Title
Resolution to Approve a Declaration of Restrictive Covenant for a Restricted Nonresidential Remedial Action at 2000 S. Industrial Highway, Ann Arbor
Memorandum
The attached resolution approves and authorizes the signature and recording of a restrictive covenant (RC) for the northeast corner of the City's property located at 2000 S. Industrial Highway relating to environmental contamination that resulted from an unknown orphan underground heating oil tank discovered in the spring 2021. The RC is the appropriate protocol under the Natural Resources and Environmental Protection Act (NREPA) and State of Michigan EGLE regulations. The purpose of the RC is to permanently record the presence of underground contamination on the property for future owners or users. The RC can be removed when the contamination is properly removed to EGLE standards.
The tank was discovered while installing an underground electrical line for EV charging stations. Appropriate notifications were made and the City retained the services of a qualified environmental consultant. The tank was identified as a long out of service heating oil tank for the building which was not identified on any state or local records. The deteriorated tank was drained, removed and testing identified contaminates in the soil consistent with heating oil. The area of contamination was delineated, and the soils removed, appropriately disposed of and the site backfilled. Because of the proximity of the tank to the office building on site, not all soils could be removed without impacting the building foundation. Testing identified contaminated soils underneath the building and on the northeast side of the building that could not be removed.
Since the building was occupied, the City frequently tested air quality in the building and air and soil quality underneath the building's concrete floor. There were no instances that the air quality in the building exceeded residential standards or that employees were a...
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