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TACO

Intergovernmental Agreement Between the Illinois EPA and the Illinois Department of Transportation Regarding the Reuse of Soil from IDOT's Dan Ryan Expressway Reconstruction Project

This intergovernmental agreement (�Agreement�) is entered into by and between the Illinois Environmental Protection Agency (�IEPA�) and the Illinois Department of Transportation (�IDOT�) for the purpose of facilitating the reuse of native soils removed from IDOT�s Dan Ryan Expressway Reconstruction Project.

WHEREAS, IDOT is in the process of reconstructing a portion of the Dan Ryan Expressway in Chicago, Illinois (�Reconstruction Project�);

WHEREAS, as a part of the Reconstruction Project, IDOT needs to relocate native soils removed from within the Dan Ryan Expressway right‑of‑way;

WHEREAS, material is needed to use as engineered barriers under 35 Ill. Adm. Code 742 (�TACO�) at sites being remediated under IEPA�s Site Remediation Program (�SRP Sites�), and as general fill beneath such engineered barriers;

WHEREAS, material is needed at sites where IEPA is conducting response actions (�IEPA Response Action Sites�);

NOW, THEREFORE, therefore, IEPA and IDOT hereby agree as follows:

SECTION 1 Incorporation of Recitals.

The foregoing recitals are incorporated into this Agreement by reference as if set forth fully herein.

SECTION 2 Applicability.

This agreement applies only to native soils that are removed from within the Dan Ryan Expressway right-of-way as a part of the Reconstruction Project and are reused as engineered barriers at SRP Sites in accordance with TACO, as general fill below such engineered barriers in accordance with IEPA requirements, or at IEPA Response Action Sites in accordance with IEPA requirements. This Agreement does not apply to any material other than native soils, including, but not limited to, rebar, wood, concrete, asphalt, asbestos, and refuse, provided that the native soils reused under this agreement may contain deminimus amounts of material other than native soils that may reasonably become intermingled with the native soils as a result of loading and transportation.

SECTION 3Procedures for Acceptance of Soil

The following procedures will be used to determine whether native soils removed from within the Dan Ryan Expressway right‑of‑way as a part of the Reconstruction Project are acceptable for reuse at SRP Sites or IEPA Response Action Sites:

A.IDOT has or will research each soil removal location to determine whether there has been any potential for contamination of the soil as a result of current or past uses. Soil removed from locations where a current or past use indicates a potential for soil contamination will not be reused under this Agreement.

B. IDOT will ensure that representative soil samples are collected from each soil removal location prior to removing the soil for reuse, and from the native soil delivered to SRP Sites or IEPA Response Action Sites for reuse. IDOT will also ensure that each sample is analyzed for all of the parameters on the Target Compound List set forth in 35 Ill. Adm. Code 740.APPENDIX A or another list approved by IEPA. The representative soil samples collected from soil removal locations will be collected in-situ. The number of samples required at a soil removal location shall be sufficient to be representative of the soil to be reused, but in no event shall sample locations be spaced more than 100 ft apart or separated by more than 6 ft in depth. Significantly different soil types shall also be sampled in such a representative fashion.

For native soils delivered to a SRP Site or an IEPA Response Action Site, a minimum of one sample shall be collected for every 750 cubic yards of native soil delivered. For native soil that will be reused at any specific SRP Site as an engineered barrier or as general fill below an engineered barrier, the remedial applicant for the SRP Site may require additional soil sampling.

C. Only native soils that meet the following criteria can be reused under this Agreement:

1. The soil does not contain a contaminant other than the contaminants included in the Target Compound List set forth in 35 Ill. Adm. Code 740.APPENDIX A, and does not contain any materials other than native soils or deminimus amounts of material other than native soils that may reasonably become intermingled with the native soils as a result of loading and transportation;

2. IDOT will ensure that soils leaving the site are visually inspected and determined to be visually consistent with the soils sampled and not mixed with wastes or otherwise contaminated; and

3. The soil cannot exceed the Tier 1 Soil Remediation Objectives for Residential Properties set forth in 35 Ill. Adm. Code 742.APPENDIX B, TABLE A, provided, however, that in the areas identified in Attachment A to this Agreement the polynuclear aromatic hydrocarbon chemicals in Attachment A may be present up to their background levels listed in Attachment A subject to approval from IEPA and in the case of an SRP Site subject also to approval from the remedial applicant for the site

4. No soils previously used as fill may be reused under this agreement unless they have been specifically tested and meet all other provisions of this Section 3(C).

SECTION 4 Reporting.

For each site at which soil is reused under this Agreement, IDOT will provide the following information to the remedial applicant in the case of an SRP Site and to IEPA in the case of an IEPA Response Action Site:

A. Information identifying the survey location(s) from which the soil reused at the site was removed.

B.The results of IDOT�s research pursuant to Section 3(A) of this Agreement.

C. The results of the soil sampling conducted pursuant to Section 3(B) of this Agreement. The results will include, but are not limited to, copies of the laboratory reports for each sample and a table comparing the sample results to the Tier 1 Soil Remediation Objectives for Residential Properties set forth in 35 Ill. Adm. Code 742.APPENDIX B, TABLE A, and, if applicable, to the background levels listed in Appendix A of this Agreement.

D. The soil classification(s) of the soil reused at the site (i.e., soil classifications from soil borings performed as a part of IDOT�s investigations)

E. The amount of soil reused at the site from each soil removal location.

F. The name, business address, and business telephone number of a contact person at IDOT that is familiar with the reuse of the soil under this Agreement.

SECTION 5 General

A. This Agreement represents the entire agreement between IDOT and IEPA with respect to the reuse of soil from the Reconstruction Project at SRP Sites and IEPA Response Action Sites, and supersedes all previous communications and understandings, whether oral or written.

B. This Agreement shall be effective upon its execution by the Director of IEPA and the Secretary of IDOT.

C. This Agreement shall continue in full force and effect without modification, unless subsequently amended by written agreement executed by the Director of IEPA and the Secretary of IDOT, provided that the agreement shall terminate upon IDOT�s completion of the Reconstruction Project. This Agreement may be cancelled at any time by the written request of the Director or the Secretary.

D. In the event that any portion of this Agreement is determined to be void or otherwise unenforceable, all other provisions of this Agreement shall continue with full force and effect.

Original Signed on August 10, 2005	Original Signed on August 10, 2005

Douglas P. Scott, Director	Timothy Martin, Secretary
Illinois Environmental Protection Agency	Illinois Department of Transportation
Date:	Date:

Concentrations of Polynuclear Aromatic Hydrocarbon Chemicals in Background Soils

Chemical Name	Chicago^a mg/kg	Metro Areas^b (mg/kg)	Non-Metro Areas^c (mg/kg)
2-methylnaphthalene		0.135	0.289
Acenaphthylene	0.03	0.0685	0.044
Anthracene	0.248	0.402	0.143
Benzo(a)Anthracene	1.099	1.84	0.719
Benzo(a)pyrene	1.302	2.14	0.98
Benzo(b)fluoranthene	1.484	2.05	0.704
Benzo(g,h,i)perylene	0.684	1.67	0.843
Benzo(k)fluoranthene	0.992	1.68	0.634
Chrysene	1.158	2.72	1.07
Dibenzo(a,h)anthracene	0.205	0.422	0.154
Fluoranthene	2.72	4.08	1.83
Fluorene	0.102	0.179	0.041
Ideno(1,2,3,-cd)pyrene	0.858	1.552	0.513
Naphthalene	0.038	0.201	0.168
Phenanthrene	1.333	2.46	0.991
Pyrene	1.9	3.03	1.23

^a Chicago means within the corporate limits of the City of Chicago.

^b Metro Area is a populated area*, excluding the City of Chicago, located in a county within a metropolitan statistical area as identified in 35 Ill. Adm. Code 742.APPENDIX A, TABLE G.

^c Non-Metro Area is a populated area* that is not located in a county within a metropolitan statistical area as identified in 35 Ill. Adm. Code 742.APPENDIX A, TABLE G.

^*�Populated area� means (1) an area within the boundaries of a municipality that has a population of 10,000 or greater based on the year 2000 or most recent census; or (2) an area less than three miles from the boundary of a municipality that has a population of 10,000 or greater based on the year 2000 or most recent census.

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