Cleanup Enforcement

Settlement agreements usually include long-term stewardship obligations to maintain the cleanup.  Long-term stewardship activities typically include physical and legal controls to prevent exposure to contamination left in place at a site. The legal controls are generally referred to as "institutional controls."

For example, a groundwater cleanup may involve operating a treatment system for 30 or more years. At such a site, a legal control such as a groundwater use regulation may be used to meet the long-term stewardship obligation.

Institutional Controls

EPA uses institutional controls to help:

• minimize human exposure to contamination, and
• protect structures and systems that are part of the cleanup (such as groundwater monitoring systems and landfill covers).

Institutional controls are considered part of the remedy for the site. How institutional controls are enforced depends on the nature of the control and how it is initiated (e.g., through a local ordinance; in an enforceable agreement).

EPA is currently engaged in a long term review of compliance with institutional controls imposed as part of Superfund cleanups. Information on this review will be made available when it is completed.

Examples of IC's include:

• easements
• covenants
• zoning restrictions
• well drilling prohibitions
• special building permit requirements
• deed restrictions
• state or local ordinances
• deed or hazard notices
• state registries of contaminated properties
• restrictions on groundwater use

Further information on institutional controls is available on the Institutional Controls Web page and from the Superfund cleanup policy and guidance database on institutional controls.

Top of page