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Land Use and Institutional Controls
Tools and Technical Information
- Land-Use Controls (LUCs)
also known as "institutional controls," are defined broadly as legal
measures that limit human exposure by restricting activity, use, and
access to properties with residual contamination. This site provides
a clearinghouse of information on LUCs for the use of all stakeholder
groups.
- The LUC WebRing
explores the virtual community around the issue of risk-based cleanups
and the land use controls that make such cleanups possible. The LUC
WebRing links governmental online institutional control tracking systems,
academic land use control research, commercial land use control services,
nongovernmental organization land use control information, and environmentally-impaired
real estate and lending services. The LUC WebRing is managed by the
International City/Council Management Association (ICMA) and supported
by USEPA.
- State and tribal response programs play a significant role in cleaning up brownfields. To learn more about specifics, visit state and tribal response programs. To see state and tribal programs with institutional control tracking on a public website, visit state and tribal response programs with ICs.
- U.S. EPA Institutional
Controls (ICs) are administrative or legal controls that help
minimize the potential for human exposure to contamination or protect
the integrity of a remedy. This site provides IC Guidance, workshop
information and collected data elements.
- Presentation and materials for the Institutional Controls Roundtable
and Training - April 4-6, 2006, Tucson, AZ are available at:
http://www.epa.gov/superfund/policy/ic/roundtable.htm
The purpose of the roundtable was to exchange information related to Institutional Controls with experts and practitioners across the United States.
- Other
US EPA Guidance Documents for Institutional Controls
- Estimating the Cost of Institutional Controls, establishes a framework
of IC activities and the timeframes for these actions that regulators
and land owners can consider in estimating costs. The guide divides
the IC process into various steps, including: planning, record-keeping,
monitoring, inspection and enforcement. The steps are also categorized
by how frequently they must occur, whether annually or periodically,
or only as an initial measure.
http://www.rff.org/rff/Documents/RFF-Report-costs.pdf
- US DOE Use of Institutional Controls in a CERCLA Baseline Risk Assessment (PDF) (2 pp, 31K, About PDF)
December 1992
- Environmental Data
Standards Council
- Uniform Environmental Covenants Act
In 2003, the Uniform Law Commissioners have promulgated the Uniform
Environmental Covenants Act to overcome the inadequate common law
rules.
The statutory legal mechanism it creates is called an “environmental
covenant.” Covenants are generally recognized in the common law
as a means of conveying restrictions on use of land. The environmental
covenant relies on the common law base, but re-creates it for the
specific purpose of controlling the use of contaminated real estate,
perpetually if necessary, while allowing that real estate to be conveyed
from one person to another subject to those controls.
Uniform
Law Commissioners
From this web site the user must select the Act Title "Environmental
Covenants Act" and press search. The user does not have to select
a State.
- Long
Term Stewardship Task Force Report and the Development of Implementation
Options for the Task Force Recommendations
Long-term stewardship (LTS) applies to sites and properties where
long-term management of contaminated environmental media is necessary
to protect human health and the environment over time. EPA formed
the LTS Task Force in 2004 to evaluate the state of long-term
stewardship across its various waste cleanup programs. The Task
Force released this report to address a variety of challenges
facing EPA and its partners responsible for ensuring LTS.
- Long-Term Stewardship: Ensuring Environmental Site Cleanups Remain Protective Over Time (PDF) (6 pp, 229K, About PDF)
- Addressing Long-Term Stewardship: Highlights from the Field (PDF) (4 pp, 242K, About PDF)
The purpose of this fact sheet is to build upon the LTS Task Force efforts by highlighting LTS projects that address the challenges identified by the Task Force in the LTS Task Force Report. This fact sheet is one of a continuing series intended to create awareness of LTS issues and approaches to addressing LTS challenges.
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