ENV-05-183 Using Institutional Controls to Slash Remediation Costs

Description:

An Institutional Control (IC) is a non-engineering measure that: a) limits access to property, b) limits use of property, or c) warns of a hazard. ICs fall into two general categories: proprietary controls and governmental controls. Proprietary controls involve the placement of restrictions on land through the use of easements, covenants and reversionary interest. Governmental controls are restrictions that are within the traditional police powers of state and local governments to impose and enforce. State law must be researched thoroughly because application and enforcement of such restrictions varies by state. ICs are extremely flexible, and can be used to serve a wide variety of purposes. ICs can be used in conjunction with, or as a supplement to, remedial activities such as a source removal to commercial/industrial standards. However, ICs may also be used as the sole remedial response at a site if the results of the site investigation and risk assessment determine that this is the most appropriate response action. For example, if remediation of affected groundwater has been deemed impracticable, restrictions may be placed to prevent use of the groundwater. Costs appropriated for remediation can then be allocated for another purpose. An ideal site for a potential IC of this nature would be one with the following characteristics: well-defined nature/extent assessment, a nonresidential setting, and a stable or shrinking plume.