cover
TO: Mayor Richard C. Irvin
FROM: Ian Wade, Capital Projects Manager
DATE: February 13, 2023
SUBJECT:
Resolution authorizing the City to enter into a Highway Authority Agreement (and associated supplements) with Paul and Bill's Service Center, Inc. for property located at 300 West Galena Boulevard.
PURPOSE:
Paul and Bill's Service Center, Inc. has asked the City to enter into a Highway Authority Agreement (which includes Environmental Indemnity Agreement and Guaranty of Performance and Payment supplements) for property located at 300 West Galena Boulevard in the City of Aurora, Illinois
BACKGROUND:
Paul and Bill's Service Center, Inc. (hereinafter called "PBSC") is attempting to close an underground storage tank (UST) incident with the Illinois EPA. The incident is associated with a subsurface release of gasoline from USTs which appears to have migrated onto a City right-of-way.
DISCUSSION:
Generally, the City has two options pertaining to contamination beneath its roadways. One option is to enter into a Highway Authority Agreement (HAA), which would allow any contamination under the roadways to remain in-place and is commonly used when contamination has migrated off private property and under a City highway or road. These agreements are the result of the Illinois Department of Transportation (IDOT) getting involved in the Tiered Approach to Corrective Action Objectives (TACO) rule change which required the Illinois Pollution Control Board to consider land use controls in determining risk to human health from contaminated soil and groundwater and environmental cleanup regulations. As a result of IDOT's efforts, HAAs became a frequently used land use control recognized in TACO.
The second option would be for the City to require PBSC to excavate and remove all contaminated soils in the right-of-way, which is far less desirable for both parties for economical and logistical reasons.
IMPACT STATEMENT:
The execution of this agreement allows PBSC to clo...
Click here for full text