater contamination above the applicable Tier 1 residential remediation objectives as a result of the release. 4. Attached as Exhibit B is a table(s) prepared by the Owner/Operator that lists each cow of concern that exceeds its Tier 1 residential remiation objective, its Tier 1 residential remediation, objective and its c oncenhutions within the zone where Tier 1 residential remediation objectives are exceeded. The locations of the concentrations listed in Exhibit H are identified on the map(s) in Exhibit A. i & Attached as Ryluibit C is a scaled map prepared by the O%T=Dperctnr showing the area of the Highway Authority's tight -of -way that is governed by ihis 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 lire. 6. [Use this paragraph if samples have not been cogeaed iOddn the Right - of -Way, sampling within the Right -of -Way is not practical; and contamination does not extend beyond the Right-of-Way.J Page 2 of 6 File Number: 7073704 Page 16 of 29 Doc Number: 7073704 Seq: 16 (Page 17 of 29) PIN #16-33-400-035-0000. 7. The highway Authority stipulates it has jurisdiction over the Right,*£ Way that gives it sole control over the use of the groundwater and access to the soil located withiux or beneath the Right -of way. 8. The Highway Authox4 agrees to prohibit within the Right -of -Way all potable and domestic uses of gro-undwater exceeding Tier I residential Vemedisfion objectives. 9. The Highway Authority f rU= agrees to Bruit access by itself and others to soil within the flight-ofWay exceeding Ter 1 residential remediation objectives. Access shall be allowed only if human health (iuclu diog worker safety) and the -� environment are protecfed dieing and after aay access. The Ilxghway Authority may _ construct, reconstrucl, improve, repai4 maintain and operafie a highway upon the Right of Way, err 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 rmnove soil or groundwater from the Right -of -Way and disperse of the some in a(xortlanca with i applicable environmental laws and regdWons. The Highwayi to issue Authority agrees r all peanuts for work in The Right -of -Wary, and make all existing yomts for work in the Right -of -Way, subject to the following or a subsuutiaily similar condition: As a condition of this permit the pormittee shall request the office issuing this permit to idea* sites in tho Right -of -Way where a Highway Authority Agreement gc v=s access to sail that axceeds the Fier I residential remediation objectitves of 35 Ill. Adm. Cade 742. The permittee shall take all measures necessary to protect human health Page 3 of 6 File Number: 7073704 Page 17 of 29 Doc Number: 7073704 Seq: 17 (Page 18 of 29) j PIN 016-33-400-035-0000 (including worker safety) and the wwonmeni during and m%r any access to such soil. 10. This agreement shall be referenced in the Agency's no farther remediadon detmrmination rued for tho Role=. 11. The Agency shall be notified of any transfer of judsdic ion over the Right- of -Way at least 30 days prior to the date the transfer takes elm This OFUment shall be mill 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 kW=—,,c zt to be bound by the terms of this agreement Shall be memoridiaed at the time of txansfar in a writing C Rider"} that refereztces this Highway Authority A re=ent and is signed by the Mglxway Authority, or subsequent Transferor, and the transferee M This agreement shall become effeodve on ft date the Agency issues a no further remediation lion for the Release. It shall remain e$ective until the Rigbt-oMay is demonstrated to bo suitable for vnrestricted, use and the Agency issues a new no further remediation de=nination to reflect there is no longer a need for this ag7reetn=4 or until the agreenaest is otherwise tmminated or voided. 13. Ju addition to any other remedies flat may be available, the Agency may bring suit to enforce the terms of this agreement our may, in its sole discretion, declare ft agreement null and void if any of tiara Parties or any transferee violates any term of ibis agre=en . The Parties or Transferee shall be notified in writing of any such declaration. Page 4 of 6 File Number: 7073704 Page 18 of 29 Doc Number: 7073704 Seq: 18 (Page 19 of 29) PIN #16r33-400-035-0000 14. This agreement shall be null and void if a court of competent jurisdiction sa*w down airy part or provision of the agreement. 15. This agreement anpersedes any prior written or and agreements or mWerstandinp between the Parties on the subject matter addressed hmein. It may be altered, moMed or amended only upon the written consent and went of the Parties. 16. Any notices or other von pondence regarding this agreement shall be sent to the Parties at following addresses: Manager, Division of Remediation Management Devid P. Nye i Bureau of Land True North Rnera, LLC dllinoia PnvimmneaW Protection Agency 10346 BreaksvMe Road P.O. Box 19276 Breckavilkk Ohio 44141 SpdngfWd, IL 62794-9276 Cook County Bureau ofAdministration Department of Highways Attentien: Supwint=dent 69 West Wa&ngmn Street, 2P F1oor Chicago, IL 60602 ]Page 5 of 6 File Number: 7073704 Page 19 of 29 Doc Number: 7073704 Seq: 19 (Page ZU or Y` ) ' PIN;<#I6-33••40"35-0000 IN WITNESS WHMOF, the Parties bane caused this agreement to be signed by their duly authorized zqF= tatives. Date•. 17 is County of Coo Illinois Toni Preckwinkle, President Cook County Board of Commissioners Date• `l i 7 3 ATrM: r •a �. By, David D. Orr, County Clerk AMO GED: Date: J onan P Suupmintendent of Highways APPROVED AS TO FORM: By,__ Date- - - Assistant Sta es Attorney Date _ 1- 30 -1 _ Owner/Operator DavidP. Nye, CHIYM True North EnaW, LLC 10346 Btw I1Q Road Brecks�ill iaio 41 gy. IWe: GM EnyiroM--ow & Maintenanc;e�� DOF APR 17 2013 Page 6 of 6 CIDM File Number: 7073704 Page 20 of 29 Doc Number: 7073704 Seq: 20 rage GL 0i 47, 1, DANAD D. ORR, County Clerk of Cook County, In the State of Illinois aforesaid and keeper of the records and files of said Cook County, do hereby certify that The Board of Commissioners of The County of Cook, at their regular meeting held on April 17, 2013, passed the following Rosok tion: i3 R- RESOLUITON Sponsored by TM HONORABLE TONI PRLCKWHOaX PRFAMF VT OR TM COOK COUNW BOARD OF CONIIVYMONYM RESOLVED by the members of The Board of Commissioners of Cook County, Illinois, on behalf of the County of Cook, to'authorize and direct Its President to execute, by original signature or authorized signature stamp, three (3) copies of a HIGMAY AUTHORITY AGREEMENT along with a SUPPLEMENTAL AGREEMENT with True North Energy, LI C, attached Hereto and made part hereof, whereto, on highways under Cook County Jurisdiction, adjacent to True North Energy, LLC owned facFAIes and subject to sold Agreements for Tier 1 mskiential remediafton objectives, the County of Conk shall prohibit the extraction of potable water from its right-of-way and shall notify Permittees of proscribed status and requirements at the following location as Part of Its Department of Transportation and Highways Permit process. MOLVED that the following location is approved as being subject to HIGHWAY AUTHORITY AGREEMENT along with a SUPPLEMENTAL AGREEMENT.- 2 North Waukeban Road at Lake Cools Road (CH A50) In the Village of Deerfield RESOLVED and accept4 that True North tnergy, LLC indemnifies and holds the County of Cook harmless from damages and Gabilides arising from the presence of contaminants in County of Cook right-of-way, and, that the relmbursement procedure be accepted for the County of Cook to be reimbursed for costs Incurred should, in the course of normal highway maintenance, the County of Cook be required to excavate and dispose of contaminated soils. RESOLVED that the Department of Transportation and Highways is directed to take the necessary action called for in the HIGHWAY AUTHORITY AGREEMENT along with SUPPLEMENTAL AGREEMENT and to return one (1) executed copy of the Agreements to True North Energy, LLC. Ali of which appears from the records and files.of my office. IN UTNFSS WHEREOF i have hereunto set my hand and affixed the SEAL of said County at my office in the City of Chicago, in said County this 1 r day of April A.D. 2013. {s>:AAt1 �L. County Clerk Fi lTrensMWflon & PlannbVTW ft4AGRWA9T;Hr W-TAW North E mM - TACO A60 3-143 mt.doa File Number: 7073704 Page 21 of 29 Doc Ntunher: 7073704 Seq: 21 kraye �c or c7) PIN #16-33-400-03 S-0000 File Number: 7073704 Page 22 of 29 Doc Number: 7073704 Seq: 22 (Page 23 of 29Q 4 + Z 0 m Z o Egg M IM Fn�y �i s.� r liv, ���Yli�� I• • law. �1 NE1l.. AvRr,w PMOW File Number: 7073704 Page 23 of 29 Doc Number: 7073704 Seq: 23 3 CO qL Aix �2 ♦10 r File Number: 7073704 Page 24 of 29 Doc Number: 7073704 Seq: 24 trage ;ez) or = , � � i � --'_ U7_ --- Fi|oNunober73704' Page 25of�D Doc Number: 7073704 o°n: 25 TABU 1 SQILANALMAL RESULTS TMG North Retail Station #1917 2 Waukegan Road, Oeadetd, WIROIS xote+; stzo=wnrcponabl�e Sold=toatertlrenen maceeda tke#lar SSR4tocQass ©@tmndwatu onatte s1},ppg37e.t7iucnotdate�f ebore tibaraOatYnUnitr 9-F e&orelheadja<tcdz xhoddeamew End wWbdmthas4v#DdtepwtGrBlt % MIBE� tCilf3ty buy9 fA►!Bf Rege 1 Df 1 File Number: 7073704 Page 26 of 29 Doc Number: 7073704 Seq: 26 (Page 27 of 2y) tAW92 �AaslyRatltemhs 7f v8lfoRb Bt4sA Sett Rl9t> 1M�n�hyed, OeaBdd Imnott Nc&v tal:a�Of..wy� BQaa W xwww.�.1'dl Ob]e�q veA.mbupawPaubw •aw4s, OvaAw@hbm wd•aa .wkw--nd*Vw 1 GM far ttm agmaodumteaw-r. G eCuw=*tl mtdsbp;Wsbaabbom" eepW¢@attz a-UOU"atfsatom eMkviaded7a We Wu[ ina1R the emsdtbfraas gtWted �mpfo. lAtuEemedtNtattaT-btdpfet&sr 1• ecs fiWonabavewes matipddelOtdoa GaitsadbelaW thes a1Mmwq tftm Feteidt File Number: 7073704 Page 27 of 29 f Doc Number: 7073704 Seq: 27 (Page 28 of 29) PIN #I6-33.400-035-MOO File Number: 7073704 Page 28 of 29 Doc Number: 7073704 Seq: 28 I r • {• • • t . • 1 86� • ISDiViCE STATION e C/1NOj�Y �^ _ MMW-8, • 1if�Y �f � �y �J • �5 P]PES J am a iIGAI aA-i�1 s5-sl S$ SB-i7 MUWT M IMShffit-Ad1A�ii ga �� LeG MD MAY S ..... - PF�PFRIY eOtuanARY TRUE NORTH ST':A.'�ON bSONTf pJWWE1LLO� T= It1417 2 WALTI{HQAN ROAD SM RORlM110 LOCATION AP,KitP1BZb, IT�dN073 COOK OnUNiYHAA PROPOSIDOOOKCOUNTY HM MAP NORTH Jan 97, zots r ` a 0 20 40 $0 as a•+o � 110 SCAM IN FEET AS SHOWN File Number: 7073704 Page 29 of 29 Doc Number: 7073704 Seq: 29