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MEMORANDUM OF

AGREEMENT

B

ETYVEEN

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY

AND THE

ILLINOIS DEPARTMENT OF TRANSPORTATION

THIS,AGREEMENT

is entered into

this

29

day

of

Sept.,

by and between

the

Illinois

Environmental

Protection Agency (illinois EPA”) and the Illinois

Department of

Transportation (“IDOT”),also referred to

herein

as “the Parties,” forthe specific purposes

hereinafter set forth.

I.

BACKGROUND

Environmental investigative activities being

undertaken

on

lOOT’shighway

property

have

revealed and

may in

the future reveal certain

areas of environmental contamination

(“sites”)oc~ this property. These sites include those where substances regulated

by

Illinois

EPA were or may have been released into the environment

as a result of

activities

conducted over the history of the highway

property.

Because the highway property

is currently and will likely remain

a highway

property,

lOOT desires future site

remedy determinations take land use into

account

in order

to

facilitate the use

of risk-based remediation criteria.

The Parties

agree when institutional

controls (“IC’s”)

are

necessary to

assure the reliability of

land use assumptions,

it is

essential that

appropriate procedures

be put in

place

to

ensure such controls will

be

maintained for

as long

as

necessary to

keep the chosen remedy fully protective of

human health

and the ~nvironment.

In

response

to

negotiations

between

Illinois EPA and

lOOT,

lOOT has

developed

a

process, attached

hereto

as Appendix

A, to

maintain those

IC’sthe Parties

have chosen

or may hereafter agree should be

implemented

in

connection with

any site

on

lOOT’s

highway property. This Agreement is an

integral part of the process.

II.

DEFINITiON

As

used herein, the term

“institutional control” or “IC”means any

restriction or control

arising from

the need to

protect human health

and the environment

and

limits the use of

and/or

exposure to

environmentally contaminated

media (e.g.,

soils,

surface water,

groundwater)

at

any site on

DOT’shighway property.

The term

includes controls

on

access

and

encompasses

deed restrictions

and

other non-engineered

mechanisms for

ensuring

compliance with

necessary land

use

limitations.

III.

PURPOSE

The Parties

intend to

accomplish the following specific objectives through execution of

this Agreement:

a.

To

implement a

process

to ensure appropriate long term

maintenance of

those

IC’s thatmay

have already or may hereafter be

selected for

implementation

as part of remedy

selection

for any site on

DOT’shighway

property.

It

is intended such a

process will

in turn:

H

H

---

The planned conveyance of any

site with

IC’smay prompt

Illinois EPA to

re-evaluate the

continued

appropriateness

of any

previously agreed

upon

IC’sbased upon the level of

assurance

provided.

VI.

CHANGE

IN APPLICABLE

STANDARDS

Nothing

herejn

should be

construed to

preclude

lOOT from proposing at

any time or from

the Parties

otherwise agreeing

to effect the deletion

of any site from coverage under the

terms of this Agreement on

account of eithen

(i)

a post-remedy

implementation change

to

applicable

State

risk-based

cleanup standards,

or (ii)

a change

in

previously

documented

contaminant concentration

levels allowing for

unrestricted use.

No site will

be deleted without the written consent

of both

Parties.

VII.

FUTURE COMMUNCIATIONS

VVithin

ten: days

of execution of this Agreement,

each Party

shall notify the other Parties

as

to the name(s),

address(es),

telephone number(s),

electronic mail address(es)

and

facsimile number(s) of their respective representative(s) who should

receive all

correspondence and

communications on

behalf of the Party

pertaining to all matters

falling

under the terms of this Agreement.

A listing

of agency representatives will

be

attached

hereto

as Appendix

E

and will be

updated by the Parties

as

appropriate.

VIII. DISPUTES

All

Parties agree

to

use a good-faith effort to

resolve any and all

disputes, hereafter

arising with

regard to

the Department’ssubstantial good-faith

compliance with the terms

of this Agreement relating to

the sites addressed hereunder.

IX.

RESERVATION

OF RIGHTS

It

is agreed

and

understood that

Illinois

EPA reserves

all

rights and

authorities

it may

currently

have or hereafter acquire

by law

to require

DOT to

comply with those federal

or State

laws and

regulations applicable to the investigation,

cleanup

and long

term

maintenance of those sites to

be covered

by this Agreement.

It

is also

understood that

lOOT reserves

those rights and authorities granted

to

it by federal or State law

regulation,

or executive order.

lOOT further reserves the right to put highway property to

those uses

deemed necessary in

its

discretion for mission

accomplishment.

X.

AMENDMENT

Any amendments

to this Agreement

must be in writing and will

be executed

by the

undersigned signatories

or their duly

authorized designees or successors

and must

be

attached

to this

original Agreement.

Xl.

TERMINATiON

This Agreement will terminate

at such time

as the undersigned representatives

of the

Parties or their

successors,

mutually concur the aforesaid

objectives of the

Parties

have

been fulfilled

and the need for such

an Agreement no longer exists.

Alternatively,

any

Party may unilaterally withdraw from

this Agreement

upon sixty (60)

days written

notice

to the other Parties

but

only

after reasonable efforts have first been made by

all

Parties

---

APP EN DIX A

lOOT may need

to

obtain

a

No

Further Remediation letter (“NFR letter”) at non-fixed

facilities.

In most

cases, these facilities are pump

stations within our

highway system

that

contain underground storage

tanks (USTs) that are removed because they

are

no

longer being ~used.Occasionally,

NFR letters are

obtained under the Site Remediation

Program

for orphan

USTs that are

removed from

our right-of-way (ROVV)

during

construction.

In either case, lOOT will remediate the contaminants of concern until they

meet the requirement of 35 Illinois

Administrative Code 742

(TACO).

The following is

the procedure to

be

utilized by

lOOT to

match NFR letters to

property that do not have a

legal

description,

real

estate tax index,

or parcel index number.

Once lOOT receives an

NFR letter from

IEPA on

a property

that does not have a legal

description,

real

estate tax index,

or parcel index number,

copies of the NFR letter will be

sent to

the district’sEnvironmental Coordinator,

district’sLand Acquisition

Engineer,

Central Office’sLand Acquisition

Engineer,

Chief Counsel’sOffice, Bureau

of

Operations, Bureau of Local

Roads and

Streets,

and

Illinois

State

Geological Survey

(ISGS).

ISOS

is recording

the location of

all

lOOT environmental concerns (Preliminary

Environmental Site Assessment (PESA),

Preliminary Site

Investigation

(PSI), highway

authority agreements,

and

access permits)

using Street Atlas software.

ISGS provides

the Central Office

and the districts with the database

and

it is updated on

a regular

basis.

The location

of the NFR letter will

be recorded

on this database

and the database

will

be provided

to the appropriate lOOT personnel.

Prior to disposing of excess property,

lOOT’s CentralBureau of Land Acquisition

and

district’sBureau of Land Acquisition will review ISGS’sdatabase to determine if the

excess property

has any environmental

concerns.

If an NFR letter is discovered

on an

excess

parcel in

that

process,

it will

be recorded with the quick

claim deed.

Notification

of the recording will be sent to

EPA.

Prior to

a jurisdictional

transfer of property,

lOOT’sCentral Bureau

of Local Roads and

Streets,

Central Bureau

of Land acquisition,

district’sBureau of Local

Roads

and

Streets,

and

district’sBureau

of Land Acquisition will review ISGS’sdatabase to

determine

if the excess

property

has any

environmental

concerns.

If an

NFR letter is

discovered

on an

excess

parcel in that process,

it will

be noted.

The jurisdictional

transfer document will

provide that the transfer

is subject

to

the NFR letter,

and it will

be

appended

to

those documents and

properly

recorded,

if a conveyance

of title is involved

in

the chain of title to

the property when the deed is recorded.

Notification

of the transfer

will ~e sent to

EPA.

Prior to

issuing a

utility

permit, lOOT’s Bureauof Operations and

district’sBureau

of

Operations will review ISGS’sdatabase to

determine

if the property has any

environmental concerns.

If an

NFR letter is discovered

on the property,

then the

utility

affecting

any condition of the

NER

letter will

be

required to

restore the property

to

meet

those conditions.

IEPA will

be notified

if the

property cannot

be restored to

meet the

conditions

in the NFR letter.

Prior to

maintenance excavation

on the property, lOOT’sCentral Bureau

of Operations

and district’sBureau of Operations will

review ISGS’sdatabase to

determine if the

property

has

any environmental

concerns.

If an

NFR letter

is discovered on the

---

3

APPENDIX A

lOOT may need

to

obtain

a No

Further Remediation letter (“NFR letter”) at

non-fixed

facilities.

In most cases, these facilities are pump’stations within our highway system

that

contai~~

underground storage tanks

(USTs) that are removed

because they are

no

longer being

used.

Occasionally,

NFR letters

are

obtained under the Site

Remediation

Program for orphan

USTs that are removed from our right-of-way (ROW) during

construction.

In either case, lOOT will remediate the contaminants of concem

until they

meet the requirement

of 35 Illinois Administrative Code 742 (TACO).

The

following is

the procedure to

be

utilized by

lOOT to match

NFR letters to

property that do not

have a

legal description,

real

estate tax index, or parcel index number.

Once lOOT receives

an

NFR letter from

IEPA on

a property that does

not have a legal

description,

real

estate tax index,

or parcel

index number,

copies of the NFR letterwill

be

sent to the district’sEnvironmental Coordinator,

district’sLand Acquisition

Engineer,

Central Office’sLand Acquisition Engineer, Chief Counsel’sOffice, Bureau

of

Operations,

Bureau of Local

Roads and Streets, and

Illinois

State Geological Survey

(ISGS).

ISGS

is recording the

location

of all lOOT environmental concems (Preliminary

Environmental Site Assessment (PESA),

Preliminary Site Investigation

(PSi),

highway

authority agreements,

and

access permits) using Street Atlas software.

ISGS provides

the Central Office

and

the districts with the database and it is updated

on

a regular

basis.

The location of the NFR letter will be

recorded

on this database and

the database

will

be provided to the appropriate lOOT personnel.

Prior to disposing of excess property, loors

Central Bureau

of Land Acquisition

and

district’sBureau of

Land Acquisition will review ISGS’sdatabase to

determine if the

excess

property has any environmental

concems.

If an NFR letter is discovered on an

excess

parcel

in that process,

it will

be recorded with the quick claim deed.

Notification

of the recording will

be sent

to [EPA.

Prior to

a jurisdictional

transfer of property,

lOOTs Central Bureau of Local

Roads and

Streets, Central Bureau of Land acqui~ition, district’sBureau

of Local Roads

and

Streets, and

district’sBureau of Land Acquisition will review ISGS’sdatabase to

determine if the excess property has any environmental

concems.

If an NFR letter is

discovered on

an excess

parcel

in that process,

it will

be

noted.

The jurisdictional

transfer document will provide that the transfer is subject

to the NFR letter,

and it will

be

appended to

those documents and properly recorded,

if a conveyance of title is involved,

in the chain of title to

the property when the deed is recorded. Notification of the transfer

will ~esent to IEPA.

Prior to

issuing a utility

permit,

lOOT’s Bureau of Operations and

district’sBureau of

Operations

will review ISGS’sdatabase to determine if the property has

any

environmental concerns.

If an NFR letter is discovered on the property, then the utility

affecting any condition

of the NFR letter will be required to

restore the property to

meet

those donditions.

IEPA will

be notified if the property cannot be

restored to

meet the

conditions in the NFR letter.

Prior to

maintenance excavation

on the property,

lOOT’s Central Bureauof Operations

and district’sBureau of Operations will review ISGS’sdatabase to determine if the

property

has

any

environmental concems.

If an

NFR letter is discovered

on the

---

a

APPENDIX

B

INSTITUTIONAL CONTROL

SITE LISTING

Date last updated: March 30,

2000

0310515309—

Cook

County

Cicero/I DOT Pump

Station #28

Cicero

and

Ogden

U,JST Incident

No.

972339

2.

1430655295

—

Peoria County

Peoria/Amoco Service Station

#9543

3534 Northeast Adams Street

LUST Incident

No.

920316