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File #: ORD 19-27    Name:
Type: Ordinance Status: Passed
In control: President and Board of Trustees
On agenda: 3/18/2019 Final action: 3/18/2019
Title: An Ordinance Approving a Highway Authority Agreement and an Environmental Indemnity Agreement between True North Energy, LLC. and the Village of Oak Park for the Property Located at 1 Harrison Street and Authorizing their Execution
Attachments: 1. Ordinance HighwayAuthorityAgreement 1 Harrison, 2. HAA 1 Harrison Street 3-12-19, 3. Env IndemnityAgreement 1 Harrison 3-12-19
Submitted By
Bill McKenna, Village Engineer

Reviewed By
LKS

Agenda Item Title
Title
An Ordinance Approving a Highway Authority Agreement and an Environmental Indemnity Agreement between True North Energy, LLC. and the Village of Oak Park for the Property Located at 1 Harrison Street and Authorizing their Execution

End
Overview
Overview
The property owner of 1 Harrison Street ("Owner") seeks to secure a closure of an incident regarding a leaking underground storage tank site at Shell gas station with the Illinois Environmental Protection Agency (IEPA) which would include the execution of a Highway Authority Agreement (HAA) and a Limited Environmental Indemnity Agreement with the Village. A HAA identifies the areas in the right-of-way which exceeds IEPA soil remediation objectives and provides a mechanism to alert those who may need to perform any excavation work in the area. A Limited Environmental Indemnity Agreement identifies the cost responsibility for managing contaminated soils.

Body
Staff Recommendation
Approve the Ordinance.

Fiscal Impact
There is no fiscal impact if the Ordinance is approved. The Owner has paid for all the testing and the Limited Environmental Indemnity Agreement requires the Owner to pay all costs associated with any environmental issues should the Village, or its permittees, need to perform work in the streets where there is contamination. The Owner will also pay for recording of the agreements with the Cook County Recorder of Deeds.

Background
Petroleum products from a former leaking underground storage tank at the Shell gas station located at 1 Harrison Street, the southwest corner of Harrison Street and Austin Boulevard, have leaked into the soils over time. Following an environmental site investigation by the Owner it was determined that soil contamination spread into the public right-of-way on Austin Boulevard.

The current owner is requesting to obtain a Highway Authority Agreement (HAA) to allow for this c...

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