Executive Summary
This guidance focuses on long-term contaminant management using institutional controls (ICs). ICs are a form of land use controls (LUCs) that provide protection from exposure to contaminants on a site. While ICs consist of administrative or legal restrictions on a site, LUCs can also use physical measures, which are called engineering controls (ECs). In contrast to ECs, ICs are primarily government controls, proprietary controls, enforcement or permit mechanisms, and informational devices.
In many states ICs are approved as part of a remedy. The IC may be the sole remedy or may be used in conjunction with other remedies or ECs. The protectiveness of the IC depends on management elements that ensure its integrity throughout its life cycle. When the critical elements of an IC are jeopardized, or fail, direct impact to human health and the environment can occur.
The new guidance presented here builds on ITRC’s 2008 document Overview of Land Use Control (LUC) Management Systems and can be used to develop and improve long-term management programs for ICs. This guidance assists those who are responsible for stewardship of ICs by describing critical elements and best practices for an IC management program. Much of this document is based on the successes and lessons learned from established state and federal agency programs. The target audience for this guidance includes environmental regulators at all levels of government, private and public responsible or obligated parties (OPs), current site owners and operators, environmental consultants, and prospective purchasers of property and their agents. Other stakeholders who have an interest in a property can also use this guidance to help understand how to manage ICs.
ITRC surveyed state programs in order to understand the types of IC management programs that are in place across the U.S., what makes these programs effective, and what common issues affect the durability of ICs. The survey responses have been used to identify which elements help maintain or create a more effective long-term IC program. Based on the survey results, the program elements necessary for an effective IC management program include:
- planning and implementation of an institutional control for the life cycle of the IC
- creating and maintaining an IC registry
- IC monitoring and performance evaluation
- enforcement of ICs
- stakeholder communications and outreach
- costs and financial assurance associated with the implementation of an effective ICs program.
To assist with cost-effective program development, ITRC has developed a downloadable tool that can be used to document critical information about an IC. This tool can help to create a lasting record of the site that includes the regulatory authority, details of the IC, the responsibilities of all parties, a schedule for monitoring the performance of the IC, and much more relevant information. The tool generates an editable Long Term Stewardship (LTS) plan in Microsoft Word. The final report can then be modified to include images (for example, JPG maps and photos) to better illustrate the condition of the IC or the site.
