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Implementing Institutional Controls at Brownfields and Other Contaminated Sites

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Institutional controls are designed to reduce or eliminate potential exposure to certain chemicals, prevent activities that may interfere with a response action, and to ensure that "no significant risk" is posed to human health and the environment. Institutional controls take a wide variety of forms, such as easements, restrictive covenants, equitable servitudes, environmental covenants, zoning, building permits, well-drilling prohibitions, contractual agreements (such as permits and consent decrees), and informational devices.

This second edition of Implementing Institutional Controls at Brownfields and Other Contaminated Sites examines the substantial strides that have been made over the past decade to improve regulators' and practitioners' awareness and understanding of institutional control issues. In particular, nearly half the states have now adopted the Uniform Environmental Covenants Act (UECA) since its promulgation as a model state law in 2003.

Now fully updated and significantly expanded, Implementing Institutional Controls at Brownfields and Other Contaminated Sites discusses why UECA is important and how most states are handling institutional control issues, whether they have adopted UECA or not. Other institutional control tools, such as EPA's use of five-year reviews under the federal Superfund law, Land Use Control Implementation Plans, and state and local innovations (such as municipal setting designations in Texas), are also discussed.

In addition to the text, extensive supporting materials are included on a CD-ROM that accompanies this volume.

Table of Contents

Part I: Overview and Emerging Tools

Chapter 1 An Overview of Institutional Controls

Chapter 2 CERCLA "Five-Year Reviews" as a Long-Term Institutional Control Assurance Tool

Chapter 3 The Benefits of a Uniform State Law for Institutional Controls

Chapter 4 Identifying Activity and Use Limitations as Part of All Appropriate Inquiries in the Due Diligence Process

Chapter 5 Institutional Controls as a Risk Management Option

Chapter 6 Activity and Use Limitations Applied to Risk-Based Corrective Action

Chapter 7 Remedy Selection at Closing Military Bases: Institutional Controls

Chapter 8 Long-Term Environmental Management at Contaminated School Sites with an Emphasis on Vapor Intrusion

Chapter 9 Institutional Controls and Insurance

Chapter 10 Land Use Restrictions and Institutional Controls under the Brownfields Amendments of 2002

Chapter 11 Life Cycle Costs of Institutional Controls

Part II: Case Studies

Chapter 12 Land Use Control Implementation Plans: A Model

Chapter 13 Information Technology for Institutional Control Management of Environmentally Impaired Properties

Chapter 14 Mississippi "One Call" and the Mississippi Uniform Environmental Covenants Act

Chapter 15 Texas Municipal Setting Designations

Chapter 16 Lessons Learned in Tracking Institutional Controls in Emeryville, California

Chapter 17 Rochester, New York: A Local Government–Initiated Environmental Institutional Control Program

Part III: Selected States and Ontario, Canada

Chapter 18 Alabama

Chapter 19 Arizona

Chapter 20 Arkansas

Chapter 21 California

Chapter 22 Colorado

Chapter 23 Connecticut

Chapter 24 Florida

Chapter 25 Georgia

Chapter 26 Hawai'i

Chapter 27 Illinois

Chapter 28 Indiana

Chapter 29 Iowa

Chapter 30 Kansas

Chapter 31 Kentucky

Chapter 32 Louisiana

Chapter 33 Maine

Chapter 34 Maryland

Chapter 35 Massachusetts

Chapter 36 Massachusetts

Chapter 37 Michigan

Chapter 38 Minnesota

Chapter 39 Mississippi

Chapter 40 Missouri

Chapter 41 Montana

Chapter 42 Nebraska

Chapter 43 Nevada

Chapter 44 New Hampshire

Chapter 45 New Jersey

Chapter 46 New Mexico

Chapter 47 New York

Chapter 48 North Carolina

Chapter 49 Institutional Controls in Ohio: A Brownfield Developer's Perspective

Chapter 50 Institutional Controls in Ohio: A Private Practitioner's Perspective

Chapter 51 Oklahoma

Chapter 52 Oregon

Chapter 53 Engineering and Institutional Controls in Pennsylvania: A Public Sector Perspective

Chapter 54 Pennsylvania: A Private Practitioner's Perspective

Chapter 55 Rhode Island

Chapter 56 South Carolina

Chapter 57 Tennessee

Chapter 58 Texas

Chapter 59 Utah

Chapter 60 Vermont

Chapter 61 Virginia

Chapter 62 Washington State

Chapter 63 West Virginia

Chapter 64 Wisconsin

Chapter 65 Ontario, Canada


Institutional Controls and the Converging Worlds of Real Estate and Environmental Law