Title
Joint resolution authorizing the execution of an Illinois Environmental Protection Agency (IEPA) standard formal Highway Authority Agreement and a Lake County Supplemental Highway Authority Agreement, between Buchanan Energy (N) LLC. and Lake County, for a "No Further Remediation" (NFR) letter for its property at 1185 West Park Avenue, Libertyville, Illinois, which is necessary for the redevelopment of said property.
Staff Summary
· 1185 West Park Avenue, Libertyville: Highway Authority Agreements with Buchanan Energy (N) LLC.
· Buchanan Energy (N) LLC owns property situated at 1185 West Park Avenue, Libertyville, Illinois, which has, or has had, leaking underground storage tanks impacting the right-of-way of Butterfield Road, south of Illinois Route 176.
· Buchanan Energy (N) LLC is requesting a NFR letter from the IEPA relative to this property.
· As a condition of granting said NFR letter, the IEPA requires property owners to enter into standard formal Highway Authority Agreements stating rights and obligations relative to contaminants that may have migrated into nearby highway rights-of-way.
· Lake County has determined that a Supplemental Highway Authority Agreement is also necessary.
· This resolution authorizes the execution of both agreements with Buchanan Energy (N) LLC.
Body
R E S O L U T I O N
WHEREAS, Buchanan Energy (N) LLC is the owner of the property situated at 1185 West Park Avenue, Libertyville, Illinois; and
WHEREAS, Buchanan Energy (N) LLC is the owner, or operator, of leaking underground storage tanks presently, or formally, located at said site which caused the release of contaminants into the soil and/or groundwater, including within the right-of-way of Butterfield Road, south of Illinois Route 176; and
WHEREAS, Buchanan Energy (N) LLC is in the process of remediating contamination at said property located at 1185 West Park Avenue, Libertyville, Illinois; and
WHEREAS, Buchanan Energy (N) LLC has requested from the IEPA a NFR letter to enable the redevelopment of said site; and
WHEREAS, as a condition of granting the NFR letter, the IEPA requires the owner, or owners, of sites containing leaking underground storage tanks to enter into standard formal agreements with adjacent highway authorities; and
WHEREAS, Lake County, as the highway authority with jurisdiction of Butterfield Road, desires further stipulations over and above the IEPA standard formal highway authority agreement setting forth further rights and obligations between Buchanan Energy (N) LLC and Lake County resulting from the release of contaminants into the right-of-way of said Butterfield Road to enable the County's unimpeded use, and its approved permittees unimpeded use, of said right-of-way of Butterfield Road, south of Illinois Route 176; and
WHEREAS, said agreements require the County, as highway authority, to notify any future permittees or parties that may be performing construction activities within the right-of-way of said Butterfield Road of the potential contaminated groundwater and soils; and notification to Buchanan Energy (N) LLC to be responsible for all reasonable costs incurred in site investigation and remediation of the right-of-way associated with any future permit work or construction within said rights-of-way; and
WHEREAS, as a term and condition of Lake County executing said IEPA standard formal Highway Authority Agreement, a draft copy of which is attached hereto, Lake County and Buchanan Energy (N) LLC are desirous of entering into a Supplemental Highway Authority Agreement, a draft copy attached hereto, both agreements setting forth the rights and obligations between Buchanan Energy (N) LLC and Lake County arising out of the said release of contaminants into the rights-of-way of said Butterfield Road, south of Illinois Route 176.
NOW, THEREFORE BE IT RESOLVED by this Lake County Board, that the County Board Chair, the County Clerk and the County Engineer be authorized, and are hereby directed to execute, a standard formal IEPA Highway Authority Agreement and Lake County Supplemental Highway Authority Agreement, both agreements between Buchanan Energy (N) LLC and Lake County setting forth the rights and obligations between Buchanan Energy (N) LLC and Lake County arising out of and resulting from the release of contaminants into the rights-of-way of Butterfield Road, south of Illinois Route 176 associated with Buchanan Energy (N) LLC site situated at 1185 West Park Avenue, Libertyville, Illinois.
DATED at Waukegan, Illinois on May 13, 2014.