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O-13-22VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-13-22 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 655 N. 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 655 N. 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 655 N. 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 _ i;Lill -C: _ _ , 2013. AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 17th _ day of June , 2013. 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' 1633102016 �1633104023 :1fi33104003 ! 1633104047 _...-.. ._.... ... .... _._. _. _._ 1633104024 1633104004 1633102060 - c �' w 1633104048 '1633104025 1633104005 1633102061. s 1633102019 1633104049 �1633104026 ,1633104006 1633102062 ' V 1633102020 1633104050 1633104027 .1633104007 - --1633102063,E 1633102021 - - - - - 1633104028 '1633104008 _ 1633102064.- 1633104051 ... .. _ '- - - -- ♦♦♦ 1633102022 1633104029 '1633104009 1633102065 1633104052 1633104030 '1633104010 16331020664 'nY y �^y0 'Tj 0p F Z 0 D O o'o .1 o� c° 0 o o o Z co, o ff O Z� y x �g ..3 TOTS O O y_ O AO 0. ZT g� oa y Z o 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 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 Illinois Protection Agency ("IEPA") does not approve the attached Highway Authority Agreement ("HAA") [Attachment 1] as an institutional control for the Site and 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 owner and operator of the gasoline underground storage tanks and the automobile service station facility located on the property commonly known as 655 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 35 111. 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 1 soil remediation objectives for residential property and Tier 1 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 1 residential levels under 35 I11. 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, TN 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 numbers 20080898 and 20120359 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 I11. 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 S. The Village holds a fee simple interest, a dedication for highway purposes or 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 the undertakings of TN to the Village 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. 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 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 ("Remediation 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 is 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 this Supplemental Agreement and/or HAA are limited to an aggregate maximum of $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. M IN WITNESS WHEREOF, True North Energy LLC, has caused this Agreement to be signed by its duly authorized 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. �'Ik- 4�- By: Kent t. Street Its Village Manager [.1 EXHIBIT A LEGAL DESCRIPTION THE SOUTH 15 FEET OF LOT 53 (EXCEPT THE EAST 10 FEET THEREOF) AND ALL OF LOT 56 (EXCEPT THE EAST 10 FEET THEREOF) IN GOLDMAN'S NORTH SHORE GOLF LINKS SUBDIVISION IN THE NORTH 1 /2 OF THE NORTHEAST 1 /4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS, EXCEPT THAT PART OF THE LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED MAY 11, 2004 AND RECORDED JULY 26, 2004 AS DOCUMENT 5608371 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID SOUTH 15 FEET OF LOT 53; THENCE ON AN ASSUMED BEARING OF SOUTH 30 DEGREES 08 MINUTES 11 SECONDS EAST ALONG THE WESTERLY LINES OF SAID LOT 53 AND 56, A DISTANCE OP 94.87 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT BEING SAID WESTERLY LINE OF LOT 56, 11.13 FEET HAVING A RADIUS OF 30.00 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 40 DEGREES, 46 MINUTES 01 SECONDS EAST, OF 11.07 FEET TO THE POINT OF BEGINNING; THENCE NORTH 38 DEGREES 36 MINUTES 08 SECONDS EAST 3.40 FEET, THENCE SOUTHEASTERLY ALONG A CURVING TO THE LEFT, 18.99 FEET, HAVING A RADIUS OF 22.57 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 65 DEGREES 16 MINUTES 18 SECONDS EAST, 18.44 FEET; THENCE SOUTH 30 DEGREES 23 MINUTES 42 SECONDS EAST, 1.72 FEET TO nip WESTERLY LINE OF LOT 56; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT BEING SAID WESTERLY LINE OF LOT 56, 21.23 FEET, HAVING A RADIUS OF 30 FEET, THE CHORD OF SAID CURVE BEARS NORTH 71 DEGREES 40 MINUTES 19 SECONDS WEST, 20.79 FEET TO THE POINT OF BEGINNING. SAID PARCEL 0003 HEREIN DESCRIBED CONTAINS 43.74 SQUARE FEET, MORE OR LESS. STREET ADDRESS: 655 WAUKEGAN ROAD, DEERFIELD, LAKE COUNTY, IL PROPERTY TAX IDENTIFICATION NUMBER: 16-33-102-089-0000 ATTACHMENT I HIGHWAY AUTHORITY AGREEMENT ("HAA') HIGHWAY AUTHORITY AGREEMENT This Agreement is entered into thisj]�day of Tune , 2013 pursuant to 35 Ill. Adm. Code 742.1020 by and between True North Energy LLC ("Owner/Operator") and the Village of Deerfield, Illinois ("Highway Authority"), collectively known as the "Parties." WHEREAS, True North Energy LLC is or was the owner or operator of one or more leaking underground storage tanks presently or formerly located at 655 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 I 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 prevent groundwater beneath the Highway Authority's right-of-way that exceeds Tier I remediation objectives from use as a supply of potable or domestic water and 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 numbers 20080898 and 20120359 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. Attached as Exhibit C is a scaled map prepared by the Owner/Operator showing the area of the Highway Authority's right-of-way on Longfellow Avenue which are 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 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. 6. The Highway Authority stipulates it has jurisdiction over the Right -of -Way that gives it sole control over the use of the groundwater and access to the soil located within or beneath the Right -of -Way. 7. The Highway Authority 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 I residential remediation objectives. The Highway Authority further agrees to limit access by itself and others to soil within the Right -of Way exceeding Tier I residential remediation objectives. Access shall be allowed only if human health (including worker safety) and the environment are protected during and after any access. The Highway Authority may construct, reconstruct, improve, repair, maintain and operate a highway upon the Right -of -Way, or 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 remove soil or groundwater from the Right -of -Way and dispose of the same in accordance with applicable environmental laws and regulations. The Highway Authority agrees to issue all permits for work in the Right -of -Way, and make all existing permits for work in the Right -of -Way, subject to the following or a substantially similar condition: As a condition of this permit the permittee shall request the office issuing this permit to identify sites in the Right -of -Way where a Highway Authority Agreement 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 shall be referenced in the Illinois Environmental Protection Agency's (the "Agency") no further remediation determination issued for the Release. 10. 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 2 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 the Highway Authority, 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 -Way is demonstrated to be suitable for unrestricted use and the Agency issues a new no further remediation determination to reflect that 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, 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 Illinois Environmental Protection Agency 1021 N. Grand Ave. East PO Box 19276 Springfield, IL 62974-9276 Highway Authority Village of Deerfield 850 Waukegan Rd. Deerfield, IL 60015 ATTN: Village Manager 3 David P. Nye, CHMM General Manager Environmental Services True North Energy, LLC 10346 Brecksville Road Brecksville, Ohio 44141 IN WITNESS WHEREOF, the Parties have caused this agreement to be signed by their duly authorized representatives. VILLAGE OF DEERFIELD Date: b — / 7 , 2013 By: t4.,�ae ' f Its: `G 1�p TRUE NORTH E ERGY LLC Date: ` 50 , 2013 By: Davr` P. Nye Title: General Manager, Environmental Services C! -PLC'+T@ I y 7, 2013 BY, Lrblr Cn USED. Cvtw cvpkr U-9 ak cw> m PAPER SPAR -TA#. Fire J DV5 PAT` In201:_C�.K�irve Nartn E� Qy\D*M Feld. 655 VauM�pon Ro"-TX U9:6VIRu'�s�2032�Dvr117v11 - 655 VAtKCGAN - Equ�� - ALL SW ArxfytKal RfiLLiSAtp N �X(ry y m A Xrn-1� i x1"I --I ca A N N n n n n 7-O,O O� nnnn nC"O �OOOOO�N n QO0Wr}O�� 1�. WNW�pIr >ooW�N I _J 00000 O bboip iN 01 N 'N [N+� f O� V NNN(T 00N Vuwv NJ! \ , eN NIA r O W 1 �OOOOQ�N XrntiO 1` `mil 00000 N Eft m O,� Q� O b� N O � X f*f 1 m A I � r�.r .r Co •11 N'iDONO�ON . 00000 Qi a0 W N � N W I A j A 2 dill •r W ,cn9 O.A� Q� a;P o..,No�o.��0 00 N OOAOAB.Co IOm ► .d / z �Xrn-lm na 0,D 0 0I• M ��.A_AOAtn._ m m oOoflO�ONI ixrn-4a] Liles{ tJ' IN^'Coo'00 w 0000: O QO�NN CJ� O O 0 0 0 O Co O 6 9 nnt^'m Vv Co 00n �nI i C_ mp :*93 � Y 000o�o`� 00 ` mz oapoQW °m ko _ 2^ N N n uP OV' mO1 I AA OOUV im W O OO'O W v CI Ol�i�ll Io Tl W. IWI C] Q FAT mliN N _c O O Q N N .� .. O O Q 044 F'�®� O O O A O� a A N OW WWO , N�01IJ W WWW cCN _!O 1-1 L1 ?' IP - O W O p or nn S � m v m 4Q a A :pO OOQN 4 :_j aZ m �-' a 0000 NW �m�ZSi ;a w NNOVO m rn %C7 o- fm m �� [_`. U�D-i x ; m o n0miOTcon 60 x m T m An _< Z z o _<rr-mmO M «xi .�. � ^T O -i D m mC�a oDwm T 3" ` 'M Z TO O �mNi -IT gz a �mmm n -U Tay j'- w A mX Pn y `c �zZ 22 4g O-. rZ�U; mm=Z 0 7 m ;000'm oDc 00 �nrn0 mia) Clo90 '•� In"im3 no Cm mmN = sc c� Z oyvia 3 m D F �o v �I c EXHIBIT A-1 0 �� 0 X to O0 v (A No a r Z c m o O 0 m D r- Z v r 0 Z Q m 0 z W M �+ r� p O n { r n z n 0 z CO Q 'PLOTTED Morel, 30, 2012 BYE DeMowo. Anthony CTB USED Color Ccpler- (1-9 Block). tb PAPER SPACE TAB- Figure 5-GV CONC OL23.2M DVG PATH D\2011-profs\True North Energy\Deer-nMd, 655 Voukegon Rood -TN e1916\ngwes\2012\DVG\Sh0f - 655 VAUKEGAN - GV PLUME MAP HAA.deg O CJ CJN O N N CJ CJON O W A SXm-i CL SXf'l -1 [D SXm-im f C)1 in Cn f CJl (_n UI �/ N N P N IIIA Co W nnnn�w I nnnnnPwi g�000Cn NC0 f000v NW 000W NCI (T Cn Gn AMA cn J J N N Ui - 3xm�m N Lin W -=v= N OLn I i 1- Kxm�m t0 N� O w rL [�1n 00 K) i0 c0; , N 1 �xm tm z G� �i t t .1v C ~ ` �'✓ r t ` ..1 /.J '\ w N , S �)3 A �..: � � J � i � ♦ �xm-im ;��. nnnW Wr` D ��;f fin in in .y 'Y �co cnco / 0 0 _- \`. . _ • "--Cl F-<11, rf / / ^ -cOi+ .cOn -con �0 0 � -n �xm-am f n nnnumw� / 0 f / Kxm�m nnnnww� f cn in in ZG� 4xm-- m O N � n n n W W n OOON 0C> f CnNN cDpo il L)l 1 $o o (A7 �o n m f hh �A1 In 0) mo z O pp > m 0 n n n n i W o uJ O tLf O' 0 = � � f cn in cn W N G7- N CJ tJ 5m'- ~ z � m$ k d— Z =m�� N%-tm-imG)m� L� Gl m m N to v, O m�D� �m `� o m0-iOmmDm m O m N O tT7 C�171 M > p Z O� r O O O r OK O C7 z`� r19 mD 1 00 o <Drmmz�z Z Z o m t m D OG� to akx -n oo �� o A mmmozc o o m rrl Z n� r ►- mOOm m� m mrz z d9�� xOmm o° °� �mz m�� m m r O Z O m0 � 0 z .ZDI m m m m ;Ll Z71 m O m Z r " n O cAi r n cZn D O m 00 1 Z-n m 5 m m O Z m t r D ITT odd tyn y m -D-t O p r O 55 p Di q o omZ ° z n u, o z T A O o m Z 00 Y 0 D A m O O A p EXHIBIT A-2 TABLE 1 SOIL ANALYTICAL RESULTS - BTEX/MTBE True North Station #1916 655 Waukegan Road, Deerfield, Illinois Tier 1 Sail Remedlation Objealves Benzene m/ Toluene (Mg/kg) Ethylbenzene i Total Xylenes MTBE m Migration to doss ll Groundwater 0.17 29 19 150 0.32 Inhalation (Residential) 0.8 650 400 320 8,800 Ingestion (Residential) 12 16,000 7,800 16,000 780 Inhalation (Construction Worker) 2.2 42 1 58 5.6 140 Ingestion (Construction Worker) 2,300 410,000 20,000 41,000 2,000 SoASaturattan Umit 870 650 400 320 8,800 Boring # Date De th Feet 5/16/2008 3 0.584 0.061 1.27 0.838 <0.058 SB-1 6/2/2008 8 <0.0043 <0.0043 <0.0043 <0.0043 0.041 SB-2 5/16/2008 3 0.018 <0.0047 <0.0047 <0.0047 0.0058 5/16/2008 3 <0.0045 <O.0045 <0.0045 <0.0045 <0.0045 SB-3 6/2/2008 6 <0.0041 <O.0041 <0.0041 <0.0041 0.022 5/16/2008 3 0.0051 <0.0049 <0.0049 <0.0049 0.012 SB-4 6/2/2008 8 5.39 23.2 87.8 Z92.6 <O:852 SB-5 5/23/2008 3 0.042 <O.0046 <0.0046 <0.0046 0.0055 5/29/2009 2-3 <0.0011 0.0026 0.0017 0.0036 0.0790 SB-6 5/29/2009 3-4 <0.0010 <0.0010 <0.0010 <0:0010 0.0446 SB-7 5/29/2009 2-3 <0.0009 0.0054 <0.0009 <0:0009 <0.0046 SB-8 5/29/2009 2-3 <0.0009 0.0071 <O.0009 <0.0009 0.0175 SB-9 1 5/29/2009 3-4 <0.0008 0.0064 <0.0008 <0:0008 <0.0040 SB-10 12/17/2009 2-3 <0.0012 <0.0012 <0.0012 <0.0012 <0.0060 SB-11 12/17/2009 3-4 <0.0010 <0.0010 <0.0010 <0.0010 0.0070 SB-12 12/17/2009 3-4 <0.0008 0.0011 <0.0008 0.0092 <0.0042 SB-13 12/17/2009 2-3 <0.0W9 <0.0009 <0.0009 <O.0009 <O.0046 SR-14 12/17/2009 2-3 <0.0008 <Q00O8 <O-DD08 <0.0008 <0-0042 513-15 1 12/17/2O09 .3-4 <0.0013 0.0014 <0.0013 0.002-9 0-0225 SB-16 12/17/2009 2-3 <0.0009 <0.0009 <0.0009 <0.0009 <0.0046 4/19/2012 3 0.0969 <0.0735 0.757 1.45 <0.0735 DI-1 4/19/2012 5.5 <0.0249 <0.0622 0.0808 0.129 <0.0622 4/19/2012 3 <0.0253 <0.0632 0.0435 <0.0948 <0.0632 PP 1 4/19/2012 5 0.0655 <0.0686 0.0583 0.109 <0.0686 4/19/2012 4 <0.212 <0.531 0.966 1.78 <0.531 PP-2 4/19/2012 5 <0.0248 <0.0621 0.034 <0.0931 <0.0621 4/19/2012 3 <0.954 <2.39 38.9 75.1 <2.39 DI-2 4/19/2012 5.5 0.0445 <0.0646 0.165 0.197 <0.0646 DI-3 4/19/2012 3 <0.0228 <0.057 0.0882 0.125 <0.057 WW-1 4/20/2012 3 <0.0329 <0.0822 <0.0411 <0.123 <0.0822 W W-2 1 4 2012012 3 <0.0812 <0.203 6.05 1.93 <0.203 NW-1 4/20/2012 3 0.17 0.0853 0.577 0.813 <0.077 PP-3 4./20/ 2012 5 0.076 0.992 1.36 5.97 <0.0596 SW-1 4/20 2012 3 0.0602 <0.0588 00295 0.176 <0.0588 PP-4 4/25/2012 3.5 0.0678 <0.0097 <0.013 0.04481 <0.0132 PP-5 4/25/2012 1 3.5 <0.0121 <0.0083 <0.011 <0.0266 <0.0112 Notes: SRO = Soil Remediation Objective mg/kg= milligrams per kilogram Bold = Concentration exceeds Tier 1 SROsfor Class JI Groundwater Shaded = SoH sample excavated and re -sampled < 0.00437 = Concentration not detected above laboratory method limits MTBE=Methyl tertiary butyl ether J = Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit EXMBIT B-1 Page 1 of 1 TABLE 2 GROUNDWATER ANALYTICAL RESULTS True North Retail Station #1916 655 Waukegan Road, Deerfield, Illinois Tier 1 GRO -Class I Groundwater 5 1,000 700 MOM 70 Tier 1 GRO -Class 11 Groundwater 25 2,500 1,000 10,000 70 Well ID Date Top of Well Casing Elevation (TOC (feet) Depth to Groundwater (BTOCI (feet) Static Groundwater Elevation Benzene (ug/LI Toluene (ug/L) Ethylbenxene (ug/L) xylenes (ug/L) MTBE (ug/L) 7/1/2008 98.59 4.94 93.65 9.1 <2 <2 <2 165 10/21/2008 98.59 2.86 95.73 c1 <1 Q <2 195A 2/12/2009 98.59 3.35 9524 <1 <1 11 <3 5773 MW-1 6/22/2009 98.59 2.83 95.76 c1 <1 <3 <3 232.5 1/11/2010 98.59 3.75 94.84 <1 <1 <1 <1 100_6 5/17/2010 98.59 2.76 95.83 Not Sampled' 11/23/2011 98.59 3.46 95.13 <0.5 <0.5 <0.5 <1 320 7/1/2008 98.73 3.57 95.16 1,880 9,960 7;8g0 24,640 346 10/21/2008 98.73 3.18 95.55 418 6.47 37.66 8.6 659 2/12/2009 98.73 2.51 96.22 104.3'- 1940 10.51 2.04 186.5 MW-2 6/22/2009 98.73 1.52 97.21 Not Sampled` 1/11/2010 98.73 3.45 95.28 55.58 IAS2 6.022 <1 154.4 5/17/2010 98.73 2.87 95.86 Not Sampled' 11/23/2011 98.73 2.47 96.26 .52 0.96 0.95 cl 230 7/1/2008 9836 3.31 95.05 <2 <2 <2 Q 232 10/21/2008 98.36 3.30 95.06 <1 <1 <1 <2 352 2/12/2009 9836 NA NA Well was Plugged w/ Bentonite MW-3 6/22/2OD9 99.36 NA NA Well was Plugged w/ Bentonite 1/11/2010 98.36 NA NA Well was Plugged w/ Bentonite 5/17/2010 98.36 NA NA Well was Plugged w/ Bentonite 11/23/2011 98.36 3.39 94.97 <0.5 <0.5 <0.5 <1 200 7/1/2008 99.9 143 95.47 199 <5 12 5 681 10/21/2008 99.9 3.41 95.49 1,376 2,431 4,674 15,071 595 2/12/2009 98.9 3.17 95.73 1,512 1,287 5,303 16,497. <62.50 MWA 6/22/2009 98.9 2.76 96.14 Not Sampled` 1/11/2010 98.9 3.83 95.07 1,439 460.4 3,251 8,060 278.2 5/17/2010 98.9 2.76 96.14 Not Sampled' 11/23/2011 98.9 3.95 95.05 I,500 350 2,900 4, 100 300 7/1/2008 98.46 3.12 95.34 103 13 6.9 9.S 558 10/21/2008 98.46 2.64 95.82 75.54 1.74 3.47 2.02 764.9 2/12/2009 98.46 2.21 96.25 6.19 <1 I <1 <3 1 130.8 MW-5 6/22/2009 98.46 2.21 96.25 Not Sampled' 1/12/2010 98.46 3.06 95.40 8.58 <1 J <1 <1 3559 5/17/2010 98.46 2.35 96.11 Not Sampled' 11/23/2011 98.46 3.10 95.36 1.1 <0.5 <D.5 1 530 6/22/2009 96.49 0.00 96.49 <1 <1 <3 <3 448.0 1/11/2010 96.49 NA NA Unable to locate under snow MW-6 5/17/2010 96.49 1.69 94.80 Q <1 <1 <1 244:5 11/23/2011 96.49 2.78 93.71 <0.5 <0.5 <0.5 1 <1 280" 6/22/2009 98.84 3.81 95.03 <1 <3 <1 <3 <5 1/11/2010 98.84 3.57 95.27 <1 <I <1 Q <S MW 7 5/17/2010 98.84 2.83 96.01 Not Sampled' 11/23/2011 98.84 3.31 95.53 <0.5 <0.5 <0.5 <1 <1 6/22/2009 98.63 3.19 95.44 <1 <S <1 <3 360.9 1/11/2010 98.63 3.77 94.86 cl <1 <1 <1 215.3 M W-8 5/17/2010 98.63 3.16 95.47 Not Sampled` 11/23/2011 98.63 3.78 94.85 <0.5 <0.5 <0.5 <1 260 6/22/2009 98.26 166 94.60 1.05 1.36 <1 <3 297.1 1/11/2010 98.26 4.42 93.84 <1 <1 <1 <1 267.4 MW-9 5/17/2010 98.26 3.47 94.79 Not Sampled' 11/23/2011 98.26 4.43 93.93 <0.5 <0.5 <0.5 <1 320 1/11/2010 96.51 3.96 92.55 <1 <1 <1 <1 39.21 MW-10 5/17/2010 96.51 2.57 93.94 Not Sampled` 11/23/2011 96.51 3.30 93.21 <0.5 10.5 <0.5 11 49 1/11/2010 98.40 540 93.00 36,3 1.081 <1 4.406 476-7 MW-11 5/17/2010 98.40 4.10 94.30 124.7 2.706 2.242 4.237 1 335.7 11/23/2011 98.40 4.99 93.41 130 1A 0.91 3 320 1/11/2010 98.49 3.46 95.03 <1 <1 <1 <1 <5 MW-12 5/17/2010 98.49 3.21 9S.28 _ Not Sampled* 11/23/2011 98.49 3.27 95.22 <0.5 <0.5 <O.S cl <1 1/11/2010 98.53 3.83 94.70 <3 <1 cl Q 50.36 MW-13 5/17/2010 98.53 3.30 95.23 Not Sampled' 11/23/2011 98.53 3.81 94.72 <0.5 <0.5 <0.5 <1 52 1/11/2010 97.09 4.63 92.46 Q <1 <1 MW-14 5/17/2010 97.09 3.59 93.50 <1 cl c1 <1 64.54 11/23/2011 97.09 4.31 92.78 <0.5 <0.5 <0.5 <1 120 Notes TOC = Top of Casing GRO = Groundwater Remediation Objective ug/L = micrograms per liter BOLD = Exceeded Tier 1 GRO <S = Indicator contaminant concentration not detected above laboratory method limits. ' Well not sampled because delineating existing groundwater impacts. Page I of I EXHIBIT B-2 2 �O 70 OSTERMAN AVENUE *SB-13/ MW-12 P P P V SB-1 P /•• �MW-14� \ �•� SB-9/ \ TN #1916 a MW-7 • SB-4/ + MWA Sk6/ P • MW-3 VENT \ ` P, PIPES °\ SE ••`, TGANOPY \ /. *SB-l/ `• UST 1 MW-1 MW-Z / AREA SB-5/ �AI�W-8 SB 11�/ SIGN • �SB-121 -�MW-11 — - - — PROPERTY BOUNDARY MONITORING WELL LOCATION ® PROPOSED VILLAGE HAA ARE SOIL BORING LOCATION o PRODUCT DISPENSER AREA LIGHT 0 FIRE HYDRANT Q MANHOLE ® CATCH BASIN -0- UTILITY POLE S SANITARY SEWER NORTH SS STORM SEWER W WATER LINE 0 20 40 80 G GAS LINE BE OVERHEAD UTILITY SCALE IN FEET UG UNDERGROUND UTILITY — PRODUCT LINES SB-14/ MW-13 IDOT TRAFFIC - BOX #1916 655 WAUKEGAN ROAD DEERFIELD, ILLINOIS FIGURE 3 I PROPOSED VILLAGE OF DEERFIELD HIGHWAY AUTHORITY AGREEMENT MAP Mar 30, 2012 JOB NO_ um 25368399 DAMN BF. wCO Oh GG 100 SOUTH WPGI(ai DRIVEJMM mac. CHICAGO. 1wNOt5 PHONE (312) 939-10DO AS SHOWN ATTACHMENT 2 LIMITED AREA GROUNDWATER USE RESTRICTION ORDINANCE ("LGWO") 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: Severabilit : 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 _,1u-ue-_ _ , 2013. AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 17th day of ATTEST: illage Cler �y,\f � Y 'L Syr+ r•`. r.. y• �{fir\�J til.��}� r I2 ° 1 Village President -3- 2013.