Implementing Institutional Controls at Brownfields and Other Contaminated Sites

Most brownfields cleanups have relied on institutional and engineering controls as part of the remedy, although the implementation, monitoring, and enforcement of these controls is one of the most difficult issues affecting contaminated property cleanup and redevelopment. The critical role of institutional controls has recently been highlighted by the 2001 Brownfields Amendments, and as a result a key element in the future success of brownfields redevelopment will rest on understanding and effectively using risk-based corrective action, including institutional and engineering controls. Implementing Institutional Controls at Brownfields and Other Contaminated Sites, the first book on this important and evolving topic, provides a thorough grounding in the history and current use of institutional controls. Emphasizing federal, state and public perspectives, this compendium of articles written by over 43 experts in the field offers real estate and environmental practitioners a state-of-the-art review of a subject that is integral to the success and growth of brownfields redevelopment projects. Beginning with an overview of institutional controls, Part I of the manual also examines some of the emerging tools that can be used in brownfields redevelopment, including custodial trusts, one-call systems, and web-based tracking systems. It also discusses the benefits of the proposed uniform model law on environmental covenants (UECA). Part II addresses the federal perspective, including the statutory and regulatory framework for the use of institutional controls in CERCLA and RCRA. The state perspective is covered in Part III, looking at the varying use of these controls in several states, including Arizona, California, Illinois, Massachusetts, New Jersey, and Maine. "Experience in the Field" is the focus of Part IV, which reviews how these controls have been used, highlights recent case studies, and draws conclusions on what can be learned from these successes and failures. A wealth of appendices provides quick, one-source access to relevant documents and forms, including the flow chart from the ASTM Standard Guide on the Use of Activity and Use Limitations, Including Institutional and Engineering Controls (E 2091), final fact sheets from the Environmental Protection Agency for site managers at Superfund and RCRA sites, guidance from the Department of Defense, and state documents referenced in the text.