A.Y. McDonald Rezoning
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Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. 50-00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF EAST 12TH
STREET AND EAST OF HIGHWAY 61/151 FROM POS PUBLIC OPEN SPACE
TO MHI MODIFIED HEAVY INDUSTRIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property
from POS Public Open Space to MHI Modified Heavy Industrial District, to wit:
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Lot 1 of Lot 1 of A. Y. McDonald Manufacturing Company Place, and to the center
line of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 19th day of June
~
,2000
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:IUSERSIMELlNDAIWPICOUNCILIORDIA YMCDONA.ORD
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Planning Services Department
50 Wesl13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4149
5~~%duE
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May 10, 2000
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Rezoning
Applicant:
Location:
Description:
A.Y. McDonald Mfg. Co.
E. 12th Street (adjacent to Highway 61/151)
To rezone property from pas Public Open Space District to MHI Modified Heavy
Industrial District.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The
application, staff report and related materials are attached for your review.
Discussion
Stephen J. Juergens, representing A. Y. McDonald Manufacturing Company spoke in favor of the
request, stating that the company is aware of the environmental constraints of the subject site
having been both the former and current owner of the property. The applicant believes the MHI
zoning is consistent with the surrounding zoning and that the property can be productively utilized
with appropriate coordination with the DNR and EPA. An adjacent property owner spoke
concerning potential adverse impacts to adjacent property if the A. Y. McDonald site is disturbed.
The Zoning Advisory Commission discussed the request noting that their charge is to review the
request from a zoning standpoint and not deal with environmental issues which are the
responsibility of the DNR and EPA. The Commission believed the requested rezoning is
compatible with surrounding zoning.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve
the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
[)'Ja~t(~) Refldl'5-rrte
~ard Schiltz, Chairperson U. ~
Zoning Advisory Commission
Attachments
Service
People
Integrity
Responsibility
Innovation
Teamwork
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City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-4149
PLANNING APPLICATION FORM
o Variance
o Conditional Use Permit
o Appeal
o Special Exception
o Limited Setback Waiver
l!i Rezoning
o Planned District
o Preliminary Plat
o Minor Final Plat
o Text Amendment
o Simple Site Plan
o Minor Site Plan
o Major Site Plan
o Major Final Plat
o Simple Subdivision
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s):
A.Y. McDonald Mf~. Co.
Address:
P.O. Box 508
City: Dubuque
o Annexation
o Temporary Use Permit
o Certificate of Appropriateness
o Certificate of Economic Hardship
o Other:
Phone: 319-556-2258
State: IA
Zip: 52004
Fax Number: 319-588-0720 Mobile/Cellular Number:
Stephen J. Juergens of Fuerste, Carew, Coyle,
ApplicanUAgent: Juergens & Sudmeier, P.C. Phone: 319-556-4011
200 Security Building
Address: 151 West 8th Street City: Dubuque State: IA Zip: 52001
Fax Number:
319-556-7134
Mobile/Cellular Number:
. Site location/address: See attached plat.
Existing zoning: POS Proposed zoning: MHI
Historic district:
//-Iq- 50(-004
Landmark:
Legal description (Sidwell ParcellD number or lot number/block number/subdivision): Lot 1 of Lot 1 of
"A.Y. McDonald Manufacturing Companv Place", in the Citv of Dubuque. Dubuque Countv, Iowa
Total property (lot) area (square feet or acres): 213.374 souare feet Number of lots:
1
Describe proposal and reason necessary (attach a letter of explanation, if needed): To make property usable
and productive and compatible with surrounding area and adiacent properties.
CERTIFICATION: J/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s): A. Y. McDon ld Mf . Co.
ApplicanUAgent: By:
FOR OFFICE USE ONLY - APPLICATION SUBMITTA
Fe.e:.~, (Jil Received by: ~ate: -r
o Property CWro....'shio list 0 Site/sketch plan 0 Floor plan ~Iat
o Improvement plans u :::o~iQn review project description 0 Photo
Date:~.
Date:~
CHECKLIST
o-c Docket:
o Conceptual development plan
o Other:
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1 UWA UlI" AI( I MtN I Ur I KAN~I"Ulj I A I I UN
EXCESS RIGHT OF WAY PLAT
EXHIBIT "A"
COUNTY DUBUQUE
PROJECT NO. F-FD-561-4(12)-2N-31101dl: F-61-8(22)--?O-31
SECTION _ 19 TOWNSHIP B9N
EXCESS - FEE 213,374 SQ. FT. EXCESS - EASEt.1ENT
ACOlJIRED FRON A. Y. McDONALD MFG. CO.
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SlJllVEYOR IINl)fR THE lAWS Of TIlE STATE OF IOWA.
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Nome: lARnJ( R. McGUIRE
llAlI: ___#L.s-12~ REG. No. 9019
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REZONING STAFF REPORT
Zoning Agenda: May 3, 2000
Property Address: East of Freeway 61/151 on the north side of East 12th Street
Property Owner:
A Y. McDonald Manufacturing Co.
Applicant:
Steven J. Juergens, Fuerste, Carew, Coyle, Juergens &
Sudmeier, P.C.
Proposed Land Use: Industrial
Proposed Zoning: MHI
Existing Land Use: Open space
Existing Zoning: POS
Adjacent Land Use: North - Industrial/open space
East - open space
South - industrial
West - freeway/industrial
Adjacent Zoning: North - HI/POS
East -POS
South -HI
West -MHI
Former Zoning:
1934 -HI 1975 - HI 1985 - HI
Total Area: 4.9 acres
Property History: The subject property was formerly the site of AY. McDonald
Manufacturing Company and was acquired by the lOOT as part of the Freeway 61/151
project. The subject parcel was rezoned by the City Council in May, 1993, from HI
Heavy Industrial to pas Public Open Space. The AY. McDonald Manufacturing
Company recently purchased the subject parcel from the lOOT.
Physical Characteristics: The subject parcel is relatively flat and is bordered on the
west side by Freeway 61/151 to the east by the City of Dubuque 16th Street Detention
basin and on the south by E. 12th Street and Pape Transfer Company.
Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not
designate a future land use for this area. The subject parcel was part of the 1990
Freeway Corridor Plan that designated the area for open space. The portion of the
Freeway Corridor Plan that deals with the A Y. McDonald site is attached.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: There are no traffic counts available for E. 12th Street.
Public Services: Existing public services are adequate to serve the site.
Environment: The requested rezoning will not adversely impact the environment
and any development of the property would have to meet State and Federal
environmental regulations.
Adjacent Properties: Staff do not anticipate any adverse impact to adjacent
properties by the requested rezoning.
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REZONING STAFF REPORT
Page 2
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting a rezoning of the subject parcel from POS
Public Open Space to MHI Modified Heavy Industrial District. A copy of the list of
permitted uses in the MHI and POS Districts is attached for the Commission's review.
The subject parcel was rezoned by the City Council in May, 1993, from HI Heavy
Industrial to POS Public Open Space.
The rezoning was part of the Freeway Corridor Plan that was adopted in 1990. The
A.Y. McDonald site was recommended for rezoning from HI Heavy Industrial to POS
Public Open Space. The Freeway Corridor Plan stated, "the former A. Y. McDonald
Manufacturing Company site is permanently restricted due to hazardous waste
contamination. The undersurface seal cannot be pierced in any way; therefore, only
limited vegetation will be allowed to grow on the site and only limited surface activity will
be permitted. "
The subject property does have frontage on E. 12th Street and is bordered on the west
side by Freeway 61/151. However, the portion of East 12th Street that is adjacent to
the subject parcel has been leased to Pape Transfer. The applicants have stated in
their application that the proposed rezoning is being requested, "to make the property
usable and productive, and compatible with surrounding area and adjacent properties."
The property to the east is occupied by the City's 16th Street detention basin, to the
south by Pape Transfer Company, and to the west by Freeway 61/151.
Section 36-7(6) of the City Code stipulates that the Long Range Planning Advisory
Commission review amendments to all of part of the Comprehensive Plan. Section 36-
2(12) of the City Code includes the Freeway Corridor Plan as a special plan element,
requiring special consideration and planning. The Long Range Planning Advisory
Commission will hold a public hearing on this request at their May 17, 2000 meeting.
recommendations from both the Zoning Advisory Commission and Long Range
Planning Advisory Commission will be forwarded to the City council for their public
hearing in June, 2000.
Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance that establishes criteria for the review of rezoning requests.
Prepared by:
Reviewed: ?
Date: f"h,/pc>
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fi.6E:WA,/ Col2.el~ 'PLAt-.l
. A.Y. McDonald Site
· Background/Existing Conditions
Physical Constraints and Qooortunlties
Development of the easterly part of the former A Y. site is permanently
restricted due to hazardous waste contamination. The undersurface seal
cannot be pierced in any way; therefore, only limited vegetation will be
allowed to grow on the site and only limited surface activity will be
permitted. The remainder of the AY. site can be reused, and the entire area
between 12th and 16th Streets will have ready access to the freeway. Rai I
access is also available on the westerly side of this target area.
Full City utilities are available to this area.
Capital Improvement Projects: no CIP projects anticipated in this target
area.
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Vacant leftover parcels will include only the AY. site in this target area,
with only the westerly portion being fully developable.
Total acres: approximately 25 acres, with approximately 6.5 developable
acres available at the former AY. site and 9.5 redevelopment acres between
Pine and Sycamore Streets (excluding the Dupaco block).
Estimated residential population: 86
Develooment History
This area includes the former site of the A Y. McDonald plumbing equipment
manufacturing plant and surrounding residential properties which developed
close to the work site of two major Dubuque employers -- A.Y. and FDL, the
former Dubuque Packing Company. Though residential uses still exist today,
other office, commercial and industrial uses have encroached on the
neighborhood known historically as the "Flats". Limited reinvestment has
occurred in properties in this target area over the past 20 years with the
exception of the Dupaco Credit Union ofrice.
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prooerty Ownershio
Owners of substantial parcels of land include: lOOT, FDL, Blum Company,
Dupaco Credit Union, Shirley Mihalakis.
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Current Land Use
Residential. off1ce. commercial/service, industrial. outdoor
storage/salvage, vacant
Current Zoning
HI
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. Goals
· To redevelop that portion of the A Y. site which is outside of the
contamination area for industrial uses.
· To encourage a planned industrial development versus individual. small
parcel-by-parcel development at the A Y. site.
· To encourage redevelopment of surrounding properties in a planned
industrial district.
· To develop an open space/prairie on the contaminated site to provide for a
wildlife refuge area adjacent to the detention basin.
· To recognize the detention basin area as an asset to the City in terms of a
visual amenity, a potential wildlife observatory slte and as a passive
recreation area.
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· Recommended Policy IImplementation Steps
· DUbuque In Futuro should acquire from lOOT the remaining developable
portion of the A. Y. site for future resale to industrial client(s).
· The City should consider use of Urban Renewal as tool for redevelopment
of properties bounded by Pine, 16th. Sycamore and 14th Streets
if existing industry in immediate area needs land to expand or for
other prospective industrial concerns.
· Although property to the west of the freeway should remain as HI Heavy
Industrial District, any new development should follow PI Planned
Industrial District regulations which will provide additional site
and performance requirements and allow an industrial development
to be tailored to this specific site in terms of permitted uses.
· Recognize industrial value of properties in this target area and refrain
from using City housing rehab fUnds for residential properties for
four years, Subject to annual review and cancellation by the City
Council if industrial development is not forthcoming.
· Offer appropriate and considerable assistance. as set by City housing
policy. to residents who may face displacement by industrial
redevelopment activity.
· Rezone to POS Public Open Space the area east of the freeway to include
the detention basin and the undevelopable A. Y. site.
· Maximize the detention basin as a wildlife refuge area through a planting
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program which not only serves as wildlife habitat but can also
effectively increase the flltering process for pOllutants entering
the basin.
· Sui ld an observatory at the corner of Marsh and 15th Streets as a
passive recreation viewing area where eagles, heron, ducks and
other waterfowl can be seen throughout the year.
· Allow undevelopable A Y. site to serve as an open space prairie to
complement the detention basin refuge.
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~ 3-4
DUBUQUE CODE
1986, the Emergency Manage-
ment Director shall certify
whether or not the applicant
has submitted a current
inventory of extremely
hazardous substances kept or
stored on the premises. If any
such extremely hazardous
substances are kept or stored
on the premises, the applicant
shall also post in a conspicuous
place on the premises a notice
indicating a description of the
extremely hazardous sub-
stances, and the physical and
health hazards presented by
such substances.
(E) Temporary Uses: (Reserved for future
use.)
(F) Bulk Regulations:
(1) Maximum building height: 150 feet.
(G) Parking Requirements: See Section 4-2 of
this Ordinance.
(H) Signs: See Section 4-3 of this Ordinance.
3-4.3. (Reserved)
3-4.4.
District:
MHI Modified Heavy Industrial
(A) General Purpose And Description: The
MHI Modified Heavy Industrial District
is intended to provide appropriate
locations for most heavy industrial uses,
while also serving as a buffer for
transitional and redeveloping areas,
particularly along the U.S. 61/151
freeway corridor. from those most
intense industrial uses which by their
nature tend to generate levels of smoke,
dust, noise or odors or have visual
impacts that render them incompatible
Supp. No. 30
371B
with virtually all other land uses. For
this reason, the MHI Modified Heavy
Industrial District will be mapped only
in areas where topographic features or
adjacent zoning districts mitigate the
effects of the zone upon nearby uses.
This District is also designed to
accommodate the expansion of existing
uses and provide for infill of vacant
parcels but is not generally intended to
be an expandable district other than
through the use of a planned unit
development as provided in this
Ordinance.
(B) Principal Permitted Uses: The following
uses shall be permitted in the MHI
District:
(1) Railroads and public or quasi-public
utilities including substations-[ 47].
(2) General offices-[ 47].
(3) Medicalldentallab-[B].
(4) Personal services-[14].
(5) Off-street parking lot-[N/A].
(6) Gas station-[IB].
(7) Bakery (wholesale/commercial)_[19].
(B) Indoor restaurant-[20].
(9) Drive-inlcarry-out restaurant-[28].
(10) Barltavern-[20].
(ll) Automated gas station-[IB].
(12) Service station-[21].
(13) Drive-up automated bank teller-[B].
(14) Self-service carwash-[B].
(15) Animal hospitallclinic-[23].
(16) Furniture upholstery/repair-[IB].
(17) Business services-[29].
(18) Banks, savings and loans, and credit
unions-[31].
(19) Vending/game machine sales/
service-[19].
(20) Indoor recreation facilities-[37].
(21) Mail-order houses-[23].
(22) Lumberyards/building materials
sales-[19].
(23) Construction supplies, sales and
service-[19].
(24) Printing and publishing-[32].
(25) Moving/storage facilities-[33].
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APPENDIX A-ZONING
~ 3-4
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(26) Full-service carwash-[8].
(27) Auto service centers-[34].
(28) Auto sales and services-[38].
(29) Auto repairlbody shop-[35].
(30) Truck sales, service and repair-[39].
(31) Farm implement sales, services and
repair-[39].
(32) Auto partslsupply-[7].
(33) Mobile home sales-[ 40].
(34) Motorcycle sales/service-[ 41].
(35) Boat sales/service-[ 40].
(36) Recreation vehicle sales/service-
[38].
(37) Vehicle rental-[ 4 7].
(38) Upholstery shop-[42].
(39) Parking structure-[N/A].
(40) Contractors shop/yard-[33].
(41) Wholesale salesldistributor-[29].
(42) Freight transfer facilities-[44].
(43) Fuel and ice dealers-[33].
(44) Agricultural supply sales-[19].
(45) Cold storagellocker plants-[15].
(46) Packing and processing of meat,
dairy or food products, but not to
include slaughterhouses or stock.
yards-(33].
(47) Compounding, processing and
packaging of chemical products, but
not including highly flammable or
cxplosi\4(l materials-[33].
(.tS) Mnnufncture, assembly, repair or
storage of electrical and electronic
procluct5, components or equipment
-[33J.
(49) Lnborntories for research or
cngint..'cring-[33J.
(50) \Vnrchousing and storage facilities
-[33J.
(51) i\fnnuftlcturc or n:;;scmbly of musical
instruments; toys; wntches or clocks;
medical, dental, opticnl or similar
scientific instruments; orthopedic or
modic.:nl npplitlnces; signs or bill-
bonrd.-[3:1 J.
(52) Munuftlcturing, compounding, ns-
sombly (11' trctltnwnt of articles or
products from the following ~ub-
stnncl'S: clothing Ol' textiles; rubber;
IH'l1c1nus 01' somi-pn,cious stones 01'
.
$UPI\' NIl, ~lll
3719
metals; wood; plastics; paper; leath-
er; fiber; glass; hair; wax; sheet
metal; concrete; feathers; fur; and
cork-[33].
(53) Manufacture, storage or processing
of the following products, or materi-
als: glue, petroleum products or any
flammable liquid; asphalt or con-
crete products; explosive materials
of any type; structural steel and
foundry products; fertilizer; pharma-
ceutical products, including cosme-
tics, toiletries and soap; and stone
products, including brick, building
stone, and similar masonry materi-
als-[33].
[ ] Parking group-See Section 4.2 of
this Ordinance.
(C) Accessory Uses: The following uses shall
be permitted as accessory uses as provid-
ed in Section 4 of this Ordinance:
(1) Any use customarily incidental and
subordinate to the principal use it
serves.
CD) Conditional Uses.
(1) Group day care center provided that:
(a) Forty (40) square feet of indoor
floor area (excluding halls and
bathrooms) is provided per
child in areas occupied by cribs;
(b) Thirty five (35) square feet of
indoor floor area (excluding
halls and bathrooms) is provid-
ed per child in areas not occu-
pied by cribs times the licensed
capacity;
(c) Seventy five (75) square feet of
fenced outdoor recreation space
is provided per child using the
space at a given time;
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~ 3-4
Supp. No. 30
DUBUQUE CODE
(d) Such facility shall provide for
the loading and unloading of
children so as not to obstruct
public streets or eres te traffic
or safety hazards;
(e) All licenses have been issued or
have been applied for awaiting
the outcome of the Board's
decision;
(f) No group day care center may
be located within the same
structure as any gas station,
bar/tavern, automated gas sta.
tion or any facility selling,
servicing, repairing or renting
vehicles;
(g) The parking group reqUIre-
ments can be met-[8]; and
(h) The conditional use applicant
certifies that the premises on
which the group day care
center will be located complies
with, and will for so long as the
group day care center is so
located, continue to comply
with all local, State and
Federal regulations governing
hazardous substances, hazard.
ous conditions, hazardous
wastes, and hazardous
materials, including but not
limited to Iowa Code chapter
455B (1991); 42 USC section
9601 of the Federal Comp-
rehensive Environmental
Response Compensation, and
Liability Act; 40 CFR section
302.r; and section 302 of the
Superfund Amendments and
Reauthorization Act of 1986.
(i) If the applicant is subject to
the requirements of section 302
of the Superfund Amendments
and Reauthorization Act of
1986, the Emergency Management
Director shall certify whether or not
the applicant has submitted a
current inventory of extremely
hazardous substances kept or stored
on the premises. If any such ex-
tremely hazardous substances are
kept or stored on the premises, the
applicant shall also post in a
conspicuous place on the premises a
notice indicating a description of the
extremely hazardous substances,
and the physical and health hazards
presented by such substances.
(2) Grainlbarge terminal provided that:
(a) A site plan shall be submitted
and approved as provided In
Section 4 of this Ordinance; and
(b) The parking group require-
ments can be met-[44].
(E) Temporary Uses: The following uses shall
be permitted as temporary uses in the
MHI District:
(1) Batch plants (asphalt or concrete).
(F) Bulk Regulations:
(1) Maximum Building Height: 150 feet.
(G) Parking Requirements: See Section 4-2 of
this Ordinance.
(H) Signs: See Section 4-3 of this Ordinance.
(Ord. No. 25-85, ~ 1, 5-20-1985; Ord. No. 23-90,
~~ 6, 7, 3-19-1990; Ord. No. 26-90, ~ 3,
3-19-1990; Ord. No. 50-90, ~ 1, 6-4-1990; Ord.
No. 70-90, ~ l(a)-(d), 9-4-1990; Ord. No. 44-91,
~~ 1-3, 5-20-1991; Ord. No. 78-92, ~ 2,
11-2-1992; Ord. No. 12-93, ~ 2, 3-15-1993; Ord.
No. 42-95, ~ I, 7-3-1995; Ord. No. 11-96, ~ I,
3-4-1996; Ord. No. 12-96, ~ I, 3-4-1996; Ord.
No. 13-96, ~ 1, 3-4-1996)
3-5. Special Purpose Districts:
3720
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APPENDIX A-ZONING
! 3
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utility and sanitary facilities, which will
reduce or eliminate flood damage to such
Structures.
Floodway. The channel of a river or
stream, and those portions of the flood
plains adjoining the channel, whic~ are rea-
sonably required to carry and discharge
flood waters or flood flows so that confme-
ment of flood flows to the floodway area
will not result in substantially higher flood
levels or flow. velocities.
F'toodway fringe. Those portions of the
floodplain, other than the floodway, which
can be filled, leveed, or otherwise obstructed
without causing substantially higher flood
levels or flow velocities.
Lowest floor. The floor of the lowest en-
closed area in a structure including a base-
ment except when all the following criteria
are met:
(I) The enclosed area is designed to sat-
isfy the provisions of Section (L)(2)(d)(l);
and
(2) The enclosed area is unfmished (not
carpeted, drywalled, etc.) and used
solely for low damage potential uses
such as building access, parking or
storage; and
(3) Machinery and service facilities (e.g.,
hot water heater, furnace, electrical ser-
vice) contained in the enclosed area are
located at least one (1) foot above the
one hundred.year flood level; and
(4) The enclosed area is not a "basement"
as defmed in this section.
'.
In cases where the lowest enclosed area sat.
isfies criteria (l), (21, (3), and (4) above, the
lowest floor is the floor of the next highest
enclosed area that does not satisfy the cri-
teria above.
New construction. Those structures or de-
velopment for which the start of construe.
tion commenced on or after the effective
date of the flood insurance rate map (Sep-
tember 6, 1989),
One hundred.year flood. A flood, the mag.
nitude of which has a one (1) percent chance
of being equalled or exceeded in any given
Supp. No. 14
year or which, on the average, will b
equalled or exceeded at least once every on
hundred (100) years.
Structure. Anything constructed 0
erected on the ground or attached to th
ground, including, but not limited to, builc
ings, factories, sheds, cabins, factory-buil
homes, storage tanks, and other simi!.
uses.
Substantial damage. Damage of any 01
igin sustalned by a structure whereby th
cost of restoring the structure to its befor.
damaged condition would equal or exc","
fifty (50) percent of the market value of tho
structure before the damage occurred.
Substantial improuement. Any improve
ment to a structure which satisfies eithe:
of the following criteria:
(1) Any repair, reconstruction, rehabilita
tion, addition or improvement of I
structure, the cost of which would equa
or exceed fifty (50) percent of tb,
market value of the structure either (i
before the improvement or repair i1
started, or (ii) if the structure has beer
damaged, and is being restored, befotE
tbe damage occurred. For the purpose.!
of this definition, "substantial
improvement" is considered to OCCUJ
when the first alteration affects the ex.
ternal dimensions of the structure. The
term does not, however, include any
project for improvement of a structure
to comply with existing state or local
health, sanitary, or safety code specifi.
cations which are solely necessary to
assure safe conditions for the existing
use.
(2) Any addition which increases the orig.
inal floor area of a building by twenty-
five (25) percent or more. All additions
constructed after September 6, 1989
shall be added to any proposed addi-
tion in determining whether the total
increase in original floor space would
exceed twenty-five (25) percent.
.... 3.5.4. POS Public Open Space District.
(AI General purpose and description. The POS
Dislrict is intended to provide open space
3736.5
.
DUBUQUE CODE
.
for passive recreation, to protect and con-
serve natural, historic or cultural resources,
to provide habitat for wildlife, to prevent
development in environmentally sensitive
locations such as blutTs, wetlands, flood-
plains and drainageways; to serve as a
butTer between ditTering land uses or to pro-
vide natural beauty in an urban environ-
ment.
(E) Principal permitted uses_ The following uses
shall be permitted in the POS District:
(1) Public or private parks or similar nat-
ural areas supporting passive recre-
ation uses.
(2) Railroads and public or quasi-public
utilities, but not including offices or
storage areas.
(e) Accessory uses. The following uses shall be
permitted as accessory uses as provided in
Section 4-1 of this appendix:
(1) Any use customarily incidental and
subordinate to the principal use it
serves.
(D) Conditional uses.
(1) Recreational uses of a more active na-
ture which may require the use of per-
manent equipment or facilities but
which would not attract large numbers
of participants requiring the provision
of otT-street parking.
(E) Temporary uses.
(1) Sporadic uses of a recreational or
amusement nature.
.
(F) Bulk regulations. No structure. including
recreational equipment, shall be located less
than twenty-five (25) feet from any prop.
erty line.
IG) Parking requirements. None.
(H) Signs.
On-premise signs: None.
Temporary signs: None.
3-5.5. Planned Unit Development District (PUDJ.
,) General purpose and description. The
planned unit development (PUD) district is
Supp. No. 14
3736.6
intended to encourage flexible and innova-
tive design in the development of appro-
priate sites as integrated project units. Reg-
ulations for this district are designed:
(1) To allow a workable. interrelated mix
of diverse land uses;
(2) To encourage flexibility in design for
efficiency and cost savings for the de-
veloper and the community;
(3) To maximize the potential for large-
scale office. residential. commercial and
industrial development and at the same
time reduce to a minimum the impact
of the development on surrounding land
uses and the natural environment;
(4) To encourage new development to pre-
serve and utilize existing land charac-
teristics and features which otTer vi-
sual recreational benefits or other
amenities;
(5) To promote the economic, attractive, in-
novative and harmonious arrangement
and design of new buildings, streets,
utilities and other improvements or
structures;
(6) To provide a living, working and shop-
ping environment within the layout of
the site that contributes to a sense of
community and a coherent lifestyle;
(7) To provide for the creation and preser-
vation of more and larger useable
public or common open spaces than
would normally be provided under con-
ventional development;
(8) To encourage the careful design and
planning of larger development
projects;
(9) To give developers reasonable assur-
ances regarding project approvals be-
fore the unnecessary expenditure of de-
sign efforts, while providing the city
with appropriate assurances that ap-
proved PUD's will retain the character
envisioned at the time of project ap-
proval.
Property may be reclassified to the
planned unit development designation
when the proposed development plan
will promote the purpose of the district
')<J6M\lTE-o ~'f
t LDrUts fAfts' S~~tOb
. ~~!LE!!O~~!]!~A52~rg~ CO~
PHONE: 319/583-7311 . FAX: 319/588-0720
November 1, 1996
)()OOO(
x<<<<~<<x~<<xocx~~~xoc~~~x~~
Mr. Douglas C. Bates
Chief Property Management Agent
Right of Way Office
Iowa Department of Transportation
800 Lincoln Way
Ames, IA 50010
Dear Mr. Bates:
Re : DUBUQUE COUNTY
F-61-8(22)--20-30
PARCEL 1
SALE NO. 06-37-96
.
Enclosed is a copy of the Agreement we signed with IDOT with regard to
conditions A. Y. McDonald and the IDOT agreed to on September 22,
1987.
I note in your proposed agreement with Mr. Loras Pape that they agreed
to certain obligations with regard to site management activities. which
are presently the responsibility of IDOT.
I just wanted to get this Agreement before all parties so you would be
aware of these conditions, and I believe the EPA will want these-
conditions continued by McDonald and any new owners of the property
purchased from IDOT.
We do endorse the sale of the property to Art Pape Transfer, Inc. if
these conditions are met.
aC;l~1 ?J~
R. D. McDonald
Chairman of the Board
and Chief Executive Officer
RDM/ch
.
Enclosure
cc: Robert L. North, IDOT
_Loras Pape, Art Pape Transfer, Inc.
Roy Sherman
,
".J .'
.
.
.
AGREEMENT
1. This agreement is made this 2-2- day of September,
1987, between A.Y. McDonald Industries, Inc. an Iowa corporation
(McDonald) and the Iowa Department of Transportation (IDOT),
an agency of the State of Iowa.
2. IDOT and McDonald have entered or will enter into a
Consent Order with the United States Environmental Protection
Agency (EPA), Region VII, for the purpose of implementing an
Expedited Response Action (ERA) at the old A.Y. McDonald foundry
in Dubuque, Iowa. Because the Consent Order leaves unresolved
certain matters between these parties, they enter into this
agreement.
3. By entering into this agreement the parties do not admit
liability to each other or to third persons, but enter into this
agreement to resolve such matters as may be set out herein. The
parties specifically do not admit to or acquiesce in EPA's
Findings and Determinations as set forth in the Consent Order.
4. The parties specifically agree as follows:
A) McDonald will perform all work associated with the
completion of the Expedited Response Action as agreed to
by the parties to the Consent Order.
B) McDonald will be responsible for maintaining the
specified two foot soil layer referred to in the ERA
until the vegetative cover is established.
C) In conjunction with the completion of the ERA,
McDonald will be placing fill on the site within the
area of Highway 61/151 footprint. For the amount of
fill placed by McDonald in the highway footprint that
otherwise would have been placed as part of the highway
construction project, IDOT will pay, for actual
quantities in place, as determined from Atec's final as-
built drawings and verified by IDOT, either $5.00 per
.
-2-
cubic yard or the rate per cubic yard based on the lOOT
contract price determined in the bidding process for the
highway fill, whichever is greater.
0) lOOT will reimburse the company in the amount of
$50,000 for establishing vegetative cover temporarily
within the highway embankment area and permanently on
the remainder of the capped area.
E) In conjunction with the highway project, lOOT is
required by the ERA to construct and maintain special
drainage features within the highway. McDonald will
reimburse lOOT in the amount of $16,500 for these
special drainage requirements.
P) McOonald will replace soils removed from the areas
specified in Sec VII. 3. 3) of the Consent Order
restoring those areas to provide proper drainage.
G) lOOT will repair the clay cap and overlying soil
layer if injured by lOOT's highway construction
activity.
.
H) Once the clay cap is completed and the vegetative
cover is established and until the highway construction
is completed, the parties agree to jointly conduct
inspections of the site at three month intervals to
assure the integrity of the clay cap and overlying soil
layer and to develop plans for further maintenance if
necessary. Once the highway construction is completed
and the vegetative growth established, the parties will
jointly inspect the property semi-annually for a period
of two years for the purposes mentioned above.
Thereafter, the parties will jointly inspect the site on
an annual basis. The dates and times of the inspections
shall be jointly agreed to by the parties.
I) After the vegetative layer is established on the
site, lOOT will maintain the entire site in accordance
with its metro mowing program. In addition, lOOT will
repair areas of minor erosion within the two foot soil
layer overlying the clay cap. If lOOT determines that
erosion is excessive, that the integrity of the clay cap
is in danger or that there are problems with vegetation,
lDOT will report such matters to McDonald who shall take
necessary corrective action. The other maintenance and
monitoring functions specified by the PCMP and weed
control will be performed by McDonald.
.
.
-3-
J) McDonald will be responsible for the costs of
implementing the ERA and for response and oversight
costs which have been incurred by the government and
which may be incurred in the future. McDonald agrees
to indemnify and hold rOOT harmless for such costs.
K) Payment for the amount due under paragraph 4(C)
shall be made within 60 days after issuance by the
United States Environmental Protection Agency of an
interim letter of satisfaction stating that the
construction of the clay cap and two foot soil layer
is completed in accordance with the ERA.
L) Payment for the amount due under paragraph 4(0)
shall be made within 60 days af~er issuance by the
United States Environmental Protection Agency of an
interim letter stating that the vegetative cover is
established in accordance with EPA.
M) Payment for the amount due under paragraph 4(E)
shall be made within 60 days after rDOT sends notice to
McDonald that the construction of the special drainage
features is completed.
.
5. McDonald understands that the construction of U.S.
Highway 61/151 in Dubuque, of which this segment is a part, is
being funded in part by federal highway funds. McDonald agrees
that the work performed under this agreement and under the
Consent Order must be reviewed with the federal highway admini-
stration to ensure that the fill in the highway footprin~ will
support highway construction so that rOOT will obtain reimburse-
ment for funds expended by rDOT under this Agreement and avoid
jeopardizing federal participation in the whole highway project.
6. The parties specifically leave unresolved responsibility
for future remedial actions not covered by the Consent Order or
this agreement, and the concomitant responsibility for response
and oversight costs incurred in the future by the government for
. such remedial actions.
'.'
.
.
.
-4-
7. McDonald understands that the construction of the clay cap
and the overlying soil layer must be compatible with the intended
highway construction by IDOT. The parties have cooperated and will
continue to cooperate in good faith to the end that McDonald's work
on the site will be in accordance with the ERA and compatible with
the subsequent highway project. Each party further understands
that they may. from time to time inspect the site and the work of
the other party to determine that the other's work is not adversely
affecting the inspecting party's project.
8. Subject to the Consent Order and the foregoing provisions
of this Agreement, IDO~ releases and forever discharges McDonald
and its subsidiaries, from liability for all claims, demands or
causes of action which IDOT may now have against McDonald arising
out of the sale or the condition at the time of sale of the
McDonald property.
9. This writing is intended to be the sole statement of
agreement between the parties. The terms of the agreement may
not be amended, modified or waived except in a subsequent writing
executed by the parties.
Dated this 22- day of September, 1987.
A.Y. McDona1d Industries,
Inc., by:
Iowa Departaent of
Transportation by:
d
'.,_-c.,,~~
-Robert L ~mphrey ?
Director,/Highwa~vision
~J "-..' 9-_ O-fl
R.D. McDonald t--
Senior Vice President
A. Y. Industries, Inc.
Chairman of the Board
and President
A. Y. McDonald Mfg. Inc.
. Krogmeier
1 oun3el and Special
Assistant Attorney General
",
t.',
.
.
.
. .
So(bM rrreo V; 'I
Lo t.r;'F> f t-\fe .;- [ ~ 100
UNITED STATES jJtVTRONM~NTAT PROTECTION
REGION VII
726. MINNESOTA AVENUE
KANSAS CITY, KANSAS 66101
IN THE MATTER OF
)
)
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)
)
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)
)
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)
)
)
)
Docket No. 87-F-0013
A. Y. McDonald Industries, Inc.,
Dubuque, Iowa and
Iowa DeDartment of Transportation,
Ames, Iowa,
Respondents, and
Old A. Y. HcDonald Foundry
12th and Pine Streets
Dubuque, Iowa.
Proceedings under Section 106
of the ComDrehensive Environmental
Response~ tornpensation, and
Liabilitv Act of 1980, as amended,
. ~
42 U.S.C. s 9606.
CONSENT ORDER
This Consent Order is issued by the United States
Environmental Protection ~gency, Region VII (EPA), to A.Y.
McDonald Industries, Inc., Dubuque, Iowa (McDonald), and the
Iowa Department of Transportation, Ames, Iowa (lOOT) (Respon-
dents). EPA and Respondents have each agreed to the making
and entry af this Consent Order.
I. Ju~ISDICTION
A. This Consent Order is issued pursuant to the autho-
rity vested in the President of the United States by Section 106
of the Comprehensive Environmental Response, Compensation, and
.
.
.
- 2 -
Liability Act of 1980, 42 U.S.C. S 9601 et ~., as amended by
the Superfund Amendments and Reauthorization Act of 1986, Pub.L.
99-499, (CERCLA) and delegated to the Administrator of EPA by
Executive Order 12580 dated January 29, 1987, 52 Federal Register
2923 (1987) and further delegated to the Assistant Administrator
for Solid Waste and Emergency Response and the Regional Adminis-
trators by E.P.A. Delegation No. 14-14-C on April 16, 1984.
Pursuant to these authorities, EPA and ~cDonald and IDOT enter
into this Consent Order which, as set out herein, provides for
access to and responses at the facil~ty located at 12th and
Pine Streets, Dubuque, Iowa 52001 (the "Facility").
B. Respondents agree not to contest in an action to
enforce the terms of this Consent Order, the authority or juris-
diction of EPA to issue this Consent Order or the existence of
the statutory prerequisites for the issuance of this Consent
Order. However, Respondents do not admit any of the factual
or legal determinations made by EPA in this Order and reserve
any rights and defenses which they may have regarding the
liability or responsibility in any subsequent proceedings
regarding the Facility.
"II. NOTICE OF ACTION
A. EPA has notified the Federal Natural Resources
trustee of this action pursuant to the requirements of Section
122(j) of CEReLA.
B. EPA has notified the State of Iowa of this action
pursuant to the requirements of Section 121(f) of CERCLA.
"
.
- 3 -
III.
PARTIES BOUND
ThlS Consent Order shall apply to and be binding upon:
A. EPA, acting through the Regional Administrator
of EPA, Region VII, pursuant to Sections 106 of CERCLA,
42 U.S.C. S 9605.
B. A.Y. McDonald Industries, Inc., and its successors.
C. The Iowa Department of Transportation, acting for
and as agent of the State of Iowa.
IV. STATEMENT OF PURPOSE
In entering into this Consent Order, the mutual
objective of EPA and Respondents is to implement the Expedited
. Response Action (ERA).
V. EPA'S FINDINGS
A. Respondent A.Y. McDonald Industries, Inc.
(McDonald), is an Iowa corporation in good standing. The Regis-
tered Agent for A.Y. McDonald Industries, Inc. is: J. Bruce
McDonald, 4BOO Chavenelle Road, Dubuque, Iowa 52001. Respondent
McDonald was formerly named A.Y. McDonald Mfg., Inc.
B. Respondent Iowa Department of Transportation
(IDOT) is an agency of the State of Iowa created by Iowa Code
section 307.2, discharging various responsibilities under
~
Title XIII, Iowa Code and is authorized under Iowa Code Sections
307.10 and 307A.2 to undertake the activities ordered herein.
. The Director of the Highway Division, Department of Transporta-
tion, is: Robert Humphrey, BOO Lincoln Way, Ames, Iowa 50010.
.
- 4 -
C. The old A.Y. McDonald foundry (Facility) is
located at l~th and pine ~treets, Dubuque, Iowa 52001.
D. McDonald owned and/or operated an iron foundry at
the Facility from 1895 to 1951. McDonald owned and operated a
brass foundry at the Facility from 1949 through 1983.
E. McDonald entered into an agreement with IDOT
whereby IDOT purchased the Facility for part of a federally
funded interstate highway. IDOT purchased the property on
July 29, 1982, and then by written lease dated July 29, 1982,
leased the premises to Respondent McDonald until November I,
1983, at which time Respondent McDonald ceased operations
there and reliquished possession to Respondent lDOT.
F. During the operation of the foundry, solid waste
from brass foundry operations was deposited at the Facility.
EPA and McDonald analyzed samples of solid materials from the
eastern portion of the Facility and in some samples have detected
lead concentrations exhibitive of the characteristic hazardous
waste identified and defined pursuant to Section 3001 of the
Solid Waste Disposal Act, 42 D.S.C. 6921 (1984), at 40 CFR
261.24 and specified therein as 0008.
G. EPA, McDonald and lDOT have analyzed samples
of solid materials from the eastern portion of the Facility and in
some samples have detected lead in total metal concentrations
substantially greater than naturally occurring concentrations.
H. The Facility is located in an urban/industrial/
commercial/residential section of DUbuque, Iowa.
.
.
.
.
.
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I. The Facility.is a 16.3 acre tract of land
bounded by 14th Street on the north, Pine Street on the west,
a stormwater retention basin on the east, and 12th Street on
the south. Surface water drains from the Facility to the
north to a surface water drainageway which flows to the storm-
water retention basin. The hydrogeologic setting of the
facility is such that releases from the Facility could enter
the stormwater retention basin and could ultimately enter the
Mississippi River. Surficial soils consist of natural soils
and foundry wastes, including, but not limited to, molding
sands, core sands, air pollution control system wastes (dusts),
construction demolition debris, and scrap iron. Natural soils
in the vicinity of the Facility consist of alluvial sands,
silts, and clays. At one location a~ the Facility the uppermost
bedrock formation has been identified to be at a depth of
about forty feet (40') below ground surface. Depth to bedrock
at other locations has not been identified. Shallow groundwater
is about 10 feet (10') below ground surface.
J. Releases to the environment from the facility
may occur. Lead can, under certain conditions, be mobilized
and move downward to shallow groundwater beneath the Facility.
Surface water runoff could carry materials containing lead
along the runoff route and deposit it along that route or in
the stormwater retention basin. Materials containing lead
can become windborne and leave the Facility.
K. The primary water supply for the City of Dubuque
is drawn from the alluvial aquifer at points 7,200 feet upgradient
.
.
.
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from the Facility. Additional water supply is available from
a bedrock aquifer also at a point 7,200 feet upgradient from the
Facility.
L. Lead is toxic to man and animals via oral, dermal
or respiratory routes of exposure. Lead is slightly to moderately
soluble in water. Metallic lead is known to adversely affect
hematopoietic systems, central and peripheral nervous systems,
and kidneys in animals and humans. Waste materials on-site
have been analyzed to contain total lead at levels as high as
8,200 ppm.
VI. EPA's DETER~INATIONS
A. The old A.Y. 11cDonald Foundry site is a "Facility"
as defined in Section 101(9) of CERCLA, 42 U.S.C. 9601(a).
B. Respondents are each a "person" as defined in
,
Section 101(21) of CERCLA, 42 U.S.C. 9601(21).
C. The lead detected in the solid materials described
in paragraph V.F "is a "hazardous substance" as defined in
Section 101(14) of CERCLA, 42 U.S.C. 9601(14).
D. The old A.Y. McDonald Foundry facility was used
for disposal of a "hazardous substance" as defined in Section
101(14) of CERCLA, 42 U.S.C. 9601(14).
E. The potential for past or pr~sent migration of
lead at the Facility constitutes a threatened "release" as
defined in Section 101(22) of CERCLA, 42 U.S.C. 9601(22).
F. McDonald at the time of disposal "owned or operated"
the Facility as defined by Section 101(20) of CERCLA, 42 U.S.C.
9601(20).
.
- 7 -
G. IDOT is the current "owner" of the Facility, as
defined by Sec-tion 101(20) of CERCLA, 42 U.S.C. 9601 (20).
H. The Regional Administrator of EPA Region VII
has determined that the presence of a hazardous substance, as
described in this Consent Order, and the threat of release of
such hazardous substance into the environment, may present an
imminent and substantial endangerment to the public health or
welfare or the environment. The Regional Administrator has
determined that the threat of release of such hazardous sub-
stance from the Facility, should be responded to in a manner
that is consistent with the ~ational Contingency Plan, 40
C.F.R. Part 300 (NCP). The Regional Administrator has further
. determined that the following response measures specified in
the Expedited Response Action are necessary and sufficient to
protect public health and welfare and the environment and are
consistent with the NCP.
VII. EXPEDITED RESPONSE ACTION (ERA)
A. Implementation of the ERA will fulfill the
following objectives: assessment of and response to the facility
conditions; prevention or minimization of the potential for
release of hazardous substances so that they do not migrate to
cause substantial danger to present or future health, welfare,
or the environment; determination of the extent of on-site and
off-site migration of lead; assessment of the endangerment
. posed by any release of hazardous substances from the facility;
.
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and .esponse to off-site mig.ation. These objectives ~ill be
accomplished by the implementation of the Expedited Response
Action (ERA) p.e2a.ed by ATEC Associates, Inc. (ArEC), as f~cthe.
modified by ATEC and app.oved by EPA and ag.eed to by Respondents
to incl~de the follo~ing components:
1) Const.~ction of a "cap" ovec a specific po.tion
.
of the site in acco.dance with p.ovisions of pa.agcaph 5, below.
2) An expanded g.o~nd watec monico.ing syste~ in
acco.dance with p.ovisions of pa.ag.aph C, below; and
3) A Post-Clos~.e ~onito.ing Plan in acco.dance with
p.ovision of pa.ag.aph 0, below.
The com~onants listed abova shall be cond~cted in acco.-
dance with clos~.a o.ovisions of 40 C.F.R. 265 S~bDa.ts F and G.
. .
Unless othe.wise specifically di.acted to anothar ~arty, all
activities .eq~ired by this Consent O.de. shall be cond~cted by
Respondent McDonald.
5. Pu.s~ant to the timely implementation of this
ERA, the following specific info=~ation .ega.ding the cap m~st
be p.ovided to EPA by Respondent McDonald within the sched~le
set fo.th in pa.ag.aph F:
1) Detailed plans and specifications fo. the con-
st.~ction of the cap. These doc~ments m~st be const.uction
doc~ments s~fficient fo. bidding p~.poses, and shall oe app.oved
by EPA p.io. to fo.~al .equest fo. bids.
. 2) Specific details to be de~icted in the detailed
plans and specifications fo. cap design anj const.uction must
include, but a.e not be limited to the folla~in,:
.
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(a) T~o feet of uniform compacted clay, free of
organic matter .ith ~a~imum particle or aggregate size less than
3-inches and in place density greater than 9S pounds per cubic foot,
compacted to no less than 9S percent standard proctor density
~ith moisture content ~ithin a range of minus 0 and to plus S
percent of optimum.
.
- 10 -
can be achieved by recontouring existing on-site materials.
When necessary, designed drop str~ctures or oth~r runoff
control mechanisms should be employed to protect the integrity
to the cap.
.
(e) 5p~cific details must depict the relation-
ship and impact of the constructed cap on adjacent property,
including the stormwater retention basin. Details shall include
construction procedures in the vicinity of the retention basin
and must provide protection of the cap and site from rising and
falling water experienced by the stor~water retention basin.
(f) Additional const=~c:ion considerations and
requirements that shall apply to this cap are contained in
Attachment B which is incorporated into this Order by this
reference.
.
3) Respondent ~cDonald has conducted a sampling
and analyses program for surface soils on the western portion
of the Facility and those soils adjacent to the Facility to
define the boundaries of the cap. All soils/wastes which
exhibit greater than 5.0 mg/kg EP toxicity (lead) or 500
mg/kg of total lead must be removed or covered by the cap.
5ample results are found in Attachment A. Areas designated
by sampling locations 55-1, 55-2, 55-3, and 55-4, are to be
covered by the cap. The areas designated by samplin3 locations
(200,200), (300,200), and (500,200) will be excavated to a
depth of one (1) foot dnd placed beneath the cap. The areas
designated by sampling loc~tions (300,100), (400,0) and
.
.
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(600,400) will be excavated to a depth of three (3) feet and
placed beneath the cap. The areas designated by (300,100),
(400,0), and (600,400) will then be covered by a minimum of
three (3) feet of clean fill.
4) Design and construction documents shall include
complete illustrations of the interface with the proposed high-
way constr~ction details and specification. Critical components
of the interface details include protection of the clay cap
during highway constr~ction activities, integration of drainage,
side-slope and vegetative components of both the cap and the
highway, and prot~ction and effectiveness of the cap within
the "footprint" of the highway while awaiting highway construc-
tion activities. A specific plan for monito~ing cap in~egrity
during highway construction activities must be included.
5) Upon completion of cap constr~ction, Respondent
McDonald will submit a Response Action Report (RAR). The ~AR
will consist of a construction summary, summary of approved
variances from plans and specifications, a schedule (if avail-
able) of highway construction activities and work necessary to
complete the response action after highway construction, and a
ce~tification of completion of planned response action activities
consistent with this Consent O~der and the approved plans and
specifications for construction. Any impacts on the effective-
ness of the response action as a result of variances in constrJC-
tion fro~ the approved plans and specifications mus~ be disc~ssed.
The RAR shall also contain "as built" drawings of the response
. - 12 -
~ction, including contours and cross-sections of the clay and
- -
vegetative portions of the cap. The KAR will also include a
revised Endanger~ent Assessment to estimate the ~otential for
danger to public health ~nd the environment follo~ing imple~en-
tation of the response ~ction.
6) A Healtn and Safety Plan (HSP) must be developed
and implemented for activities conducted at the Facility under
the provisions of this Consent Order. The HSP will specify
precautions, provisions, and contingencies that will govern
work at this Facility under this Consent Order in the event of
sickness or injury, and that will be e~ployed to protect worker
.
and pUDlic health ~nd the environ~ent during response action
~ctivities. Environmental monitoring will be required while
conducting all activities at the Facility under this Consent
Order, and will include, at ~ minimum, air monitoring for off-
site migration of dusts and particulates during construction
activities, and monitoring of dusts and particulates in breathing
zones on-site during any site activities. Action levels shall
be established requiring specific responses to protect worker
and public health and the environment if these action levels
are elCceeded.
c. Prior to September 30, 1987 the ground water
monitoring system shall be elCpanded to provide additional
monitoring capability and to further ascertain site hydrologic
.
characteristics. Expansion of the ground water system shall
be achieved in the follOwing manner:
.
- 13 -
1)
Respondent ~cDonald shall install t.o additional
monitoring wells and eight piezometers in the approximate loca-
tions and in ~eneral accordance ~ith the specifications provided
in Attachment C which is incorporated into this Consent Order
by this reference. Locations and elevations ara indicated in
the attached site hydrogeologic information. These locations
and elevations may be revised upon consent between EPA and
Respondent ~cDonald based upon actual findings in the field at
the time of installation.
2) EPA will install t~o verification ground ~ater
monitoring wells adjacent to two of the Respondent ~cDonald's
.
~ells at the Facility. EPA will give Respondents five (5) day
notice of sampling of verification .ells and allow Respondents
to obtain split samples. These verification ~ells will De
. .
installed at the locations and in general accordance with the
specifications provided in Attachment C to this Consent Order.
The objective of the verification wells is to evaluate the
integrity to the existing monitoring well syste~s. Respondent
McDonald shall coordinate two (2) sampling events for the veri-
fication wells to evaluate the integrity of the existing moni-
toring systems. Should a difference of two standard deviations
for lead be detected bet~een samples from the two ve=ification
wells, Respondent McDonald shall devise a program to assess
the existing monitoring syste~. Such program would include, but
. not be limited to, a pump test or a slug test to better define
the characteristics of the aquifer. The evaluation will be
incorporated into the post-closure monitoring pro&ra~.
.
.
.
- 14 -
3) Water level readings shall be taken bi-~eekly from
the existing monitoring ~ells and the storm~ater retention basin.
~ater levels for the Mississippi River shall be obtained from
the U.S. Corps of Engineers' nearest facility which routinely
records such levels. when the components of tae expanded moni-
toring syste~ are completed, ~ater levels shall be recorded
from those sources, also. ~ater level readings shall begin
upon installation and shall continue until Respondent McDonald
and SPA concur they are no longer necessary; however, no less
than eight consec~tive bi-~eekly data shall be collected.
Precipitation at the Facility snaIL also be recorded on a
bi-~eekly basis during the ~ater level mo~itoring period.
4) Ground ~ater ~onit~ring will be conducted in
accordance with the ~rovisions of the Post-Closure Monitoring
Plan, as described in paragraph D below. In the event conta~i-
nation of the ground water is a result of contaminants at the
Facility, EPA reserves the right to require Repondent McDonald
to assess such co6tamination, and develop and implement appro-
priate response actions for such contamination.
S) Respondent McDonald shall prepare and submit a
Ground ~ater Investigation Report in accordance with the
schedule set forth in paragraph F of this Consent Order.
D. A Post-Closure Monit~ring Plan (PCMP) snaIL be
developed by Res~ondent McDonald to govern post-closure opera-
tion, monitoring, and maintenance activities following comple-
tion oE response action ~ctivities set Eorth in paragraph B
.
- 15 -
and C above.
Components of the PC~P shall include, but not be
limited to, the foLlo....ing:
1) Activities and operations described in th~ PC~P
----
....ill bp. conducted for a period of 30 y~ars ~nless other~ise
modified by EPA p~r 40 C.F.R. 265.ll8(g) or by regulatory
amendmen t.
2) The Ground \Jater In\Testigation Report shall include,
but not be limited to, a comparison and su~mary of ground ....ater
samplin~ and analyses data, the relevence of such data to appli-
cable or relevant and appropriate regulations, trends in ....ater
q~ality, and findings ~ith respect to ~round ~ater flo~ direction
.
and rate.
3) Details and scnedules describing operation and
maintenance activities to be conducted to maintain integrity
of the clay cap and vegetativ~ cover.
4) Procedures for repair and/or replacement of
areas of observed damage'of the cap by erosion, flooding,
construction and/or maintenance activic.o5 i1nd other possible
sources of damage.
S) Ground water monitoring program. This program
shall include, but not be limited to, sampling procedures,
schedules, parameters for analyses, analytical procedures,
and a compliance monitoring plan in accordance ....ith 40 C.F.R.
254.99 in the e\Tent significant levels of contaminants from
. the Faci l i ty a re de cec ced by the de tee cion moni to ring sys telD
performed in accordance ....ith 40 C.F.R. 264.98. An oucline of
.
.
.
"
- 16 -
a co..ective action plan as desc.ibed by 40 C.F.R. 26~.100
~ust also be included in the event contamination of the g.ound
water from the Facility is confirmed. "Significant," in this
case, shall be defined by the RCRA regulations found at 40
C.F.R. 264.97(h). This ~.ound ~ater monito.ing p.ogram snaIL
be conducted in gene.al acco.dance wit~ p.o~isions oE ~O C.F.R.
264, Subpart F.
6) The Post-Closu.e Monito.ing Plan shall contain
elements described and conducted in accordance with RCRA post-
cLosu.e ~onito.ing .equi.ements et 40 C.F.R. 264.115, 26~.117
(a)-(d), 25~.119, and 264.120, p.ovided howeve., that .eEe.ences
to a post-closure pe.~it shall not be applicable.
7) roe PC~P will set Eo.th the responsibilities of
the Respondents during Post-Closu.e ~onitoring pe.iod. Respon-
.
dent IDOT shall be .esponsible fo. such ope.ation and maintenance
activities as a.e requi.ed by its met.o mowing p.o~.am and shall
report to Respondent McDonald any a.eas of erosion or p.oblem
vegetation obse.ved du.ing those activities.
E. Respondent IDOT shall give the administ.ative
notices requi.ed by 40 C.F.R. 265.115 and 265.119. Respondent
McDonald will upon request p.ovide ID~T with information avail-
able to them to enable ID:H to give the administrative notices.
F. The .esponse action desc.ibed above shall be
imple~ented in ~cco.dance with t~e foLLowin~ schedule:
1) Detailed design plans and specifications (DDSP)
Shall be submitted within 30 days of the effective date of
~ - 17 -
this Consent Order. These plans shall include the Health and
Safety Plan for activities under this response action.
2) Contracts for con~truction of the response action
as described in this Consent Order shall be co~pletej within
60 days of the effective date of this Order.
3) ~ater level readings as described in paragraph C
of this Consent Order shall begin after the cap is installed
and shall continue for not less than eight consecutive bi-
weekly readings. Precipitation at the site must also be recorded
~
in accordance with this SChedule.
~
4) Additional ~rounj water ~onitoring wells and
piezometers as described by paragraph C of this Consent Order
shall be installed prior to Septe~ber 30, 1937.
5) Ground water sampling of the ATEC monitoring well
syste~ shall continue to be conducted quarterly, in accordance
with the current schedule established by Respondent McDonald.
Analyses for the initial-samples from the additional monitoring
wells shall be for those parameters normally reported by the
existing ground water monitoring program.
6) Public participation activities shall be defined
and conducted by EP~ and resPQndents, in accordance with
provisions of the Superfund Amendments and Reauthorization
Act (SARA) of 1986, and 40 C.F.R. 265, Subpart G and shall be
completed in sufficient time to allow necessary changes to
~ response actions plans and specifications.
.
.
- 18 -
7) Because of erosion control or seeding activities,
construction of the response action, in accordance with para3raph
B of this order, must be completed within 135 days of the
effective date of this Consent Order provided that this time
period ends on or before September 15, 1987, otner~ise it must
be completed before June 15, 1988.
8) The Post-Closure Monitoring Plan, in accordance
with paragraph D of this Consent Order, must be completed within
135 days of the effective date of this Consent Order. A draft of
this document must be submitted to SPA for review and comments
wit~in 90 days of the effective date oc this Consent Order.
9) A Response Action Report, as described in para-
graph 8 of this Consent Order, must be completed and submitted to
EPA within 30 days of completion of constru~tion acitivites.
10) A Ground Water rnvesti~ation Report, as described
in paragraph C of this Consent Order, shall be prepared and sub-
mitted within 30 days after all water level readings are obtained.
.
VIII. ACCESS
A. Respondent rOOT shall grant unfettered access to
the Facility to Respondent McDonald for the purpose of implementing
the ERA and complying with this Consent Order.
B. To the extent that areas other than the Facility
where activities are to be pecfocmed are pcesently owned by
persons other than the Respondents, Respondents ~ill use reason-
able effocts to identify owners of such other aceas and to
.
- 19 -
obtain access agreements.
In the event that such access
agreements are not obtained, Respondents shall so notify EPA.
EPA shall then, as appropriate, use its best efforts to seek
access for Respondent ~cDonald. In the event access is not
obtained, Respondent McDonald would be relieved of responsibility
to conduct activities on that property.
IX. FACILITY AND INFORMATION ACCESS: CONFIDENTIALITY
Respondent IDOr shall provide access and Respondent
McDonald shall not prohibit access to the Facility to EPA
employees and to EPA contractors and shall per~it such persons
to be prese~t and move freely in the area .here ~ny work is
.
being conducted at all times when .ork is being conducted pur-
suant to this Consent Order. Any EPA employees and EPA con-
tractors at the Facility while work is being conducted shall
.-
abide by the EPA-approved health and safety plan governing the
Facility. Respondents shall provide EPA, upon request with
copies of all charts, maps, letter, memoranda, invoices, ship-
ping manifests and other non-privileged records and documents
relating to the ERA or its implementation hereunder. Any
information requested pursuant to this Order must be provided,
notwithstanding its possible characterization as Confidential
Business Information (CBI). Respondents may, if they desire,
assert a business confidentiality claim covering part or all
of the information submitted to, or re~iewed by, EPA. Sucn a
. clailu may be made by placing on (or attaching to) the infor::la-
tion, at the ti,ue of its submittal to, or review by, EPA, a
.
- 20 -
cover sheet, stamped or printed legend, or other suitable for~
of notice employing language such as "trade secret," "proprie-
tary," or "company confidential." Allegedly confidential
portions of other~ise non-confidential documents should be
clearly identified and may be submitted separately to facilitate
identification and handling by EPA. If confidential treatment
is sought only until a certain date or until the occurrence
of a certain event, the request should so state. Information
submitted for which a claim of confidentiality is made will
be disclosed by EPA only to the extent and by the means autho-
.
rized by the procedures specified in 40 C.F.R. Part 2, Subpart
B (1986). If no such claim is made when infor~ation is received
by EPA, the information may be made available to the puoiic
without further notice.
t
X. S~~PLE SPLITTING
The Respondents shall notify EPA at least five (5)
business days in advance of any sample collection activity and
provide duplicate samples to EPA of any samples collected by
Respondents upon request. If EPA takes samples, it shall
notify Respondents at least five (5) business days in advance
and provide split or duplicate samples to Respondents of any
samples collected by EPA upon request. Soil samples obtained
.
by Respondents or their contractors can be disposed of after
sixty (60) days of collection unless EPA requests possession of
such samples.
. - 21 -
XI. EXCHANGE OF INFORMATION
A.- Whenever under the terms of this Order, notice
is required to be given by one party to another, it shall be
directed to the individuals at the addresses specified below,
unless those individuals or their successors give notice in
writing to the parties of another individual designed to receive
such communication:
Nancy J. Johnson
Superfund Branch
U.S. EPA, Region VII
726 Minnesota Avenue
Kansas City, Kansas 66101
Robert D. McDonald
Senior Vice President
A.Y. McDonald Industries, Inc.
4800 Chavenelle Road
Dubuque, Iowa 52001
.
Jerry Bergren
Assistant Materials Engineer
Highway Division
Iowa Department of Transportation
Ames, Iowa 50010
B. Routine communications concerning the ERA or any
aspects of this Consent Order may b~ exchanged by phone between
the parties to facilitate the ERA, but no verbal communication
shall in any way alter or amend the provisions of this Consent
Order.
XII. COMPLIANCE WITH APPLICABLE STATUTES
All actions undertaken pursuant to this Order by
Respondents or their duly authorized representatives shall be
performed in compliance with all applicable federal and state
laws and regulations, including all Occupational Safety and
.
Health Administration regulations.
.
- 22 -
XIII.
PENALTIES FOR NON-COMPLIANCE
Respondents are h~reby advised that:
A. Pursuant to Section 106(b) of CERCLA, 42 U.S.C.
9606, any person who, without sufficient cause, willfully
violates or fails or refuses to comply with this Consent Order
may be fined not more than $25,000 for each day in which such
violations occurs or such failure to comply continues; and
--
B. Pursuant to Section I07(c)(3) of CERCL~, any
person who is liabl~ for a release or threat of release of a
hazardous substance and who fails without sufficient cause to
properly provide the actions specified in this Consent Order
.
may be liable to the United States for punitive dama~es in an
amount at least equal to and not ~ore than three times the
amount of any costs incurred by the govern~ent as a result of
such failure to take proper action.
I
XIV. a.MENDMENTS
The par,ties hereto may by mutual agreement modify
this Consent Order, only if such modification is in writing
and executed by representatives of each party. Amendments
shell be effactive when fully executed or as otherwise provided
in the a,oendlllen t. _
xv. LIAB ILITY
~either the United States Government nor any agent
. thereoE shall be liable for any injuries or damage to persons
or property resulting froill acts or omissions of Respondents,
.
- 23 -
their officers, directors, employees, agents, servants, recei~ers,
trustees, successors, or assigns, or of any persons, including
but not limited to firms, corporations, subsidiaries, contractors
or consultants, in carrying out acti~ities pursuant to this
Consent Order, nor shall the United States Go~ernment or any
agency thereof be held out as a party of any contract entered
into by either Respondent in carrying out acti~ities pursuant
to this Consent Order.
XVI. FORCE ~~JEURE
Respondents' 3cti~ities under this Consent Order
shall be per~ormed wit~in the time limits est3blisned in the
.
ERA unless performance is excused or delayed by events which
constitute a force maje~.
For purposes of this Consept Order, a force majeure
e~ent is an e~ent arising from causes beyond Respondents'
reasonable control ~hich delays the performance of the ERA,
- .
and shall include~ but not be limited to, EPA's delay in
re~iewing reports or submittals aod applications necessary for
conduct of the ERA, acd delays resulting from stoppage or
modification of tne work due to dangers to persons or property
unanticipated and unattributable to Respondents.
Respondents shall notify EPA orally as soon as possible
but no later than two (2) business days after Respondents knew
.
or shOuld have knOwn of any delay or anticipated delay in
compliance with ths requirements of this Consent Order, and in
.
- 24 -
writing no later than five (5) business days after the oral
notification of the delay. The written notice shall describe
fully the nature of the delay, whether and why the delay is
beyond the control of the Respondents, the actions taken and/or
that will be taken to mitigate, prevent and/or mini~ize further
delay, and the anticipated length of the delay. The Respondents
shall adopt all reasonable ~easures to avoid or minimize any
such delay.
Delays that result from a force maieure event shall
not be a violation of their obligations under this Conse~t
Order. To tne extent a delay is caused by circumstances
.
beyond the control of the Respondents, the schedule affected
by the delay shall be extended for a period equal to tne
delay resulting from such circumstances.
,
In the eVent that EPA and the Respondents cannot
agree that any delay in compliance with schedules in the ERA
has been or will be caused by circumstances beyond the control
of the Respondents, the dispute shall be resolved in accordance
with the provisions of Section XVII of this Consent Order.
XVII. DISPUTE RESOLUTIO~
If Respondents disagree with any EPA written objection
or other decision made pursuant to this Consent Order, Respon-
dents shall notify EPA in writing witnin fourteen (14) days of
receipt of the objection or decision. The parties shall have
. an additional fourteen (14) days froln receipt by EPA of Respon-
dents written notification to reach agreement. :f airBement
.
- 25 -
cannot be reached on any issue within the fourteen (14) day
-
period or within such time as mutually agreed upon, EPA may
consider the Respondents in violation of this Order. EPA
reserves the right to take any action authorized by law, speci-
fically including those actions authorized by 93 104, 106, 107
and 122 of CERCLA, and Respondents reserve the right to contest
such action.
XVIII. 0SE OF CONSENT ORDER
Entry into this Consent Order shall not constitute
an admission, adjudication, or waiver of any rignt or derense
of Respondents with respect to any past, present, or future
. alleged liability for conditions at or near the facility; or
of any fact or conclusion of law arising out of any past,
present, or future alleged liability. for conditions at or
near the facility; or evidence of any wrongdoing or misconduct
or liability to any pers~n on the part of Respondents, tneir
officers, directors, agents, servants, employees, successors,
contractors and assigns, and any persons, firms, subsidiaries,
parents, affiliates, divisions and corporations acting under
or for either of the~. Nothing in this Consent Order shall
constitute an-admission by Respondents of any determinations
and representations of fact or conclusions of law contained
herein. This Consent Order shall be evidence only of the
agreements contained herein; however, nothing in this Consent
. Order shall prohibit its use to establish its existence and
.
.
.
- 26 -
terms. This Cons~nt Order and the Respondents' performance
hereunder shall not create any private rights.
XIX. ENFORCEMENT AND RESERVATION OF RIGHTS
A. Subject to the provisions of this Consent Order,
EPA and Respond~nts reserve all rights and defenses that they
may have pursuant to any availaole legal authority.
B. Nothing herein shall waive the right of the U.S.
EPA to enforce thi$ Consent Order, or to take action pursuant
to Section 104, 106(a) and 107 and 122 of CERCLA. The EPA
reserves the right to take any enforce~ent action pursuant to
CERCLA and/or available legal authority including the right to
seek injunctive relief, monetary penalties, and punitive damages.
In addition, the U.S. EPA reserve$ the right to undertake any
removal, remedial and/or response a~tions relating to the
facility not covered by this Consent Order, and to seek recovery
from the Respondents for any costs incurred in undertaking
such actions.
C. Nothing herein is intended to release, discharge,
or in any way affect any claims, causes of action or demands
in law or equity whiCh the parties have against any person,
firm, partnership, or corporation not a party to this Consent
Order for any liability it may have arising out of, or relating
in any way to, the generation, storage, treatment, handling,
transportation, release or disposal oE any materials, hazardou$
substances, hazardous wastes, contaminants, or pollutants at,
~ - 27 -
to, or from the facility. The parties to this Consent Order
expressly reserve all rights, claims, demands, and causes of
action they have against any and all other persons and entities
who are not parties to this Consent Order, and as to each other
for matters not covered hereby.
D. E?A recognizes that the Respondents ~ay have
the right to seek contribution, indemnity, and/or any other
available remedy against any person found to be responsible
or liable for contribution, indemnity, or otherwise for any
amounts _hich have been or will be ~xpended by the Respondents
in connection with the facility.
.
E. Nothing herein shall be constr~ed to release
Respondents from any liability for failure of the Respondents
to perform the ERA. Upon receipt of written letters of
satisfaction as provided in Section ~XII of this Consent Order,
Respondents shall have no further obligations under this
Consent Order.
F. Nothing herein is intened to be a release or
settlement of any claim for personal injury or property damage
by any person not a party to this Consent Order.
G. Nothing in this Consent Order is intended by
,~
~~
the parties to be an admission of law or fact by Respondents.
XX. INDE~NIFICATION OF THE UNITED STATES
A. Respondents agree to indemnify and save and
. hold harmless tne United St3tes Government, their agencies,
.
- 28 -
.
departments, agents, and employees, harmless from any and all
claims or causes of action ari3ing from, or on account of,
acts or omissions of Respondents, their officers, employees,
receivers, trustees, agents, or assigns, in carrying out the
activities pursuant to this Consent Order.
B. EPA is not a party in any contract entered into
by Respondents in carrying out their responsibilities under
this Consent Order and shall not be held liable under, or as
a party to, any contract entered into by Respondents.
C. Respondents, by this a5reement, do not assume
any liability arising from the acts or omissions of EPA or its
agencies, departments, agents and employees during the course
of any activities conducted pursuant to this Consent Order.
XXI. COVENANr NO~ TO SUE
From the effective date of this Consent Order, for
as long as the terms herein are complied with, and upon satis-
factory completion,of the ERA, EPA covenants not to sue or
take administrative actions against Respondents for the matters
covered by this Consent Order with the exception of costs
incurred by the government for response and oversight at this
Facili ty.
XXII. TERMINATION AND SATISFACTION
A. Respondent McDonald may a?ply to EPA Region VII for
. issuance of a "letter of satisfaction" followins the completion
of the Response Action Report and the Ground Water Investigation
.
- 29 -
Report. The letter of satisfaction shall be executed by EPA and
shall certify that Respondent McDonald has fully completed the
requirements of certain requirements of this Consent Order.
B. Follo~ing Respondents' completion of all elements
of the ERA, Respondents may apply to EPA Region VII for issuance
of a "letter of satisfaction." The letter of satisfaction shall
be executed by EPA and shall certify that Respondents have
fully completed the requiraments of this Consent Order. The
provisions of this Consent Order ~ill be deemed satisfied upon
issuance of letter of satisfaction for all elements of the ERA.
XXIII. EFFECTIVE DATE
.
rhis Consent Order shall be effective upon raceipt
by Respondents' re?resentatives identified in Section XI of
this Consent Order of a fully excuted copy of this Consent Order.
HAVING FULLY REVIEWED the foregoing paragraphs, the
United States Environmental Protection Agency, A.Y. ~cDonald
Industries, Inc., and the Iowa Department of Transportation
do heraby consent to the provisions of this Consent Order.
. -:-V{I g 7-
lJate
~~NA~'~~
for Respondent McDonald
.. P'~"Z- /i' '1
~~-'
~<n".oo.~~
esponden t IDOT
.
,
.
- 30 -
<?II:?! 8'7
Date
2'- /4-- 1f7
.d. ({).
,E B. WERHOLTZ
or United States Envir mental
Protection Agency, Region VII
Date
IT IS SO ORDERED.
.
'(;-/7'- 9:7
Date
/}n~/~r-
/MORRIS /KAY
United States Environmental
Protection Agency, Region VII
4t
MAY 16, 1988
FltE +5-3076
.
POST CLOSURE MONITORING PLAN
FORMER A. Y. McDONALD FOUNDRY SITE
DUBUQUE, IOWA
.
PREPARED FOR
McDERMOTT, WILL & EMERY
111 W. MONROE STREET
CHICAGO, ILUNOIS
.
5~b.",:Hv i5y
L61-6--~ t=6.p ~ r;/S/co
ATEC
W
MAY 18, 1988
, FiLE #5-3076
.
. .
POST CLOSURE MONITORING PLAN
FORMER A. Y. McDONALD FOUNDRY SITE
DUBUQUE, IOWA
PREPARED FOR
.
McDERMOTT, Will & EMERY
111 W. MONROE STREET
CHICAGO, IlliNOIS
BY
A TEC ASSOCIATES, INC.
1501 E. MAIN STREET
GRIFFITH, INDIANA
.
.
Post Closure Monitoring Plan
Former A.Y. McDonald Foundry
Dubuque, Iowa
General
This Post c16sure Monitoring Plan (PCMP) has been developed to
govern post closure operation, maintenance and monitoring
activities at the former A.Y. McDonald Foundry site following
completion of response action activities as required by the
CERCLA 106 Consent Order. Activities and operations described
in this PCMP shall commence at the date of closure
certification and shall be conducted for a period of 30 years
unless otherwise modified by the U.s. Environmental Protection
Agency (EPA) per 40 C.F.R. 265.118 (g) or by regulatory
amendment.
.
site Maintenance
Once the clay cap is completed and the vegetative cover is
established and until the highway construction is completed,
A.Y. McDonald Mfg. Inc (McDonald) and the Iowa Department of
Transportation (IDOT) shall jointly conduct inspections of the
site at three month intervals to assure the integrity of the
clay cap and overlying cover and to develop plans for
maintenance, if necessary. Once the highway construction is
completed and the vegetative growth established, McDonald and
IDOT shall jointly inspect the site semi-annually for a period
of two years. Thereafter, McDonald and IDOT shall jointly
inspect the site on an annual basis. This inspection schedule
is presented in Attachment 1. In addition, a joint inspection
shall be conducted within five working days of a 25-year
24-hour storm event (5.0 inches of precipitation over a 24-hour
period) .
.
The following shall be responsible for executing these
inspections:
.
R.D. McDonald
Senior vice President
A.Y. McDonald Industries, Inc.
4800 Chavenelle Road
Dubuque, Iowa 52001
Ph: (319) 583-7311
McDonald shall notify
(IDNR) and the EPA at
scheduled inspection.
listed below.
Robert L. Humphrey
Director, Highway Division
Iowa Depart. of Transportation
800 Lincoln Way
Ames, Iowa 50010
Ph: (515) 239-1008
the Iowa Department of Natural Resources
least ten days prior to conducting each
The contact person for each agency is
.
Pete Hamlin
Iowa Dept. of Natural Resources
Wallace state Office Building
900 E. Grand
Des Moines, Iowa 50319
Ph: (515) 281-8852
Nancy J. Johnson
Superfund Branch
U.S. EPA Region VII
726 Minnesota Avenue
Kansas city, Kansas
Ph: (913) 236-2856
66101
These inspections shall consist of visual observations to check
for erosion, integrity of the ground water monitoring system
and permanent survey bench marks as well as maintenance of site
security. These inspection observations shall be recorded on
the attached inspection forms Figures 1 and la. Results and
findings of these inspections shall be reported within 30 days
after each inspection to the above referenced representatives
of MCDonald, IDOT, EPA and IDNR. Should inspection findings
dictate that corrective measures are required, these corrective
measures shall be completed within two weeks of the inspection
where possible. Should it be determined that corrective
measures will take longer than two weeks to complete, the
corrective measures together with a timetable for their
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implementation, shall be submitted to the respective parties
together with the inspection results and findings.
.
A permanent file shall be established and maintained by
McDonald to include site inspection and maintenance
activities. Copies of the Expedited Response Action, Consent
Order, this Post Closure Monitoring Plan, inspection results
and findings, recommended corrective measures if any, and
details of maintenance activities shall be recorded in this
file. Mr. R.D. McDonald shall be the contact person for
information contained in this file.
The approximate location of permanent survey bench marks are
shmln on the attached Figure la. These bench marks and
protection devices shall be installed following completion of
the Expedited Response Action. It is anticipated that the top
of existing monitoring well casing shall be used as bench
marks. After they are installed, the vertical and horizontal
location of the bench marks shall be established. Permanent
~ IDOT survey control (IDOT bench mark No. 1431) shall be used to
establish the location of these bench marks. The location of
the bench marks will be incorporated into the PCMP. These
bench marks shall be used to check for cap subsidence. Cap
subsidence shall be evaluated semi-annually for the first two
years of post closure activities and annually for the next
three years. Thereafter, cap subsidence shall be evaluated at
five year intervals for the remainder of the post closure
period. This final subsidence evaluation schedule shall be
revised if warranted.
.
Security shall be maintained_by erecting a six foot high chain
link fence surrounding the site following completion of the
Expedited Response Action construction--~~~t:;:;;i ti~-~-.-A --temporary
security fence shall be er~cted for--fho-s~--areas---of the site
where highway construction activities will require removal of
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this chain link fence. Following completion of highway
construction activities, the temporary security fence shall be
replaced by six foot high chain link fence.
.
McDonald shall be responsible for establishing the initial
vegetative layer on this site. After the vegetative layer is
established, IDOT shall maintain the entire site in accordance
with its metro mowing program. This mowing program shall
include the entire capped surface. The provisions of the metro
mowing program are specified in Attachment 2. IDOT shall repair
areas of minor erosion within the two foot soil layer overlying
the clay cap. If it is determined that erosion rills exceed
nine inches in width or six inches in depth, that the integrity
of the clay cap is in danger or that there are problems with
vegetation, McDonald shall take necessary corrective action.
However, IDOT will repair the overlying soil layer or clay cap
if they are damaged by IDOT's highway construction activities.
Maintenance of the ground water monitoring system, site security
system and permanent bench marks, shall be performed by
McDonald. All repairs to the response action whether performed
by IDOT or McDonald shall conform to the as-built construction
materials and elevations, at a minimum.
Ground Water Monitorinq Proqram
The ground water at this site has been monitored in general
accordance with the requirements of 40 CFR 264 5ubpart F since
August 27, 1985. Initially, five monitoring wells were
utilized (Wells 5-1, D-l, 5-2, D-3, and D-4). In response to
EPA review comments to an earlier Draft Closure plan, more
detailed site coverage and characterization was provided by the
installation of an additional six monitoring wells (D-2, 5-2A,
5-3, 5-4, D-5, 5-5 and 5-6) which were first sampled in
October, 1986. In accordance with the CERCLA 106 Consent
Order, two additional verification wells were installed by the
.
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EPA (V-1 and V-2) and two additional monitoring wells (0-6 and
D-7) as well as eight piezometers (P-l through P-S) were
in~talled by McDonald. The location of the ground water
monitoring system components is presented in Figure la.
As required oy the Consent Order, two sampling events shall be
conducted for the verification wells to evaluate the integrity
of the existing monitoring system. Should a difference of two
standard deviations for lead be detected between samples from
the two verification wells, McDonald shall conduct a slug test
of the verification wells (and or other wells) to better define
the aquifer characteristics. Should a difference of two
standard deviations not be detected, the verification wells
shall be abandoned and removed in a manner and time that the
EPA deems appropriate.
.
As required by the Consent Order, eight consecutive bi-weekly
water level readings shall be obtained from each of the
piezometers, monitoring wells and the storm water retention
basin after the cap is installed. A ground water investigation
report shall be prepared by McDonald and submitted within 30
days after all water level readings are obtained. Following
the last water level reading, the piezometers shall be
abandoned and removed by drilling out with oversize augers.
The resultant bore hole shall then be filled with volclay from
the bottom up, placed with a tremie pipe.
.
The PCMP ground water monitoring program shall be performed for
--- ---"-'~.".-~.'------'-
a period of thirty years unless modified. The first year of
testing shall be conducted quarterly for the new wells for
National Interim Primary Drinking Water Standards as listed in
40 CFR Part 141, the National Secondary Drinking Water
Standards as listed in 40 CFR Part 143 and the indicators of
ground water contamination which are pH, specific conductance,
total organic carbon, and total organic halogen. The testing
Page 5
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for the remaining twenty-nine years for the new wells and
thirty years for the earlier wells shall be conducted
semi-annually for dissolved lead and contamination indicator
parameters and annually for parameters of ground water
quality. A schedule, detailed parameter lists, and analytical
methods are presented in Attachment 3.
.
It is most important to be consistent in sampling and
analytical procedures. To date, Gulf Coast Laboratories, Inc.
(GCL) has been performing the sampling and analysis for this
ground water monitoring system. It is expected that this
practice shall continue. The principal contact at Gulf Coast
shall be the Field Coordinator and back-up contact shall be the
RCRA Project Manager, both of whom may be reached at
(312) 534-5200. Should sampling or analytical procedures be
changed, at least two wells shall be sampled both ways at one
time so that correlations can be made between the analytical
results of the sampling procedures. The IDNR and USEPA shall
be notified in writing at least 30 days prior to changing
sampling and analytical methods.
Ground water sampling, preservation, analytical, and
chain-of-custody procedures shall be as specified in Section
4.0, 5.0, 6.0 and 7.0 of Volume II, site Sampling Plan,
prepared by Atec Associates, Inc. in February, 1987.
Applicable portions of Volume II have been reproduced and are
included as Attachment 3.
.
The ground water sampling and analyses data shall be presented
in a ground water investigation report. This report shall be
submitted to McDonald, IDOT, EPA and IDNR within thirty working
days of receipt of all analytical data. This report shall
include a summary of the ground water data and a comparison of
this data to relevant and appropriate regulations. Trends in
water quality as well as findings with respect to ground water
Page 6
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movement shall also be presented. contamination indicator and
dissolved lead data shall be assessed statistically (on a
semi-annual basis thereafter) for significant increases over
.
background. If down-gradient contamination indicators
significantly. exceed up-gradient values, we shall prepare a
ground water assessment plan (as outlined in Attachment 4).
Dissolved lead has been added to the list of semi-annual
indicators because it is the most reliable indicator of lead
migration through the groundwater.
In the event of significant levels of contamination from the
facility are detected by the detection monitoring system
performed in accordance with 40 C.F.R. 264.98, Respondents
shall proceed to implement the appropriate provisions of 40
C.F.R. 264.98 and submit a proposal for a compliance monitoring
program meeting the requirements of 40 C.F.R. 264.99. The
compliance monitoring program will be developed as appropriate
for the data obtained in monitoring. The compliance monitoring
... program will be incorporated into the PCMP.
.
Administrative Notice
Following completion of construction response activities and no
later than the submission of the certification of closure, IDOT
and McDonald shall submit to the EPA and the local zoning
authority a survey plat indicating the location and dimensions
of this site with respect to permanently surveyed bench marks
as required by 40 CFR 265.116. A note shall be prominently
displayed upon the survey plat stating that the land has been
used to manage hazardous wastes and its use is restricted under
applicable provisions of 40 C.F.R. 265 Subpart G regulations.
Within 60 days of certification of closure, IDOT and McDonald
shall record a notation on the deed to the facility that the
site has been used to manage hazardous wastes and subsequent
Use of this land is restricted as required by 40 CFR 265.119.
Page 7
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.
.
.
This notation shall state that this land has been used to
manage hazardous waste and its use is restricted under 40 CFR
subpart G regulations.
post-closure care and use of this site shall be as specified
herein and in conformance with 40 CFR 265.117. No later than
60 days after completion of the post-closure care period,
McDonald in conjunction with IDOT, shall certify to the EPA
that the post-closure care period for this site was observed
and that required activities were performed in accordance with
this plan, as required by 40 CFR 265.120. This owner or
operator notice shall be accompanied by a post-closure
certification signed by an independent registered engineer.
Documents demonstrating that post-closure activities have been
conducted in accordance with this Post Closure Monitoring Plan
shall be included with the engineer's certification. Copies of
these certifications and supporting documents shall also be
placed in the permanent site inspection and maintenance file.
Dispute Resolution
In the event a dispute arises between A.Y. McDonald and IDOT
regarding discharging obligations under the Consent Order the
following dispute resolution mechanism will be engaged:
1. The party which believes there is a question regarding an
obligation will supply the other party with a written notice
which specifies the obligation and the basis for its position.
2. Within fourteen (14) days of receipt of such notice, the
receiving party must respond in writing stating its views on
the obligation and the basis for them.
3. Representatives of the parties shall meet and discuss the
matter within thirty (30) days of receipt of the responding
Page 8
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position or, if agreed by the parties, shall confer by
telephone.
.
4. As to the issues not resolved within ten (10) days after
such meeting.or telephone. conference, or such other mutually
agreed upon period, either party can enforce the agreement
against the other in any appropriate forum.
To .the extent either party discharges any disputed obligation,
prior to the dispute being resolved it will have a claim for
contribution or indemnity to recover the cost of activities
which are determined to be the responsibility of the other
party.
Having fully reviewed the foregoing paragraphs, A.Y. McDonald
Industries, Inc. and the Iowa Department of Transportation do
hereby consent to the provisions of this Post Closure
Monitoring Plan.
.
Date
Robert McDonald for A.Y.
McDonald Industries, Inc.
Date
Robert Humphrey for Iowa
Department of Transportation
.
.
.
.
~
KJJJJJ\\lt.,,-~~,:.\ \~ "'.vv~
~ 7002-00
2000 Juri 21 PH 3: 52
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St., City Hall
....TIP.i'., "..'.:.,! ;':';'.."," J..7'\
(\I-COU~.{f)} f;:E~C\oiioEft ,1 - lY
DUBUQUE co.. IOWA FEES~\t.
Telephone: 589-4210
ORDINANCE NO, 50-00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF EAST 12TH
STREET AND EAST OF HIGHWAY 61/151 FROM POS PUBLIC OPEN SPACE
TO MHI MODIFIED HEAVY INDUSTRIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property
from POS Public Open Space to MHI Modified Heavy Industrial District, to wit:
Lot 1 of Lot 1 of A. Y. McDonald Manufacturing Company Place, and to the center
line of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa,
Section 3, This ordinance shall take effect immediately upon publication, as
provided by law,
Passed, approved and adopted this 19th day of June
~
,2000
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:IUSERSIMELlNDAIWPICOUNCILIORDIA YMCDONA,ORD
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