Delineated Areas that have Rule reference to the Currently delineated areas areas under been identified by specific part of 62-524 are limited to those areas 62-524 rule of the delineating the area already adopted by rule. Department as Published notice Those include historic EDB contaminated, Possibly title work to sites, some which are used to determine encumbrance superfund/CERCLA sites inform decisions holders for both source and and a few miscellaneous by Water non-source properties. This sites. Since delineated Management determination to be made areas target potable water Districts (WMD) on on a case by case basis. well installations, may still well and Mailed notice to any off-site need to consider whether consumptive use property owners affected. there is a significant 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 orders, or deed alone. Communicate with Notices notices. OGC early in the development of any closure plan that includes the use of these types of controls. Published notice Conservation An easement 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. Published notice
Delineated areas under 62-524 Areas that have been identified by rule of the Department as contaminated, which are used to inform decisions by Water Management Districts (WMD) on well and consumptive use permits (CUP). Rule reference to the specific part of 62-524 delineating the area Published 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. Mailed notice to any off-site property owners affected. Currently delineated areas are limited to those areas already adopted by rule. 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. Published notice These may provide some utility if layered along with other controls. Conservation Easements An easement given by the Property Owner for conservation purposes. 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). Published 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.
Att38-IC_Quick_Ref-082818_0.docx