R-23-00 02/28/2000RESOLUTION
RESOLUTION APPROVING AGREEMENT BETWEEN
VILLAGE OF LEMONT AND METRA
FOR OPERATION AND MAINTENANCE OF
COMMUTER PARKING FACILITY
WHEREAS, the Village of Lemont seeks to enter into an agreement with the Commuter Rail
Division of the RTA (Metra) for operation and maintenance of a commuter parking facility located
at 100 Ed Bossert Drive; and
WHEREAS, Exhibit A attached hereto outlines the the terms and conditions of the
Agreement; and
WHEREAS, it is in the best interest of the community and the public to enter into this
Agreement to provide additional parking for commuters.
NOW THEREFORE BE IT RESOLVED that the Agreement for Operation and
Maintenance of Commuter Parking Facility attached hereto as Exhibit A is hereby approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS
on this 28th day of February , 2000.
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
Approved by me this 28th day of
Attest:
AYES NAYS PASSED ABSENT
v
CHARLENE SMOLLEN, Village Clerk
Approved as to form:
/S7 -5,90 4 ieo�%1 if
Vi lage Atto>i y
Date:
AGREEMENT FOR OPERATION AND MAINTENANCE
OF COMMUTER PARKING FACILITY
THIS AGREEMENT is entered into as of this 28th day of February 2000 by and
between the Commuter Rail Division of the Regional Transportation Authority, a division of
an Illinois municipal corporation ( "Metra ") and the Village of Lemont. an Illinois municipal
corporation ( "Municipality "). Metra and Municipality are hereinafter sometimes individually
referred to as a "Party" and jointly referred to as the "Parties ".
RECITALS
A. Metra presently owns and controls the property identified by permanent index numbers
22 -20 -303 -002 ,003 and 22 -20 -308 -018, 019, located at ioo Ed Bossert Drive, in the Village of
Lemont, in the county of Cook, and delineated on Exhibit "A" attached to and made a part
of this Agreement ( "Premises ").
B. Metra desires to grant to Municipality the right to manage, operate and maintain a
commuter parking facility and landscaping on the Premises ( "Parking Facility ").
C. Municipality has determined that the operation of the Parking Facility on the Premises
is in the best interests of the public and serves a valid public purpose.
NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are
hereby incorporated into and made a part of this Agreement and the mutual covenants and
agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged and accepted by the Parties, Metra does hereby grant to
Municipality the right to manage, operate and maintain the Parking Facility subject to and in
accordance with the following terms covenants and conditions:
1. FEE AND TERM. Municipality covenants and agrees to pay Metra as an annual
use fee for the Premises the sum of Ten Dollars ($10.00). Municipality's obligations and right
to use the Premises under the terms and provisions of this Agreement shall commence on the date
this Agreement is executed by all the Parties and shall continue in force and effect for a period
of forty (40) years from said execution date ( "Use Term ") unless otherwise terminated as
provided under the terms and conditions of this Agreement. Either Party may at any time
terminate this Agreement by giving the other Party ninety (90) days prior written notice of its
intention to so terminate.
2. PURPOSE OF USE. The Parties agree that the purpose of this Agreement is to
insure that the Premises is protected, maintained and operated as a commuter parking facility with
daily rates for public parking. Municipality desires to control access to said Premises and operate
PrkgOper.Agt: September 2, 1999
1.
and maintain said Premises. Parking lot fees set and collected by Municipality shall be
standardized for all patrons of the Premises and Municipality shall under no circumstances
discriminate against non - residents of the Municipality in setting parking fees. The Parking Facility
shall be operated as a daily parking lot with spaces available on a first- come -first -serve basis.
Metra reserves the right. at any time, to review and approve the amount of the parking fees
charged by Municipality.
3. USE BY METRO AND PLBLIC. Metra further reserves unto itself, its
successors and assigns, permittees and licensees the right to use said Premises in the general
conduct of its railroad business including endeavors for the convenience if its commuters and the
public. Municipality shall not interfere with or infringe upon Metra's or the public's lawful use
of the said Premises so reserved. Municipality further agrees that Municipality and Municipality's
employees and invitees in and about said Premises shall be subject to the general rules and
regulations of Metra relating to said commuter parking facilities and to Metra's railroad
operations. Metra reserves the nonexclusive right to regulate and control the people who enter
said Premises and their conduct and reserves the right to enter upon said Premises at any time and
to eject therefrom any disorderly person or persons.
4. MALNTENANCE, ACCESS AND RELOCATION.
(a) Municipality, at its own cost and expense, shall manage the Parking Facility
and shall be responsible for the performance of "Routine Maintenance" throughout the Use
Term. Routine Maintenance shall include but shall not be limited to snow removal, insurance,
lighting upkeep, sealing and patching pavement, patrolling the Premises and payment of utility
expenses associated with the operation of the Parking Facility. Municipality shall also be
responsible for capital improvements to the Parking Facility including but not limited to major
rehabilitation, excavation, demolition of structures, new construction, light standard placement
or replacement necessitated by damage to a structure. In the event Municipality fails to manage,
operate or maintain the Premises and the Parking Facility in accordance with the terms and
provisions of this Agreement, Metra may provide, or cause to be provided, such management,
operation and maintenance services and Municipality shall reimburse Metra for the cost of said
management, operation and maintenance services within thirty (30) days of Municipality's receipt
of a written demand for payment from Metra.
(b) Municipality accepts the Premises subject to rights of any party, including
Metra, in and to any existing roadways, easements, permits, or licenses. Municipality agrees to
provide access to the Premises to Metra and the public over and through the existing roadways
and easements should such access be deemed necessary by Metra. Municipality further agrees
that Metra shall not be responsible for the care or maintenance (including snow removal) of said
roadways.
(c) Municipality, at its own cost and expense, shall be responsible for the
"Standard Maintenance" of all landscaping on and along the Premises. For purposes of this
PrkgOper.Agt: September 2. 1999
Agreement, Standard Maintenance shall include without limitation watering, weeding, mowing,
trimming, and mulching as dictated by the specific plantings on the Premises.
(d) Metra, shall at its own cost and expense administer the "groundwater
monitoring program" required under Permit No. 1991 - 002 -DE issued by the Illinois
Environmental Protection Agency ( "IEPA "). and as stated in IEPA's April 10, 1991 letter
attached to and made a part of this Agreement as Exhibit B.
(e) Metra reserves the right to relocate the Parking. Facility or any portion
thereof, at its own cost and expense, in the vicinity of the Premises with no liability for damages
to Municipality's interest in the Parking Facility resulting from such relocation; provided,
however, that Metra shall give Municipality sixty (60) days prior written notice of its intention
to relocate the existing Parking Facility or portion thereof.
5. SIGNS. Municipality shall not post or place any signs on the Premises without
having first received Metra's approval of the content, design and location of the sign.
6. COMPLIANCE (LEGAL AND 1 SLR NCE).
(a) Municipality shall not use or permit upon the Premises anything that will
invalidate any policies of insurance held by Metra or Municipality now or hereinafter carried on
or covering the Premises or any improvements thereon. Municipality shall manage, operate,
maintain and use the Premises and improvements thereon in compliance with the requirements of
all local, state and federal ordinances. laws. rules and regulations in effect during the Use Term.
(b) Municipality and its contractors shall maintain insurance in amounts and
foul's satisfactory to Metra throughout the Use Term covering the Premises either through the
purchase of conventional insurance policies or by way of participation in an intergovernmental
agreement providing for insurance or self - insurance to the Municipality. Such policies of
insurance or self - insurance shall include comprehensive general public liability, automobile,
property damage and worker's compensation coverage. To the extent permitted by law, said
insurance shall show the Commuter Rail Division of the Regional Transportation Authority (d/b /a
Metra /Metropolitan Rail), the Regional Transportation Authority ( "RTA ") and the Northeast
Illinois Regional Commuter Railroad Corporation ( "NIRCRC ") as additional insureds and shall
be endorsed to assume the contractual obligations of Municipality as set forth in this Agreement.
A duplicate copy of such insurance policy or a certificate of insurance and signed copy of a report
showing established insurable value shall be furnished to Metra and must show on the insurance
policy or the certificate of insurance that Metra will be properly notified in writing at least thirty
(30) days prior to any modification or cancellation of such policy.
(c) Municipality and its agents shall not permit the existence of any nuisance
on the Premises; shall not create dangerous or hazardous conditions on the Premises, nor allow
dangerous, explosive, flammable, or combustible materials on the Premises which would increase
PrkgOper.Agt: September 2. 1999
or tend to increase the risk of fire; and further, the Municipality or its agent shall keep, observe
and comply with all federal, state and local rules, regulations, ordinances, and laws having
jurisdiction over the Premises. If, as a result of the Municipality's occupancy of the Premises
hereunder, any such rule, regulation, ordinance or law is violated, the Municipality shall protect,
hold harmless, defend and indemnify Metra, RTA and NIRCRC from and against any and all
losses, penalties, fines, costs, damages or expenses, including court costs and attorneys' fees,
caused by, resulting from, or connected with such violation or violations.
(d) Municipality and its agents agree to use their reasonable best efforts to
prevent the occurrence of contamination, hazardous materials or any related environmental
damage or condition on the Premises during the Use Term. Should any contamination or other
environmental condition occur or result from Municipality's use or occupancy of the Premises,
Municipality will be responsible for all costs associated with its mitigation, cleanup and any
related liability. Municipality specifically agrees to indemnify, defend and hold harmless Metra,
RTA and NIRCRC from all such loss, damages, costs or liabilities, including court costs and
attorneys' fees, arising from Municipality's use or occupancy of the Premises.
(e) Municipality's failure to obtain or to cause its contractors to obtain proper
insurance coverage or to insure Metra, the RTA or the NIRCRC as additional insureds shall not.
at any time, operate as a waiver to Metra's right to indemnification and defense against any
claims, damages or injuries covered under the terms and provisions of this Agreement.
7. LOCATION OF UTILITIES. Municipality accepts the Premises subject to rights
of any party, including Metra, in and to any existing utility or other wires, cables, poles, pipes
or facilities of any kind whatsoever, whether or not of record. Metra reserves the right to grant
future utility easements over, under or through the Premises provided such easements do not
unreasonably interfere with Municipality's management, operation or maintenance of the Parking
Facility .
8. METRA'S TITLE. Metra makes no covenant for quiet enjoyment of the
Premises. Municipality assumes any damages Municipality may sustain as a result of, or in
connection with, any want or failure at any time of Metra's title to the Premises.
9. LICENSE TO OPERATE. Municipality shall pay for the cost of any licenses.
permits or fees required by federal, state or local rule, regulation. ordinance or law necessary to
manage, operate and maintain the Parking Facility.
10. INDEMNIFICATION AND WAIVER. To the fullest permitted by law, the
Municipality hereby assumes and agrees to release, acquit, waive any rights against and forever
discharge Metra, RTA, the NIRCRC, their respective directors, administrators, officers,
employees, agents, successors, assigns, and all other persons, firms and corporations acting on
behalf of or with the authority of Metra, RTA or NIRCRC, from and against any and all claims.
demands or liabilities imposed upon them by law or otherwise of every kind, nature and character
PrkgOper.Agt: September 2. t999
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on account of personal injuries, including death at any time resulting therefrom, and on account
of damage to or destruction of property, arising from any accident or incident which may occur
to or be incurred by the Municipality, its employees, officers, agents and all other persons acting
on its behalf while on Metra's property except to the extent caused by the negligence of Metra,
the RTA, the NIRCRC or their respective directors, officers, agents or employees.
Notwithstanding anything in this Agreement to the contrary, the waivers contained in this
paragraph shall survive termination of this Agreement.
(b) To the fullest extent permitted by law, the Municipality agrees to indemnify, defend
and hold harmless Metra, the RTA, the NIRCRC, their respective directors, officers, agents and
employees, from and against any and all liabilities, losses, damages, costs, payments and expenses
of every kind and nature (including court costs and attorney's fees) claims, demands, actions,
suits, proceedings, judgements or settlements, arising out of or in any way relating to or occurring
in connection with Municipality's use of or the condition of Metra's property except to the extent
caused by the negligence of Metra, the RTA, the NIRCRC or their respective directors, officers,
agents or employees. Metra agrees to notify the Municipality in writing within a reasonable time
of any claim of which it becomes aware which may fail within this indemnity provision. The
Municipality further agrees to defend Metra, the RTA, the NIRCRC, their directors, officers,
agents and employees against any claims, suits, actions or proceedings filed against any of them
with respect to the subject matter of this indemnity provision, whether such claims, suits, actions
or proceedings are rightfully or wrongfully made or filed; provided, however, that Metra, the
RTA, the NIRCRC may elect to participate in the defense thereof at their expense or may at their
own expense employ attorneys of their own selection to appear and defend the same on behalf of
Metra, the RTA, the NIRCRC, their directors, officers. agents or employees. The Municipality
shall not enter into any compromise, or settlement of any such claims, suits, actions or
proceedings without the consent of Metra, which consent shall not be unreasonably withheld.
Notwithstanding anything in this Agreement to the contrary, the indemnities contained in this
paragraph shall survive termination of this Agreement.
(c) The indemnification and hold harmless provisions set forth in this Agreement shall
survive termination of this Agreement and shall not be construed as an indemnification or hold
harmless against and from the negligence of Metra, RTA or NIRCRC with respect to any party
performing work on the Premises to the extent such violates the Illinois Construction Contract
Indemnification for Negligence Act, 740 ILCS 35/0.01 et seq.
11. CONSTRUCTION OF IMPROVEMENTS.
(a) In all contracts executed by Municipality for maintenance of the Premises
(including snow removal) or for the construction, rehabilitation, improvement, repair or
maintenance of structures, facilities or improvements located on the Premises, or to be located on
such Premises, Municipality will require appropriate clauses to be inserted requiring contractors
to indemnify, hold harmless and defend Metra, RTA and NIRCRC, their directors, employees,
agents, licensees, successors and assigns from and against any and all risks, liabilities, claims,
PrkgOper.Agt: September 2. 1999
5
demands, losses, and judgments, including court costs and attorneys' fees, arising from, growing
out of, or related in any way to work performed by such contractor(s), or their officers,
employees, agents or subcontractors, and their agents or employees.
(b) Municipality will further cause appropriate clauses to be inserted in all such
contracts requiring contractors to procure and maintain comprehensive policies of insurance,
insuring contractor, Metra, RTA and NIRCRC, their directors, employees, agents, successors and
assigns from and against any and all risks, liabilities, claims, demands, losses and judgments,
including court costs and attorneys' fees, arising from, growing out of or in any way related to
the work performed or to be performed by such contractor(s), whether or not any such liability,
claim, demand, loss or judgment is due to or arises from the acts, omissions or negligence of such
contractor(s), or their officers, employees, agents or subcontractors and their agents or employees.
12. - LIENS. Municipality agrees not to suffer or permit any lien of mechanics or
materialmen to be placed against the Premises or any part thereof and, in case of any such lien
attaching to the Premises, immediately to pay off and remove the same. It is further agreed by
the Parties hereto that Municipality has no authority or power to cause or permit any lien or
encumbrance of any kind whatsoever, whether created by act of Municipality, operation of law,
or otherwise, to attach to or to be placed upon Metra's title or interest in the Premises, and any
and all liens and encumbrances created or suffered by Municipality or its tenants shall attach to
Municipality's interest only.
13. TAXES. Municipality shall be responsible for payment of all real estate taxes and
special assessments, if any, assessed against the Premises, including but not Limited to real estate
taxes assessed as a result of Municipality's assignment or license of all or any portion of the
Premises to a third party. Municipality shall protect, indemnify, defend and forever save and
keep harmless Metra, RTA, NIRCRC and their directors, employees and agents licensees,
successors and assigns against and from, and to assume all liability and expense, including court
costs and attorneys' fees, for failure to pay real estate taxes or special assessments assessed against
the Premises on or before the date payments of such taxes are due.
14. CAUSE FOR BREACH. If Municipality defaults in any of Municipality's
undertakings or obligations of this Agreement and Municipality receives written notice of such
default from Metra, then such event or action shall be deemed to constitute a breach of this
Agreement and if such default remains uncured for thirty (30) days after notice in writing, this
Agreement and Municipality's use of the Premises shall automatically cease and terminate.
15. SURRENDER OF PREMISES. Upon the termination of this Agreement or
Municipality's use of the Premises by any manner, means, or contingency whatsoever.
Municipality shall, if required by Metra, remove all of Municipality's improvements and /or
property from the Premises, fill all excavations that have been made by Municipality and deliver
possession of the Premises to Metra in as good a condition or a better condition than that which
existed immediately prior to the commencement of the Use Term, ordinary wear and tear
PrkgOper.Agt: September 2. 1999
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excepted. Should the Municipality fail to perform such removal or restoration, then Metra, at its
election, may either remove the Municipality's improvements and property and restore the
Premises to its former state at the sole expense of Municipality or may retain the Municipality's
improvements and property as Metra's sole property. Should Municipality retain possession or
use of the Premises or any part thereof after the termination of Municipality's use by Metra or as
otherwise provided for in this Agreement, any such holding over shall not constitute an extension
of Municipality's use and Municipality shall pay Metra all damages, incidental or consequential
as well as direct, sustained by Metra, RTA and NIRCRC and their respective directors,
employees, agents and licensees by reason of such retention of possession or use. The provisions
of this paragraph do not exclude the Metra's rights of reentry or any other rights to recover use
and possession of the Premises afforded Metra by law.
16. RE- ENTRY. If Municipality shall breach or default in any of the terms of this
Agreement and if such breach or default is not cured as provided in section 14 above, or if
Municipality's use of the Premises shall expire or terminate in any manner, it shall be lawful for
Metra then or at any time thereafter to re -enter the Premises and take possession thereof, with or
without process of law, and to use any reasonable or necessary force for regaining possession;
provided, however, that Municipality shall have the right to remove certain of Municipality's
property as hereinabove provided. No termination of Municipality's use shall release the
Municipality from any liability or obligation that accrued prior to said termination.
17. WAIVER OF REMEDIES. No waiver of any default of Municipality shall be
implied from omission by Metra to take any action on account of such default. No express waiver
shall affect any default other than the default specified in the express waiver and that only for the
time and to the extent therein stated. No receipt of money by Metra from Municipality (1) after
any default by Municipality, (2) after the termination of Municipality's use, (3) after the service
of any notice or demand, (4) after the commencement of any suit, or (5) after final judgment for
possession of the Premises, shall waive such default or reinstate, continue or extend the Use Term
or affect in any way such notice or suit, as the case may be.
18. PARKING REVENUES.
(a) All parking fees or other revenue derived from Municipality's use of the
Premises ("Revenues ") shall first be utilized for Routine Maintenance, Standard Maintenance and
administrative expenses incurred from the operation of the Parking Facility. The remainder shall
be deposited in a capital improvement account to be used for future renovation or rehabilitation
of the Parking Facility.
(b) Municipality shall establish and maintain adequate accounting records of all
Revenues based on generally accepted accounting principles consistent with the manner
Municipality maintains records of its other accounts in order to insure compliance with this
Agreement. Municipality shall permit and shall require its contractors to permit Metra, RTA,
NIRCRC or any other agency authorized to perform such audit and inspection, to inspect all
PrkgOper.Agt: September'_. 1999
7
work, material and other data and records with regard to the Revenue collected and to audit the
books and accounts of Municipality and its contractors with respect to said Revenues.
Municipality shall submit to Metra an annual audit of its records relating to the Revenue collected
and shall make its records available to Metra at mutually convenient times. Furthermore,
Municipality shall immediately notify Metra if the Parking Facility is to be used in a manner
substantially different from that intended by this Agreement. At the option of Metra, Metra and
Municipality shall conduct a yearly joint inspection of the Premises to assure compliance with the
terms of this Agreement.
19. IMPROVENfNTS. Municipality shall not make any improvements to the
Premises without having first obtained the prior written consent of Metra. Municipality shall
submit to Metra all plans and specifications for improvements on or to any portion of the Premises
(improvements shall not include such items of Routine Maintenance and Standard Maintenance
as described in section 4 of this Agreement). Metra reserves the right to have its employees,
agents or independent contractors perform such work set forth in the plans and specifications it
approves and Municipality agrees to pay the cost of all such improvements performed by or on
behalf of Metra, whether by Metra's employees, agents or independent contractors.
20. CUMULATIVE RIGHTS. All rights and remedies of Metra shall be cumulative,
and none shall exclude any other rights and remedies allowed by law.
21. NOTICES. All notices, demands, elections, and other instruments required or
permitted to be given or made by either Party upon the other under the terms of this Agreement
or any statute shall be in writing. Such communications shall be deemed to have been sufficiently
served if sent by certified or registered mail, with proper postage prepaid, hand delivered or sent
by facsimile transmission with proof of successful transmission sent by regular mail by Metra or
Municipality at the respective addresses shown below or to such other party or address as either
Party may from time to time furnish to the other in writing. Such notices, demands, elections and
other instruments shall be considered as delivered to recipient on the day of delivery if sent by
commercial courier, on the second business day after deposit in the U.S. Mail if sent by certified
or registered mail or on the first business day after successful transmission if sent by facsimile
transmission.
Notices to Metra shall be sent to:
Commuter Rail Division
547 W. Jackson Boulevard
Chicago, Illinois 60661
Attn: Director, Real Estate & Contract Management
Phone: (312) 322 -8010
Fax: (312) 322 -7098
PrkgOper.Agt: September'_. 1999
8
Notices to Municipality shall be sent to:
Village of Lemont
Attn: Village Administrator
418 Main Street
Lemont, Illinois 60439 -3788
Phone:
Fax:
Such notices. demands, elections and other instructions shall be considered delivered to recipient
on the second business day after deposit in the U.S. Mail, on the day of delivery if hand delivered
or on the first business day after successful transmission if sent by facsimile transmission.
22. ENTIRE AGREEMENT. All of the representations and obligations of Metra are
contained herein. Metra and Municipality agree that no change or modification to this Agreement,
or any exhibits or attachments hereto, shall be of any force or effect unless such amendment is
dated, reduced to writing, executed by both Parties and attached to and made a part of this
Agreement. No work shall be commenced and no costs or obligations incurred as a consequence
of any amendment to this Agreement or any attachments hereto unless and until such amendment
has been executed and made a part of this Agreement.
23. RAIL SERVICE. Metra makes no warranties or representations, expressed or
implied, as to continued rail service to the Premises.
24. SALE OR ASSIGNMENT. Any assignment or transfer of this Agreement or the
Premises by Municipality without the written consent of Metra its successors and assigns shall be
void. No act of Metra, including acceptance of money by Metra from any other party, shall
constitute a waiver of this provision.
25. SEVERABILITY. Metra and Municipality agree that if any provision of this
Agreement is held to be invalid for any reason whatsoever, the remaining provisions shall not be
affected thereby if such remainder would then continue to conform to the terms, purposes and
requirements of applicable law.
26. USE RESTRICTIONS. Municipality agrees that none of the Premises will be
used, nor will Municipality permit them to be used, for parking within twenty (20) feet of the
centerline of any trackage. Any portion of the Premises within twenty (20) feet from the nearest
rail of any trackage shall be used only for the construction, maintenance, repair and renewal of
platforms and other railroad improvements located within the railroad right of way (subject to
legal clearance requirements and Metra's clearance requirements) and for no other purpose
whatsoever. Any construction, rehabilitation or repair work performed on behalf of Municipality
occurring within twenty (20) feet of the outer rail of any track will require flagging protection
provided by Metra at Municipality's sole cost and expense. Municipality and /or its contractors
PrkgOper.Agt: September 2, 1999
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shall also purchase and keep in full force and effect railroad protection liability insurance during
the performance of any such work.
27. MISCELLANEOUS PROVISIONS.
(a) This Agreement shall be binding upon and shall inure to the benefit of the
Parties, and their respective successors or assigns.
(b) The captions of the Sections of this Agreement are for convenience and are
not to be interpreted as part of this Agreement.
(c) Whenever the context requires or permits the singular shall include the
plural, the plural shall include the singular and the masculine, feminine and neuter shall be freely
interchangeable.
(d) In the event the time for performance hereunder falls on a Saturday, Sunday
or holiday, the actual time for performance shall be the next business day.
(e) This Agreement shall be construed and enforced in accordance with the laws
of the State of Illinois.
Lr W11:tiESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year first above written.
THE COMMUTER RAIL DIVISION OF
REGIONAL TRANSPORTATION
AUTHORITY:
By:
Philip A. Pagano
Executive Director Its: \knt-
LAGE OF LEMONT:
ATTEST: ATTEST:
Bv: By:
Assistant Secretary
PrkgOper.Ag[: September 2. 1999
krPsicipvir
Its: 1/(1°6--�
APPROVED AS TO FORM
10
John P. Antonopoulos, a Attorney
LOT• SURF
1 PAVED
rmy.n
Illinois Eri' ironr ental Protection _ ,enc% P. 0 Bo. 192-A. Sr nn_!i:Lt. I(_ h. i_ "�•
217/782 -6762
Refer to: 0311620027 -- Cook County
Lemont Public Works
Permit No. 1991- 002 -DE
Log No. 1990 -527
Permit File
April 10, 1991
Metra Metropolitan Rail
Mr. Y. Clayton Weaver
547 West Jackson Blvd.
Chicago, Illinois 60606
■AIL: r (3
r. - -
(/—
Gentlemen:
A-watts approving closure /post - closure care plans and a groundwater
monitoring program for..the landfill, located in Lemont, prepared and submitted
by Engineers International, Inc. }whereby- approved. Final plans,
specifications, application and supporting documents as submitted and approved
shall constitute part of this permit and are identified on. the records of the
Illinois Environmental Protection Agency, Division of Land Pollution.Control
by the permit number(s) and log number(s) designated in the heading above.
The sole purpose of this permit is to. allow the closure and post - closure care
(including groundwater monitoring) of the Lemont Public Works for which the
development and operating permits, required by.35 I1.1.. Adm..Code 807.201,
807.202 and 807.316 and Section 21 of the Illinois Environmental Protection.
Act, have not been obtained. This permit in no way sanctions the acceptance,
storage, treatment or disposal of waste.at this site:in the past, present or
future.
The - permit il.issued. .$ub _eci; t -the standard conditions attached hereto and
incorporated herein by reference, and further subject to the._fo.11owing speciau
conditions :1
A. Closure and Post - Closure Care Plans
1. The closure/post - closure care plans proposed in Application 1990 -527
are hereby approved in accordance with 35 Ill. Adm. Code, Subtitle G,
Part 807..
2. The operator shall initiate implementation of the closure plan upon
receipt of this permit because the site has received its final volume
of waste.
3. . a. Final cover is to be placed in lifts not to exceed 8 inches
(loose). The final cover, exclusive of any topsoil vegetative
layer, should be placed at a moisture content 3 -54 above optimum
(ASTM 0698) moisture content and under no circumstances below
optimum moisture content.
llliiil�is Ei ironmcntal Prott : ..tion .A_;no • P \ IL
Page 2
The final cover shall be compacted with a sheepsfoot roller,
with "feet" at least as long as the lift is thick. Each soil
layer shall be disked sufficiently to break down oversized
clodg`Sa a uniform moisture content, and ensure uniform
densiy;- �otirs� e debris, organic and other deleterious
material shdl 1. 5e 1 t r om the clay soil prior to
compaction. The fi n'a1 . tt of final cover shall attain a
minimum of 90% of ASTM '04698 (Standard Proctor) density and a
maximum hydraulic conductivity of 1 x 10-7 cm/sec. Compaction
testing shall be conducted and reported for at least four
locations -.a,. this site. One hydraulic conductivity test shall
be conducted, and-shall be performed in accordance with the
procedures described i rr Attachment C of this letter. Compaction
test results, moisture - density curves (ASTM 0698) and related
soil data must be submitted to the Agency with the plan sheets
and closure affidavits requir =_d by 35 Ill. Adm. Code, Section
807.508.
b. Vegetative Layer
The vegetative-layer shall be constructed of uncompacted topsoil
and shall have a minimum thickness of 6 inches. At least two
probes shall be used to verify that the thickness specification
has been met. The vegetative layer shall be seeded as proposed
in Section 2.2 of this application. No tress or shrubs shall be
planted in the waste disposal area. For areas to be completed
as an asphalt parking lot, the parking lot materials shall to
placed on top of the final cover, in lieu of the vegetative
layer.
4. If necessary, the soil over the entire planting area shall be amended
with lime, fertilizer and /or organic matter. On sideslopes, mulch or
some other form of stabilizing material is to be provided to hold
seed in place_and conserve moisture.
5. Abandonment of underground storage tanks at this site shall be
conducted in accordance with the Illinois Office of the State Fire
Marshal and the requirements of Ill. Adm. Code, Title 41, Part 170.
6. Any waste generated as a result of the tanks identified in the
disposal area regulated by this permit shall be managed in a:.cortance
.with all applicable local, State, and federal regulations.
7. Uncontamined soil with suitable engineering properties shall be
placed and compacted, or uncontaminated porous granular material
shall be used as fill material for areas excavated as part of the
underground storage tank removal project at this site. If soil is
used, documentation and testing of soil placement shall be performed
equivalent to final cover specifications. If granular material is
used, documentation of quantity, type and grain size shall be
recorded. This information shall be provided to the Agency with the
Closure Certification.
Illinois Environmental Protection .A__encv • P. 0. Rug 192-6. Sprcn_eicId. IL t+_ -r
Page. 31
8. Prior to placement and compaction of final cover, the operator shall
provide the Agency with a demonstration that the off -site cover
source exhibits properties suitable for final cover soil at this site.
9. Upon completion of closure activities, the operator will notify the
Agency that the site has been closed in accordance with the approved
closure plan utilizing the Agency's "Affidavit for Certification of
Completion of Closure of Non- Hazardous Waste Facilities."
10. buring the-- fifteen -year post - closure care period, corrective action
shall be taken if problems, including but not limited to the
fo.l.l owing, occur:
ponding
cracks in final cover greater than one inch wide
gas problems
odor problems
dead or stressed vegetation
vegetation with taproots growing in areas not so designed
vector problems
leachate popouts or seeps
11. Inspections of the closed landfill shall. be conducted quarterly.
Records of field investigations, inspectians, sampling and corrective
action taken are to be maintained at the- site and made available. to
IEPA personnel. During the post-closure-care period, these records
are to be maintained at the office of_the site operator.-'
Groundwater Monitoring Program, _.� •:
1. The groundwater monitoring proposed in Application No. 1990 -527 is
hereby approved as amended by the - conditions of Attachments A and .3
of this letter.,
2. The owner and operator shall monitor gas, water and settling at the
completed site for a period of fifteen (15) years after the site is
closed and shall take whatever remedial action is necessary to abate
any gas, water or settling problems which appear during that time.
Post - closure.- graundwater monitoring shall_ba.canducted and reported
for the = Agency- on- a quarterly basis for. fifteen (15) years for the
monitoring" well s. and parameters identified, in Attachment Ai
3 ;luring- the post - closure care period, water quality records shall be
maintained at the office of the site operator and shall be reviewed
quarterly. A water quality report shall be submitted quarterly. If
the owner /operator on the Agency's Division of Land Pollution Control
determines that adverse trends are developing, further .investigation
is to be performed! If corrective action becomes necessary, a plan
is- to be developed by the operator- and submitted - to: the-Permit
Section, Division of Land Pollution Control for approval:.
After the wells have been sampled twice,.. for- List. 3i Organic
Parameters (July. 15 report date)N theroperator may submit art
application to the Permit Section to modify List 3 for this site
•
Illinois En%irunm.ntul Protection .A;_enc P. 0 B.,\ Iy_ -n, Sr;,n_tl",1. IL h_' �_.•,_-..
Page
C. General Conditionsr
1 Permittee shall notify the Agency of any changes from the info nnation
submitted to the Agency in its application for a Development and
Operating permit for this site. Permittee shall notify the Agency of
any changes in the names or addresses of both beneficial and legal
titleholders to the herein - permitted site. Such notification shall
be made in writing with. .. fi fteea. (15) days of such change and shall
include the name or names of any parties in interest and the address
of their place of abode; or, if a corporation, the name and address
of its registered agent.
2. Any modification to the facility shall be the subject of an
application for supplemental permit for site. modification submitted
to this Agency.
..- This•permit-•is subject. ta..review and modification -by the Agency -as
deemed necessary to fulfill-the-intent and purpose of the
- Environmental- Protection ActAsand.all applicable environmental rules
and regulations.
4. This-Agency reserves- the right to require installation o €. addi ti onal -
monitoring devices& to alter- the= selection of parameters to be- . ••
analyzed and to alrtessmonttoriPg : frequenci es as - iaay =be necessary) to
fulfill the intent. of the_Environmental Protection Act.
The original and two (2) copies of all certifications, logs or reports and
three (3) copies of groundwater monitoring chemical .analysi• forms which are
required to be submitted to the Agency by the permittee should be mailed to
the following address :.
Illinois Environmental Protection Agency
Planning and Reporting Section
Di vision. of Land.Pol1ution Control #24
2200 Churchill Road
Post Office Box 19276
Springfield, Illinois 62794 -9276
Very tigir yours,
kr ence W. Eastep, P.E., Manager
it Section
sion of Land Pollution Control
LWE:SAS:dks /619q, 10 -13
cc: Northern Region
Mike Walwer
John Taylor
Engineers International, Inc.
Division File
Sallie Springer
lilinui� Environmental Protection .A__encv • P. U Bo' I'_-'. Springfield. IL h2-91•42-r•
Refer to: Site No. 0311620027 -- Cook County
Lemont Public Works
Permit No. 1991 - 002 -DE -OP
Log No. 1990 -527
Attachment A '
April 10, 1991
Groundwater Monitoring Program.
To identify any potential releases from the facility and demonstrate
compliance with the Applicable Groundwater Quality Standards, the groundwater
monitoring program is approved as follows:
1. The monitoring program must be capable of determining background
groundwater quality upgradient of the units and to detect any discharge of
contaminants from any part of a potential source of discharge from the
units. This Agency reserves the right to require installation of
additional monitoring wells as may be necessary to satisfy the data
requirements of item No. 4.
2. The groundwater monitoring program shall include consistent sampling and
analysis procedures to assure that monitoring results will provide a
- reliable indication of groundwater quality in the zone being monitored.
3. The operator shall sample all monitoring points for all potential sources
of contamination on a quarterly basis throughout the time the source
constitutes a threat of groundwater contamination, which includes a
minimum of fifteen years after closure.
4-� The owner or operator shall use the method in Attachment B oq propose, for
Agency approval, a method to statistically evaluate groundwater monitoring
data.1 The selected method shall provide for statistical comparisons
between upgradient and downgradient groundwater quality data, and must
provide a reasonable balance between the probability of obtaining Type I
(false positive) and Type II (false negative) errors. The Type I error
rate. must be no less. than 5 percent. The proposal must consider the
gathering of a background data set (from upgradient wells), sufficient to
provide an accurate representation of the variability in the quality of
groundwater that is unaffected by operations at the facility, and to
assure that the selected test have a reasonable chance of detecting
releases should they occur.
5,. F or_-.' eact><•,: quarterly sampling event the operator must:
a..1 Compare samples from each downgradient well to the pooled background
data from the upgradient wells in order to determine whether a
significant change has occurred This comparison requires at least
ten background values for each parameter and must separately evaluate
each parameter for each downgradient well.
b ^t Compare samples from each well to itself, in order to determine if a
significant changq (or decrease in pH) has occurred. This comparison
must evaluate each parameter for each well separately.
Illinois En'ironmental Protection .- L :ent: • P !) Box 192 -6. Srrltl!i itl.
Page 2
c.l If the value for any routine parameter exceeds the upper 95%
confidence -limit -far that parameter, the operator shall conclude that
a- significant_chaage has occurred. at the well. If the results from
resampling (within 60 days) exceeds the upper 95% confidence limit
for any parameter, this shall be considered confirmation that a
statistically significant change has occured.
d. The operator shall notify the IEPA Division of Land Pollution Control
in writing of any.nbserved or confirmed increase and state the
suspected source -of the increase and the potential threat to human
health, and provide the rationale used in such a determination within
10 days of the confirmed increase.
Inthe_event of the.confirmed significant change; the operator..shal)
submit an assessment, monitoring plan within 30 daysiof notification
in Item 4.d above in the form of a supplemental permit application to
determine what additional information is needed to carry out a
groundwater assessment programs This assessment program shall at a=
minimum include expanded sampling requirementslfor the effected
well(s) and be implemented within 60 daysiof approval from the Agency
and the report of- results submitted within 120 daysifrom the approval
date.
f. If .the assessment monitoring. program shows that the permitted€
facility has impacted groundwater.; then the operator shall propose a-
Correcti.Ye_Action Plan toibe submitted in the form of a supplemental
permit application within.30 daystf rom the report of results and
approval by the Agency.
g.,- The Corrective Action Program sha1-1- be- -ill emented wi thi n 60 days o f
approval of the Corrective Action Plan.
6. All monitoring wells shall be constructed in a manner that maintains the
integrity of the bore hole and prevents contamination of the samples and
groundwater. .The casing material shall be_ inert. so as. not to affect the
water sample.
7. A padlocked protective cover must be installed over the portion of the
well casing extending above the ground surface to protect against damage.
8. Welts shall be easily visible and identified with the Agency monitoring
point designation.
9. All monitoring points shall be maintained such that a sample may be
obtained.
' TOT'Shatxtd: any -- well. become consistently dry-or unserviceable and therefore t
,require replacement, a replacement well shall be provided within ten (10)
feet of the existing well. This well shall monitor the same zone as the
existing well and constructed in accordance with the current IEPX
groundwater monitor well construction standardm at the time that the wells
IIlinois Emironmer•iI Protection .A,enc. P 0. B,,.1y. -n. Srrin_•t.e!d. IL r•_-,...y_-r
Page 3
are replaced. As -built diagrams and boring logs are to be submitted to
the Agency within 30 days following installation of the well. Replacement
wells which are more than ten (10) feet from the existing well or which do
not monitor the same geologic zone must be approved via a Supplemental
Permit and designated as a new well.
11. Within sixty days of installation of any monitoring well, boring logs
compiled by a qualified geologist and as -built diagrams shall be submitted
to the Agency, utilizing the enclosed "'Well Completion Report" form.
Complete one sheet for each well installed pursuant to this permit.
As -built diagrams, for each monitoring point installed, shall include
horizontal location to the nearest 0.1" foot (grid coordinates) , the type
and inner diameter of casing material used, type and length of screen
packing material used, type and length of seals used, type of backfill
used, finishing details, groundwater levels, elevation of stick -up (top of
casing), ground surface elevation, bottom elevation, interval screened,
screen slot size and depth. All elevations or levels are to be measured
and reported to the nearest 0.01 foot MSL.
12. All borings/wells• not used as monitoring points shall be backfilled in
accordance with the IEPA monitor well plugging procedures, Attachment
B -Page 4.
13. The Agency shall be notified in writing at least 15 days prior to the
installation of all new and replacement monitoring.. wells.
14. Surveyed elevation of stick -up is to be reported when the well is
installed (with as -built diagrams) and every two years, or whenever the
elevation changes.
15. The following monitoring points are to be used in the groundwater
monitoring program for the facility:
Applicant Designation Agency Designation
MW -1 G101
MW -2 G102
MW -3 G1 0.3
MW -4 +G104
+ represents upgradient monitoring point(s)
4 represents monitor point(s) added to the monitoring program
* represents monitor point(s) deleted from the monitoring program
liw The concentration-or values for the following-parameters-in the water
samples. shall be determined and reported according to the schedule in item
no. 18.. 1
t.
Illinois En‘ironmcntal Protc,:zion .Agenc% P C). E� „� I�:_-�,. grin; .:E.I. R
Page 4
LIST -1
FIELD PARAMETERS;
*Bottom of Well Elevation (ft. ref MSL) 72020
Depth to Water (ft. below land surface) 72019
Depth to Water (ft. from measuring point) 72109
Elevation of Groundwater Surface (ft. ref MSL) 71993
pH (units, unfiltered) 00400
Specific Conductance (umhos /cm, unfiltered) 00094
Temperature of Water Sample (deg F) 00011
Total Dissolved Solids (IDS, mg /1) 70300
STORET NUMBER
(* = Reported Annually)
LIST 2;
ROUTINE INDICATOR PARAMETERS.
STORET NUMBER CAS NUMBER
FILTERED
Ammonia as (N) 00608 7664 -41 -7
Arsenic 01000 7440 -38 -2
Cadmium 01025 7440 -43 -9
Chloride 00941 6887 -00 -6
Iron 01046 ._7439 -89 -5
Lead 01049 7439 -92 -1
Manganese 01056 7439 -96 -5
Mercury 71890 7439 -97 -6
Sulfate
00946 4808 -79 -8
UNFILTERED
Cyanide (Total) 00720 57 -12 -5
Phenols (Total Recoverable) 32730 179 -80 -5
Total Organic Carbon (TOC) 00680
Total Organic Halogens (TOX) 78115
3enzene • 34030 71 -43 -2_
Ethylbenzene 78113 100 -41 -4
Toluene 34010 108 -88 -3
Xylene 81551 1330 -20 -7
YetA1Ri .0REAMIC PARAMETERS.; (UNFILTEREDP
Acetone 81552 67 -64 -1 10
Acrolein
34210 107 -02 -8 5
Acryl oni tri l e 34215 107 -13 -1 5
Benzene 34030 71 -43 -2 - 5
Bromodichloromethane 32101 75 -27 -4 5
Bromoform (Tribromomethane) 32104 75 -25 -2 5
Bromomethane (Methyl bromide) 34413 74 -83 -9 10
2- Butanone (Methyl Ethyl Ketone) 81595 78 -93 -3 10
STORET CAS
NUMBER NUMBER PQL+
Illinois Environme tl Protection .agency
• P. 0. B 'u' Srrin__tidJ. IL h: "`+4 -v0'6
Page 5
LIST 3 (Continued)'
VOLATILE ORGANIC PARAMETERS
Carbon Disulfide
Carbon Tetrachloride
Chlorobenzene
Chlorodibromomethane
Chloroethane
2- Chloroethyl Yinyl Ether
Chloroform
Chloromethane
Dibromomethane
Dichlorodifiuoromethane
1,1- Dichloroethane
1,1- Dichloroethene
1, 2- Dichloroethane
trans- 1,2- Dichloroethene
Cis- 1,3- Dichloropropene
trans- 1,3- Dichloropropene
Ethylbenzene
Ethyl Methacrylate
2- Hexanone
Iodomethane
Methylene Chloride
4- Methyl -2- Pentanone
Styrene
1,1,2,2- Tetrachloroethane
Toluene
1,1 ,1 -Tri chl oroethane
1,1,2- Trichloroethane
Trichlororoethene
Trichlorofluoromethane
1,2,3 - Trichloropropane
Vinyl Acetate
Vinyl Chloride
Xylene (Total)
(UNFILTERED).
STORET CAS
NUMBER NUMBER PQL+
77041 75 -15 -0 5
32102 56 -23 -5 5
34301 108 -90 -7 5
124 -48 -1 5
75 -00 -3 D
110 -75 -8 10
67 -66 -3 5
74 -87 -3 10
74 -95 -3 5
75 -71 -8 5
75 -34 -3 5
75 -35 -4 5
107 -06 -2 5
156 -60 -5 5
(Dibromochloromethane) 34306
(Ethyl chloride) 34311
34576
32106
(Methyl chloride) 34418
(Methylene bromide) 77596
34668
34496
(1,1- Dichlorooethylene) 34501
(Ethylene dichloride) 34531
(trans -1,2- Dichloroe- 34546
ethylene)
34704
34699
78113
73570
77103
(Methyl iodide) 77424
(Dichloromethane) 34423
(Methyl isobutyl ketone) 78133
77128
34516
34010
(Methyl chloroform) 34506
34511
(Trichloroethylene) 39180
34488
77443
77057
39175-
815 51
10061 -01 -5 5
10061 -02 -6 5
100 -41 -4 5
97 -63 -2 5
591 -78 -6 10
74 -88 -4 5
75 -09 -2 5
108 -10 -1 10
100 -42 -5 10
79 -34 -5 5
108 -88 -3 5
71 -55 -6 5
79 -00 -5 5
79 -01 -6 5
75 -69-4 5
96 -18 -4 5
108 -05 -4 10
75 -01 -A 10
1330 -20 -7 5
Note: Organic Parameters from samples that are not filtered.
+Practical Quantitation Limits (PQLs)
derived from 35 IAC Subtitle G Part 724 Appendix.I
17. The first quarterly samples shall be collected during the months of
July- August, 1991 and the results submitted to the Agency by October 15,
1991.
Illinois Ens ironmentat Protection A�_eno
• P. 0 13.,‘ i�)_ -h. Si rrir_t7:id. IL
t•_ ,,..,•-s.
-
Page 6
18. The schedule for sample collection and submission of quarterly monitoring
results is as follows:
Sampling Quarter
Jan -Feb (1st)
April -May (2nd)
July -Aug (3rd)
Oct -Nov (4th)
Sampling Due Report Due Date
List 1 and 2
List 1, 2 and 3
List 1 and 2
List 1 and 2
1 - Field Parameters List
2 - Routine Indicator List
3 - Volatile Organic Parameters List
SAS:dks /619q, 14 -19
April 15
July 15
October 15
January 15
'vine' cf.t-e` - ol'Qw * :,g s :azi sztcal „rcce•u: ei .must :e- lsed as refere.'•:e: `hp
Special Condition-!
4. This .me:r+oC :could to used :o ca;c.::a :e .,e :5. confidence l:m: - -a
heat samol rg event, whet i :a a gro.unowater samples are :aKe'! -.:71
eacn monitoring (test) well.
i)
Carermir,e the arith,me :'C mean (X) for :he re01iC3te indica :or vah.e.
for each Cacti ;ro'und sampling event. The averages .must to c31:J'a:e:
-Cr each :arame :e' a: eacn .:ty ^racient well inde_endentiy.
x r = X. - x, . . - X
X 2 each ''t'ica :m va1to
n = the number :f l i cites
Xr = aver-- =c
2) Calculate the background mean (X,) for eacn indicator parameter,
using the averaged replicate values (X.) from eacn background
sampling event determined in paragraph 1 above as follows:
X,
X., ... X_.,
V
X, - each averaged replicate
value
N = the number of average replicate
values (which is equal to the
number of back ground sampling
events)
X, background mean
3) Calculate the variance (S;) and standard error (S,) of the
averaged background values (X,) determined in paragraph 1 using:
S; _ (X. - X,)Z , (X., - 7,)2 ... * (X.. - X,)z
N -1
S, _4
4) Calculate confidence limit (CL) as follows at the 0.05 level of
significance:
CL = X, + S, (47-777770 t For pH CL = X, S, 47-7-7770
X, - the background mean calculated in 1) and 2) above
S, - the standard deviation (thef' of S; as calculated in 3)
above)
mb = the number of background sampling events (e.g. for four (a)
quarters of background sampling, mb would equal four (4). If two
background wells are utilized mb would equal eight (8)).
- _ _ -e from taple • Jsi'g:
(a) d -1 as the :ei• -ees of feee cm
(p) la':es r:.m . -s : -e -:a' fed tol.mn :'Jr .+se :,e
:4c- taife.l
5) =or routine monitoning, -• a,eraye.; retlicate value must now :e
calculated for each :a : :r :ara :me:er• 7he arithmetic mean of :-.
replicate values (Xm) i . -i_. a :ed ea_n monitoring welt oz-1,
evaluated as follows:
= X. - ( -
X.. = 1st repi i :a :e value from the :es: Me•
X._ = n -n rsp ':a:e val..e from the :es: well
'ien: well value from 3 atove is > ."e corgii•tee ..3
�) .r the cokngraU -
in d. .nen the :ermi.tee must _ :nc de :7.1.7 a a b St'cai
signifi_ ant onange as oc_urred =or :r1 the value must fail witni.,
:he interval established in d.
3. This method should :e used to credic: the 45. confidence
n.x: sampling event wnen single groundwater samples are
monitoring (test) well.
limit
taken
f.or
:m :sCn
1. Determine the arithmetic mean (X,) of each indicator parameter for
the background sampling period. A minimum of 20 background samples
must be. taken. ;f more than one background (upgradient) well is
used, an equal number of samples must be taken from each well.
7, = X , + X , + . . . x,
n
Where:
X, . Average background value for a given chemical parameter
X, Background values for each upgradient sample
n the number of background samples taken
2. Calculate the background variance (S;) and standard deviation
(S,) for each parameter using the values (X„) from each
background sample of the upgradient well(s) as follows:
S; . (X, - X,)Z • (X, - X,)Z . - (X. - X,)Z
n -1
S. = S;
3. Calculate the upper 451. confidence limit for the next sampling even:
using the following formula:
CL X, . t,17777777-(so
nre.re.
-L = _pcer c:r.:erce c -e: _- :n
(;;c:er and ':.er :,t:; :-cu.: :e :_ =:ia: "or :!i
V )
Ore- :ailed . iii-e :-e ,1 "' =arce
level and at 1-1 :eg; D3 s bf sedum 7able
(a two - tailed t +a .e .'cuic :e sec for :m)
a :f the values of any r u :' -e :arame :er " :r any , cni rg
exceeds :he :CCer 95 c: :en`e " :-at :arame :er. :'e
:ermi : :ee snail ccnci;;ce : -a: - ; :a: s: :a1 , ' e "
cccurred at tnat Weil.
5. Ahem Some or t`ie backgrcu -: (u:gra: t end) va 1 ue are e 1 :-_ : -e
Me :nod 0etec: on L:71: ( OL) . a va 1 Je :f " "e -re l f , ,' 2) : -e u_- -a
t°- substituted for each :ac?Cyrcunc :aiJ2 : -a' is ":or :e: _;
than :ne MOL. All other ::mputa :ions ;r.al: :e caicJi -.ed as .an
a:ove.
C If all the background (uogradient) values are less :nen ne MOL for ,
given barameter. :le Practical Quentita:ion Limit (PQL) as given in
111. Adm. Code Part 724 4 :cendix I ;nal1 be used to evaluate data from
monitoring wells. :f :he anaii :ica1 results from any mcti:crng 4e i
exceeds two (2) times the PGL for any single :arameter. or „ ,ley exceed
the PQLs for two or more :arameters. :he :ermittee shall concise :-at a '
statistically significant change has occurred.
Table 1
Standard T- Tables 0.05 Level of Significance
Oegrees of freedom
t- values
(one -tail)
t- values
(two :ail)
10
11
12
13
14
15
l5
17
18
19
20
21
22
23
24
25
30
40
1.812
1.795
1.782
1.771
1.761
1.753
1.746
1.740
1.734
1.729
1.725
1.721
1.717
1.714
1.711
1.708
1.697
1.584
2.223
20
c.c� 1
2.179
2.150
2.145
2.131
2.120
2.110
2.101
2.093
2 :085
2.080
2.074
2.059
2.064
2.060
2.042
2.021
Adopted from Table III of "Statistical Tables for Biological Agricultural and
Medical Research" (1947. R.A. Fisher and F. Yates).
OC:jas /1269rt,10 -12
Attachment 8
Page 4
1EPA Ma1TOR WELL PLUGGING PROCEDURES
JM:tk:2 /6/31
well Construction
Plugging Procedure
—
v displaced
s
I -A.• ...if backfilled- al t>s -. -• '_2
cemwent grout amore- - -
bentonitt seal and /or
sandpack: • •
1. Cut using off at desired depth.
--. Kiz•aeat.cemeat.-sLurry (5 gal. water per 94 lb. -bag cement) -
3. Insert treai..pipe (1' i.d. pre) into well and extend to bottam.-
1. Slowly pump slurry. under 1ov pressure through tremi pipe. -.
5. Slowly-wi.thdraw tremi pipe - making sure.bottom of pipe remains.belnw.pure slurry.
.-6- . .Continue slow pumping until all formation water and the watery il urry_mix.is
from top of casing. -. -
_.
m Z.
v
v'
°
0
c
-
i-3. ...if backfilled with
soft sediments
(cuttings) above
bentonite seal and /or
sandpack•
_ -_ .
1. emote out and remove thin surface concrete plug, if present. - -
Re -auger entire length of well. • -- ...
3. Remove well casing from re- augered borehole. - •-
4. Mix neat cement slurry (5 gal. water per 94 Ib. bag cement).
5. Insert treat pipe (1' 1.d. pvc) into augers and extend to bottom.
6. Slowly poop slurry under low pressure through tremi pipe.
7. Continue slow pumping until all formation water and the watery slurry mix is
displaced from top of casing.
S. Slowly withdraw tremi pipe - making sure bottom of pipe remains below pure slurry.
9. Pull a f 1 93t of augers. (5' if in unstable materiais and ho-le.callapse is likely
or-102 if in competent material and collapse is unlikely).
.10. Top off cement slurry after each flight is removed.
I.C. ...if monitor well
construction is unknoiai:
-
_ - - - - - _ ..
1-. Follow procidursi 'in I -A.
M
L
s
t
ti monitor
c
m
__ _
1I -A. ...All bedrock
wells:
1. Cut casing off at desired depth.
2. Mix neat cement slurry (5 gal. water per 94 1b. bag cement).
3. insert tremi -pipe (1' 1.d. Disc) into well and extend to bottom.
4. _Slowly puma. slurry under low pressure through treat pipe.
5. Slo,.iy withdraw treat" Pipe making sure bottom of pipe remains be•iow pure-slurry.
6.., Cont1aut:stam.¢umpinq.untll ail formation water and the watery slurry mix is
displaced_tram top of casing.
JM:tk:2 /6/31
-echnical 30i ;cv sS
Title: Laboratory Determination of 3e'-eaolltty of
"'e 7rai,!ed Sciis
P i'Pose: Ta-teenttfy.re;uirements for and standardize the
ceterMination of the laccra :ory :ermeabtlt :y of f:-e
grained (greater :nen iGZ passing the $ZCC sieve) soils.
Varlcus methods and procedures are currently avai`izie
used to deters e-soil rermeotlity. gesuiis 'fary greatly
ceoending on the method and procedure used to Ce :er:,i e
- soil permeability. In order :: ensure consistency ,n :le
determination of the permeaai11:y of soil to be used for
liners or covers for waste management units (RCA,
waste, C*5CL, etc)_ the following procedures have peen
developed.
Procedure Laboratory determination of permeability of fine grained
for Liners,:._ .,sons shali be performed using the modified triaxial
apparatus technique, including back pressure saturation, to
determine the constant head, saturated permeability of an
"undisturbed" soil sample. Disturbance of the soil sample
shall be minimized both before and during the determination
in order to approximate actual field conditions. The
- determination shall continue until permeant liquid inflow
and outflow are equal and until a "steady - state"
permeability value is obtained-. -- At-a- min-imum,, tiNe�
determinatioa• s -all-- conti: nutr.unti.l._a.t..l.e.ast..tio. (2) pore
volumes of permeant llqu-i.d have passed through one soil
sample. The permeant liquid shall be either a 0.005 N
CaSO. solution or leachate from the site or another site
with similar physical and chemical characteristics. :h any
cast, disttl.l.ed water shall not be used. The effective •
stress (coaftag cell pressuce..ati.rwi_the.. Yerage of __he_-
__ headwater and - to ai l:Water pressures) ap'p11 ed tl-tre' soil
sample in the triaxial apparatus shall be set as close as
...possible to the expected in situ - stress conditions to
prevent excessive consolidation of the soil sample.
,_.__ Hydraul-ic gradients (driving force. pressure expressed in
- "centlmeterz of water pressure -dlvlded-by. the length-of
sarcle in centimeters) used for a determination shall be
. kept below ZQ. laboratory -ptrmeabi- 1 -i -ty determination
results shall include a detailed description of both the
sample collection and preparation techniques and the
detain (cell pressure, headvater pressure, tailwater
pressure, driving pressure, gradient, sample size, permeant
----- 14quid, time, etc.) of the determination procedures.
Pevtsed '-,3/83
Page 2
3- tcedure
_a :cra: :ry 'e:: --. '.3. :i.cn :f :.et, -23:i i .: :f Fine ;r1"?:
,oils snail :e :e^ :r-e: _sing : ^eD° ?: tr'ax`ai
ao:ara:.s :e: n-• .Je.
:2:er:mine n e :_ns :ant -.ea^.. sa :_'a :ed :er.ea1iiity of
n
',Jnt i s turtel- :tit samples. v s : rta.hce cf. :no scj l sal^ e
Snail :e mi,n i 1i ted both tefor e and - .ur.i. ng. :he Teter -i na: _
�
n r^er .0 attrox ma :e. actual . e J ::r:i :riS. _^_'
:ermean: 1ituil snail :2 either :at water Cr 3 C.CC5 4
CaSC4 soiu : :,n. in-any` case'. V:S':1 led wa7ar snail' not
to !.sed. The ?;=ectt`Je it✓2SS Cam"' C e-- mot.
minus :ne average of- tere heeowate-g pfessJ'res)
applied to t`1e soil sample in the triaxial apparatus snail
to set as close as possible to the expected in situ - stress
conditions tz prelent_ex- cass.tve_coa.sali a-tt. ;n_of• ;`a- sclui.
sample. la:o-ra_taFy- serreab.i -.l_i .dete;r,7tina&ion-:.reparts
snail incluQB.�detafled. esc -ri _ion, 4f_- Qtn. :the sarapi -e --
collection and :reparation techniques and the details (:eii
pressure, headwater pressure, tailrater pressure, driving
pressure, gradient, sample size, permeant liquid, time,
etc.) of the determination procedures. Tests shall be
performed im t41G phase.s_as,._spe- cified. below.
trasa F :
-.Collect and . prepare A samples -and backpressure
saturate :- Subject the'-- sampl-e'to a- confrant- hydraulic
gradient =tdriving=fbree - prtssvre-wxpressed in centimeters
of-water divided by length of sample in centimeters)- of- -
•less-thin 20 until the volume of permeant flowing .out of
the sample in a minimum period of three (3) hours is equal
- . Etta- vcl-ume--inout in the sam- eriod. Compute the
permeability at the conclusion of the steady state period.
Phase Ii. Prepare an identical sample and backpressure
satur.a.te.__- Subject the sample to a constanydraulic
- gradleni- not -e-xc ed- 1.ng -3c _ .Tlz ;s gradient -shalt be.._.. .
ma-1 talned until at least two (2) pore volumes of permeant
liquid have- passed through..thl,s_ so_i 1 samott7. Readings
shall be taken and. permeability computed at the lesser
interval of 0.25 pore - volume or 24- hours. The results
shill be. plotted on a arithmetic scale to show permeability
versus_ Pori volume, If- -the measured permeability is
relatively-constant or decreases -yi-th the number of pore
volumes- passed through the-sample., then --1t can-be concluded
that the permeant does not alter the soil skeleton so as to
Increase the specimen permeability. The sample
permeability will be the computed permeability from the
Phase I test. However, should the measured permeability
show an increasing trend, the procedure required for liners
must be performed on that soil type to determine the
sample's permeability.
Programs Affected: Permits, RPMS, Compliance, FOS
GTR:jk /sp /3588k
STANOARO CONOITIONS FOR CONSTRUCTION/DEVELOPMENT PERMITS
ISSUE) BY THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
July 1, 1979
The Illinois Environmental Protection Act (Illinois Revised Statutes,
Chapter 111 -1 /2, Section 1039) grants the Environmental Protection Agency
authority to impose conditions on permits which it issues.
These standard conditions. shall apply to all permits which the Agency
issues for construction or development projects which require permits
under the Oivisions of Water Pollution Control, Air Pollution Control,
Public Water Supplies, and Land and Noise Pollution Control. Special
conditions may also be imposed by the separate divisions in addition
to these standard conditions.
1. Unless this permit has been extended or it has been voided by a
newely issued permit, this permit will expire two years after date
of issuance unless construction or development on this project has
started on or prior to that date.
2. The construction or development of facilities covered by this permit
shall be done in compliance with applicable provisions of Federal
laws and regulations, the Illinois Environmental Protection Act,
and Rules and Regulations adopted by the Illinos Pollution Control
Board.
3. There shall be no deviations from the approved plans and specifi-
cations unless a written request for modification of the project,
along with plans and specifications as required, shall have been
submitted to the Agency and a supplemental written permit issued.
4. The permittee shall allow any agent duly authorized by the Agency
upon the presentation of credentials:
a. to enter at reasonable times the permittee's premises
where actual or potential effluent, emission or noise
sources are located or where any activity is to be con-
ducted pursuant to this permit.
b. to have access to and copy at, reasonable times any
records required to be kept under the terms and con-
ditions of this permit.
c. to inspect at reasonable times, including during
any hours of operation of equipment constructed or
operated under this permit, such equipment-or monitoring
methodology or equipment required to be kept, used, operated,
calibrated and maintained under this permit.
d. to obtain and remove at reasonable times samples of any
discharge or emission of pollutants.
e. to enter at reasonable times and utilize any photographic,
recording, testing, monitoring or other equipment for the
purpose of preserving, testing, monitoring, or recording
any activity, discharge, or emission authorized by this
permit.
7. . The issuance of this permit:
a. shall not be considered as in any manner affecting the title
of the premises upon which the permitted facilities are to
be located;
b. does not release the perni ttee_ .f.ro'n any liability. for
damage to person or property caused by.or resulting from
the construction, maintenance -,.or operation of the proposed
facilities;
c. does not release the perm rttee from compliance with other
applicable statutes and regulations of the United States,
of the State of Illinois, or with applicable local laws,
ordinances and regulations; .
d. does not take into consideration or attest to the structural...
stability of any units or parts of the project;
e. in no manner implies or-suggests that the Agency (or its
officers, agents or employees) assumes any liability, directly
or indirectly, for.any loss due to damage, installation,
maintenance, or operation of ttie proposed equipment-or
faciltty.
6. Unless a joint construction /operation permit has been issued, a
permit for-operating shall be obtained from the Agency before the
facility_ or equipment covered by this permit is placed into
operation. -
7. These standard conditions shall prevail unless modified by special
conditions.
8. The Agency may file a compliant with the Board for modification-,
suspension or revocation of a permit:
a. upon discovery that the permit application contained
misrepresentations, misinformation or false.statements
or that all relevant facts were not disclosed; or
b. upon finding that any standard or special conditions have
been violated; or
c. upon any violation of the Environmental Protection Act or
any Rule or Regulation effective thereunder as a result
of the construction or development authorized by this permit.
MLX:dh /17
rC - i
r'L
4 /; -
< &Q POST - CLOSURE CAR£ ='1
The post - closure care period will begin once the site has been closed in accordance with
the closure plan and a Certificate of Closure has been granted in accordance with 351AC
807.508. Post - closure care shall be carried out to monitor conditions at the site and to
verify that closure methods continue to forbid the site from impacting the environment.
Post - closure care will continue until the following plan has been completed and it has been
adequately demonstrated that the site will not cause future violation of the Act (Section
807.524).
For reasons established in the background section of this report, an extended period of
inspections and monitoring is not warranted. Quarterly ground water sampling and site
inspections will continue for a period of one year. If, after a period of one year ground
water contamination has not been detected, leachate production is'nat indicated, and the
cap has remained intact a request for Certification of Completion of the post - closure care
period will be filed with the agency (351AC 807.524). Until this Certification of
Completion of the post - closure care period is granted by the !EPA, quarterly ground water
monitoring and maintenance will continue for a maximum period of 15 years.
Maintenance
This maintenance plan provides foe' inspection and repair of the physical condition} -of the
site until the final. day of the one-year - post - closure period.' ' In addition, ground water
monitoring and facility inspections -will be conducted for one (1) year following .IEPA
approval of the closure plans This maintenance period is dependant upon Certificate of
Completion of the post- closure•care period being granted by the IEPA. Maintenance period
shall not exceed 15 years post - closure. The maintenance program will adhere to 35 IAC
'• Subpart A Section 811.111, and includes the following:
•
3.1.1 Inspection
On a quarterly basis, and in conjunction with the quarterly site ground water monitoring,
an inspector will make a careful examination of the surface conditions- at the site. The
inspector will identify and record the location of any gas emission and /or leachate_weeps
which could create a potential problem, --Any deficiencies -noted during these inspections
will be documented, identified, and located on a site plan. Correction of site deficiencies
will be undertaken within. -60. working days of the identification. Inspection- and
remediation action records for this site will be maintained in the office of the Lemont
Public Works Department: •The-IEPA will be notified of any such events.
1715RPT.OVi
CMPI JPAOJ4
920204
19
ENGINEERS INTERNATIONAL, INC.
puelrigt,ther-oasisclosiueu Period~.. a_ cgtrective„astioo- viii•- bet -taken it deficiencies-occur
including, but not limited to, the following:
• ponding
• cracks greater than one -inch wide and over six inches deep- in final
cover
• gas problems
• odor problems
4. dead or stressed vegetation
• vegetation with taproots growing in areas not designed to
accommodate such growth
• leachate popouts or seeps.
In addition, the inspector will assess the condition and need for repair of monitoring points,
and drainage features.
= le> Final? Covet
Cover repairs may be necessary because of differential settlement or erosion. Any areas
where ponding occurs, or erosion impacts appear, will be promptly repaired in order to
maintainthe integrity of the clay cap, topsoil, and /or asphalt layers. Recently filled and
covered areas will require the most maintenance. Differential settlement decreases very
rapidly with time and'erosion is prevented as vegetation flourishes.
-Ar..1.3=7 Veg eta ti orr_<
Areas repaired in item 3.1.2 above may require re- establishment of vegetation.
Maintenance and mowing will be provided in the routine maintenance program established
for the parking facility.
at ) Gas, Coa o _ s
As previously discussed in the closure plan (Section 2.4), no LFG control system is
intended for the site. However, -the inspector who conducts quarterly monitoring will
attempt to identify and locate any gas related problems that may occur during the closure
care period.
3am5r .
Minor repairamay be necessary to insure the integrity of fencing, drainage structures, and
monitoring points. Repairs will be made as warranted. All costs will be inc urred as
general routine maintenance costs for the parking facility.
kraina9, Eorsu:o},
A storm water collection system, as described in Section 2.3 of the closure plan, is in
place at the site. The system will collect storm water run-off from the site parking facility
and the adjacent facility to the south. Due to the established nature of the system, only
minor arjy_naintenance is anticipated. Maintenance costs will be provided by the
171S1IAT.13V$
CINP1 /PRO -14
920E04
20 ENGINEERS INTERNATIONAL, INC.
L
routine maintenance program established for the site facility.
3.1.7 Documentation /Records
Site inspections will be documented, and records will be kept at the office of the Lemont
Public Works Department. The documentation will address problems found and corrective
actions taken. All ground water monitoring results will be retained for reference.• During
the post - closure care period, corrective action shall be taken if ponding is observed, if
cracks in the cover material greater than one inch wide have formed, if vegetative
problems occur, or if there is evidence of leachate. The post - closure care inspection report
will address each of these items.
Records of all inspections and remedial actions taken during the post - closure care period
will be kept at the Lemont Public Works office for Agency inspection-. This will include the
results of the ground water monitoring program and the results of the ground water quality
analysis.
3.1.8 Security
Access to the site will not be restricted, however, the installation of the asphalt parking
lot will eliminate the possibility of human contact with the LFM. Routine maintenance will
be conducted throughout the fife of the site. The Agency will be notified if any significant
problems occur or if alterations to the structure are proposed.
3.1.9 Acceptance of Waste During Post- Closure
Wastes will not - be accepted during the post - closure period.
3.2 Ground Water-Monitoring
The ground water monitoring system will be comprised of four (4) shallow wails (as ✓
escribed in Section 2.4 of thispfan) that will undergo quarterly sampling for the duration
of he. closure care period. The monitoring program will attempt to determine weather or
not the ground water from the site is impacting the waters of the I &M Canal or the
shallow dolomite-aquifer. • - -
e first round of sampling take place not later than 30 -days after the completion of ;
the onitoring network. In additic to the routine sampling\ objective, the first round will
atte t to confirm the satisfactory completion of the LUST \remediation project. First
round s pies will be analyzed fdt volatiles. semi - volatiles, 'and metals in addition to
parameter pically associated with solid waste monitoring requirements. Routine sample
parameters w include the following:
Parameter - Standard
T Alkalinity, as CA
Total• organic carbon
,Chloride C1
Sulfate SO4
1715RPr.DVS
CUP1 IPNQJ4
9201104
21
5 times background`ievel
5 times background level,,
250 Mg /L (SDWA)
250 Mg /L (SDWA)
ENGINEERS INTERNATIONAL, INC.