Department as Those include historic EDB Constructive notice contaminated, sites, some Possibly title work to which are used to superfund/CERCLA sites determine encumbrance inform decisions and a few miscellaneous holders for both source and by Water sites. Since delineated non-source properties. This Management areas target potable water determination to be made Districts (WMD) on well installations, may still on a case by case basis. well and need to consider whether Actual notice to any off-site consumptive use there is a significant property owners affected. permits (CUP). exposure risk if the contaminated GW is utilized or spread for non-potable uses. Municipal or Zoning These will all require These may provide some County classifications, various different utility if layered along with Zoning or land use components to form other controls. Land Use categories, complete packages. All of Development of them may be acceptable as DRIs, Regional Impact part of a layered IC, but it is Development Final Orders, not likely that any of them Orders, or development can form the basis of an IC Deed Notices orders, or deed alone. Communicate with notices. OGC early in the development of any closure plan that includes the use of these types of controls. Constructive notice An easement Conservation Draft conservation This type of IC is Easements given by the easement and supporting recognized by statute, but Property Owner documentation (much of may not be a good fit for for conservation this is similar to the controlling access to or purposes. supporting documentation spread of contamination. required for a Restrictive Requests to evaluate this Covenant, see the type of IC should be Conservation Easement forwarded to OGC early in handbook, SLER 1515 for the process of developing specifics). the IC. Constructive notice
Department as contaminated, which are used to inform decisions by Water Management Districts (WMD) on well and consumptive use permits (CUP). Constructive notice Possibly title work to determine encumbrance holders for both source and non-source properties. This determination to be made on a case by case basis. Actual notice to any off-site property owners affected. Those include historic EDB sites, some superfund/CERCLA sites and a few miscellaneous sites. Since delineated areas target potable water well installations, may still need to consider whether there is a significant exposure risk if the contaminated GW is utilized or spread for non-potable uses. Municipal or County Zoning or Land Use DRIs, Development Orders, or Deed Notices Zoning classifications, land use categories, Development of Regional Impact Final Orders, development orders, or deed notices. These will all require various different components to form complete packages. All of them may be acceptable as part of a layered IC, but it is not likely that any of them can form the basis of an IC alone. Communicate with OGC early in the development of any closure plan that includes the use of these types of controls. Constructive notice These may provide some utility if layered along with other controls. Conservation Easements An easement given by the Property Owner for conservation purposes. Draft conservation easement and supporting documentation (much of this is similar to the supporting documentation required for a Restrictive Covenant, see the Conservation Easement handbook, SLER 1515 for specifics). Constructive notice This type of IC is recognized by statute, but may not be a good fit for controlling access to or spread of contamination. Requests to evaluate this type of IC should be forwarded to OGC early in the process of developing the IC.
icpg_Jul16.docx