City Engineer Scott Harter reported to the council that while the city's contractor was working on the Martin and Forbes streets sidewalk project, equipment exposed, bumped into and may have punctured an underground storage tank.
He said they brought in a “sniffer,” a piece of equipment that looks for leaks, and couldn't find any.
Harter said staff was asking the council for direction on what to do next. He said some additional digging in the area led to the discovery that the tank extends a foot into the city's right of way.
After consulting with City Attorney Steve Brookes, Harter said it was the staff's position that it isn't the city's responsibility.
Lake County Environmental Health is requiring the tank be removed, Harter said.
Brookes explained that the tank appears to have been there for many years. It was not installed, maintained, owned or permitted by the city.
“I don't think it's our problem,” he said.
There is a cost to remove it, and Brookes suggested the city should try and help minimize that cost. He explained that there is a state underground tank fund to help address such situations.
Several years ago, anyone with an underground storage tank was given a notice to remove it, and Brookes said at that time several were pulled from city property, including one found completely in the right of way.
No hydrocarbons have been found as a result of the tank so far, said Brookes. “It could be a real expensive, messy proposition if you get hydrocarbons that are out into the water table.”
Bill Deschamps, who along with his wife attended the meeting, told the council that he's owned the property for 20 years, and had no idea the tank was there.
He said Epidendio Construction gave him a $5,500 estimate, plus fees, to remove the tank, which he said was “ridiculous.”
Deschamps said part of the tank is on city property. “I don't have $5,500 and I'm looking for some help here,” he said.
City Councilman Bob Rumfelt asked Harter what would happen if the tank wasn't removed, and whether it would stop the city's project. Harter said it wouldn't stop the project, as the tank is located 6 inches behind the work area.
Council member Suzanne Lyons asked Deschamps if he had information about the underground storage tank fund. He said he didn't, and all he had was a letter from Lake County Environmental Health telling him he had 30 days to remove the tank.
Councilman Roy Parmentier suggested assisting through redevelopment, but Lyons suggested it was better to try to work through the state's existing removal program. Brookes said he thought that the program required doing the work and then submitting a receipt for reimbursement.
Redevelopment Director Richard Knoll said the city could provide funding to Deschamps in the form of a loan or grant, or the city could take responsibility. But some issues could come into play, such as having to pay prevailing wage to remove the tank.
Rumfelt moved to direct Knoll to research how to offer Deschamps some help. Before the council approved the motion, Brookes emphasized that the city shouldn't give Deschamps a false sense that the city is entirely handling the problem.
In other business, the council supported Mayor Ron Bertsch's proposal that they have Habitat for Humanity come and discuss working with the city on building low income housing on infill lots; agreed to look into Pier 1900's concerns about drainage by working with Kmart officials who are responsible for cleaning out a drainage basin; and discussed fire access at Willopoint Resort, which Brookes said he would bring up with the resort's owner.
Ron Raetz received a proclamation from the council in gratitude for his many years of service on Westside Community Park.
“I'm gonna miss you, but not a lot,” Raetz joked.
E-mail Elizabeth Larson at
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