Attachment 38: Institutional Controls Quick Reference Table Institutional Description Documentation Required Departmental Considerations Control from PRSR (electronic copy preferred) Declaration A recordation 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 and Survey of area of restriction are/have been done, review agreed to by DEP, (if different from can be accomplished restricting use of property or if there are quickly. 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 Constructive notice. from the Marketable contamination or Actual notice to holders of Records Title Act (MRTA). exposure to interest in the real property contamination. to be restricted. A local This type of IC is only Municipal or 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 property owners ordinance proposed to including maps supporting to water hook up to an ensure the ordinance is the characterization of the system 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 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 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 MOA (MOALUC, This type of IC is limited to of between a MOARC, other names governmental or Agreement governmental or possible) these are entities that – for Land Use complex documents, have appropriate control
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 and agreed to by DEP, restricting use of or access to property in order to control the spread of contamination or exposure to contamination. Restrictive Covenant. Deed to property. Legal description of property to be restricted. Survey of area of restriction (if different from 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. 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 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 for Land Use An agreement between a governmental or MOA (MOALUC, MOARC, other names possible) – these are complex documents, This type of IC is limited to governmental or entities that have appropriate control
Institutional%20Controls%20Procedure%20Guidance_0.docx