Contaminated Soil Zones with Highway Authority Agreements

Many properties located within the City of Galesburg have histories as gas stations or other uses that may have resulted in soil contamination. The tanks have been removed from the majority of these sites, but there may still be contaminates in the soil on the property or adjacent land. A letter of No Further Remediation (NFR) from the Illinois Environmental Protection Agency (IEPA) acknowledges that a site owner or operator has satisfied the IEPA's regulations regarding this contaminated soil and that no further action is required in order to be in compliance. Development or sale of a property with a history of contaminated soil is difficult without an NFR. The IEPA does not require that all contaminated soil be removed, but it does require an institutional control so that no person is exposed to contaminated soil that extends onto the public Right-of-Way in the form of a Highway Authority Agreement (HAA). This agreement requires the highway authority (in this case the City of Galesburg) to limit access by all parties that may excavate soil within the defined contaminated zone. The City’s general excavations ordinance exempts recognized utility companies from obtaining an excavation permit to dig in the Right-of-Way, except when proposing to work in a contaminated soil area where the City has signed a HAA. The permittee is required to take necessary precautions to protect human health (including worker safety) and the environment during and after any work within a designated contaminated soil zone. This map describes contaminated soil zones with Highway Authority Agreements in place.