Implementing Institutional Controls at Brownfields and Other Contaminated Sites

Front Cover
Amy L. Edwards
American Bar Association, 2003 - Brownfields - 800 pages
Most brownfields cleanups have relied on institutional and engineering controls as part of the remedy, although the implementation, monitoring, and enforcement of these controls is one of the most difficult issues affecting contaminated property cleanup and redevelopment. The critical role of institutional controls has recently been highlighted by the 2001 Brownfields Amendments, and as a result a key element in the future success of brownfields redevelopment will rest on understanding and effectively using risk-based corrective action, including institutional and engineering controls. Implementing Institutional Controls at Brownfields and Other Contaminated Sites, the first book on this important and evolving topic, provides a thorough grounding in the history and current use of institutional controls. Emphasizing federal, state and public perspectives, this compendium of articles written by over 43 experts in the field offers real estate and environmental practitioners a state-of-the-art review of a subject that is integral to the success and growth of brownfields redevelopment projects. also examines some of the emerging tools that can be used in brownfields redevelopment, including custodial trusts, one-call systems, and web-based tracking systems. It also discusses the benefits of the proposed uniform model law on environmental covenants (UECA). Part II addresses the federal perspective, including the statutory and regulatory framework for the use of institutional controls in CERCLA and RCRA. The state perspective is covered in Part III, looking at the varying use of these controls in several states, including Arizona, California, Illinois, Massachusetts, New Jersey, and Maine. Experience in the Field is the focus of Part IV, which reviews how these controls have been used, highlights recent case studies, and draws conclusions on what can be learned from these successes and failures. documents and forms, including the flow chart from the ASTM Standard Guide on the Use of Activity and Use Limitations, Including Institutional and Engineering Controls (E 2091), final fact sheets from the Environmental Protection Agency for site managers at Superfund and RCRA sites, guidance from the Department of Defense, and state documents referenced in the text.
 

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Contents

Chapter
9
TOXIC SUBSTANCES CONTROL PROGRAM OPP 8714
14
Chapter
16
Chapter
22
Chapter 2
25
Experience in the Field 283
28
Chapter 4
39
Using Information Technology to Provide LongTerm
49
Appendix A ASTM Standard Guide E 209100
331
Appendix B Environmental Protection Agency
337
Appendix C Environmental Protection Agency
371
Use of Institutional Controls in the RCRA Corrective Action Program
381
Appendix D Department of Defense
398
EPA Guidance on the Transfer of Federal Property by Deed Before
411
Section 120h3Early Transfer Guidance
417
Office of the Under Secretary of Defense Early Transfer Authority
426

Chapter 7
63
Chapter 9
79
Chapter 10
97
Chapter 11
104
Chapter 12
113
Chapter 13
121
Chapter 14
133
Chapter 15
153
Institutional Controls in Illinois
159
Chapter 19
179
Deed Restrictions and Institutional Controls in Michigan
203
The New Jersey Experience
215
Chapter 23
237
Chapter 24
251
Chapter 27
269
Chapter 29
295
Chapter 30
301
Chapter 31
311
The Converging Worlds of Real Estate
321
Department of Defense Guidance on Land Use Controls Associated with
434
Environmental Restoration Activities for Active Installations
443
Department of the Air Force Air Force Policy and Guidance on Remedy
453
Office of the Under Secretary of Defense Guidance on Land
459
Office of the Under Secretary of Defense Policy on Land Use Controls
469
A Guide to Establishing Institutional Controls at Closing Military
475
Office of the Under Secretary of Defense Responsibility
484
Appendix E California
493
DEVELOPMENT AND IMPLEMENTATION
495
Modification Variance or Removal
501
Recommended Covenant Outline
509
Memorandum from Stan Phillippe Division Chief Office of Military
536
Letter from Barbara Coler Chief Statewide Cleanup Operations Division
552
Appendix G Massachusetts
577
Appendix H Texas
681
Appendix I IndustriPlex Superfund Site
727
Appendix J A One Stop Institutional Control Designed to Effectively
777
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