TRANSMITTAL LETTER FOR BOARD MEETING OF JULY 8, 2010
COMMITTEE ON REAL ESTATE
Mr. Richard Lanyon, Executive Director
Title
Request to amend the September 3, 2009 Order of a 9-month permit for access to District property at 3548 S. Ashland Avenue for the purpose of collecting soil samples and conducting soil remediation because of contamination by a former leaking underground storage tank on adjacent non-District owned property at 3538 S. Ashland Avenue in Chicago to substitute Wm Wrigley Jr. Company as the permittee
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Dear Sir:
On September 3, 2009, the Board of Commissioners authorized the issuance of a 9-month permit to an environmental contractor, Malcolm Pirnie, Inc., (“Pirnie”) to access a 25 ft. by 100 ft. vacant District lot at 3548 S. Ashland Avenue in Chicago for a permit fee of $2,000.00. Pirnie is a contractor for the Wm Wrigley Jr. Company (“Wrigley”). Wrigley owns an adjacent parcel of land at 3538 S. Ashland Avenue. Benzene was discovered at the Wrigley property due to a leaking underground storage tank and reports indicate that the contamination migrated onto the District’s property. Wrigley has entered into an agreed Order with the Illinois Environmental Protection Agency to remediate its site and the effected surrounding sites.
Wrigley initially requested that a 9-month permit be issued to Pirnie to conduct a chemical oxidation injection program to treat the impacted soils. The permit has not yet been executed as the parties were awaiting approval of the remediation plan by the Illinois Environmental Protection Agency (“IEPA”). The IEPA has now approved the proposed remediation plan and Wrigley is ready to direct its contractor to begin remediation activities. However, Wrigley has now requested to be the permittee in the event further subcontracting is required to complete the remediation. The permit issued to Wrigley, rather than solely to its contractor Pirnie, will allow this.
The remediation will consist of a chemical injection process into the contaminated soils. The Site Remediation Section has reviewed the Remediation Plan and finds it acceptable. The remediation plan provides for the District’s land to be remediated to TACO Tier 1 residential standards, as well as the Permit Agreement.
Since the permit has not been executed, it is recommended that the previous September 30, 2009 Order be amended to provide for Wrigley as the permittee, subject to all the proposed terms and conditions, including a $50,000.00 performance bond.
It is requested that the Executive Director recommend to the Board of Commissioners that it amend the September 3, 2009 Orders of a 9-month permit for access to District property at 3548 S. Ashland Avenue for the purpose of collecting soil samples and conducting soil remediation because of contamination by a former leaking underground storage tank on adjacent non-District owned property at 3538 S. Ashland Avenue in Chicago to substitute Wm Wrigley Jr. Company as the permittee.
Requested, Frederick M. Feldman, General Counsel, FMF:CL:JCC:rg
Recommended, Richard Lanyon, Executive Director
Respectfully Submitted, Terrence J. O’Brien, Chairman Committee on Real Estate Development
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for July 8, 2010
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