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 received by the Deed to property. Covenant county property Department. Legal description of records by a Since many of these property to be restricted. property owner, are/have been done, review Survey of area of restriction and agreed to by can be accomplished (if different from whole DEP, restricting quickly. property or if there are use of or access to This type of control runs stormwater features that property in order with the land in perpetuity need to be maintained). to control the due to statutory exclusion Title report. spread of from the Marketable Constructive notice. contamination or Records Title Act (MRTA). Actual notice to holders of 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 owner wishes to rely upon, OGC must evaluate any connection property owners including maps supporting ordinance proposed to to water hook up to an the characterization of the ensure the ordinance is system existing system contamination property as valid and meets the that supplies within the service area and definition of IC in statute. potable water. within the required proximity Is this type of IC adequately to the water system. protective considering the contamination at issue? Document or statement that property is either I.E. is there a significant exposure risk if the undeveloped or connected contaminated GW is utilized to water system. or spread for non-potable Deed to source property. uses. Constructive notice. Actual 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. An agreement Draft MOA (MOALUC, This type of IC is limited to of between a MOARC, other names governmental or Agreement governmental or
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. Constructive notice. Actual notice to holders of interest in the real property to be restricted. Most common type of IC received by the Department. Since 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. Constructive notice. Actual 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. of Agreement An agreement between a governmental or Draft MOA (MOALUC, MOARC, other names This type of IC is limited to governmental or
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