Attachment 38: Institutional Controls Quick Reference Table Institutional Description Documentation Required Departmental Considerations Control from PRSR (electronic copy preferred) Declaration A recordation Draft Restrictive Covenant. Most common type of IC of Restrictive made in the Deed to property. received by the Covenant county property Legal description of Department. records by a property to be restricted. many of these property owner, Survey of area of restriction are/have been done, review and agreed to by (if different from whole can be accomplished DEP, restricting property or if there are quickly. use of or access to stormwater features that This type of control runs property in order need to be maintained). with the land in perpetuity to control the Title report. due to statutory exclusion spread of Published notice. from the Marketable contamination or Mailed notice to holders of Records Title Act (MRTA). exposure to interest in the real property contamination. to be restricted. Municipal or A local This type of IC is only Copy of the ordinance, or County government contemplated for specific web link to Ordinance regulation groundwater contamination. documentation, the property requiring requiring that OGC must evaluate any owner wishes to rely upon, connection to property owners ordinance proposed to including maps supporting water system hook up to an ensure the ordinance is the characterization of the existing system valid and meets the contamination property as that supplies definition of IC in statute. within the service area and potable water. Is this type of IC adequately within the required proximity protective considering the to the water system. contamination at issue? Document or statement that I.E. is there a significant property is either exposure risk if the undeveloped or connected to water system. contaminated GW is utilized Deed to source property. or spread for non-potable Published notice. uses. Mailed notice to any offsite property owners, if contamination goes beyond property lines. Possibly deeds to off source properties impacted. This decision to be made on a case by case basis. Possibly title work to determine encumbrances for both the source and non-source properties. This decision to be made on a case by case basis.
Attachment 38: Institutional Controls Quick Reference Table Institutional Control Description Documentation Required from PRSR (electronic copy preferred) Departmental Considerations Declaration of Restrictive Covenant A recordation made in the county property records by a property owner, and agreed to by DEP, restricting use of or access to property in order to control the spread of contamination or exposure to contamination. Draft Restrictive Covenant. Deed to property. Legal description of property to be restricted. Survey of area of restriction (if different from whole property or if there are stormwater features that need to be maintained). Title report. Published notice. Mailed notice to holders of interest in the real property to be restricted. Most common type of IC received by the Department. many of these are/have been done, review can be accomplished quickly. This type of control runs with the land in perpetuity due to statutory exclusion from the Marketable Records Title Act (MRTA). Municipal or County Ordinance requiring connection to water system A local government regulation requiring that property owners hook up to an existing system that supplies potable water. Copy of the ordinance, or specific web link to documentation, the property owner wishes to rely upon, including maps supporting the characterization of the contamination property as within the service area and within the required proximity to the water system. Document or statement that property is either undeveloped or connected to water system. Deed to source property. Published notice. Mailed notice to any offsite property owners, if contamination goes beyond property lines. Possibly deeds to off source properties impacted. This decision to be made on a case by case basis. Possibly title work to determine encumbrances for both the source and non-source properties. This decision to be made on a case by case basis. This type of IC is only contemplated for groundwater contamination. OGC must evaluate any ordinance proposed to ensure the ordinance is valid and meets the definition of IC in statute. Is this type of IC adequately protective considering the contamination at issue? I.E. is there a significant exposure risk if the contaminated GW is utilized or spread for non-potable uses.