Institutional Controls such as Environmental Restrictive Covenants (ERCs) and Environmental Restrictive Ordinances (EROs) have been utilized by the Environmental Protection Agency (EPA) and other states for a number of years as options to closing sites that contain contaminant levels above certain thresholds. The Indiana Department of Environmental Management (IDEM) has accepted ERCs for several years now in the closure process, and in the last year or so has also more readily accepted EROs to be used for risk-based closures.
ERCs are “deed restrictions” that limit certain activities from occurring (such as residential site-use or installation of potable water wells) or require certain actions be undertaken such maintenance of an engineered barrier or protective fencing on a property. The conditions of the ERC must be maintained by the current property owner.
EROs are ordinances enacted by a local unit of government to limit the installation of potable water wells. The ERO essentially eliminates the “ingestion of groundwater” exposure pathway, which is often the largest hurdle to overcome during site clean-ups and closures. The use of ERCs and EROs can facilitate quicker closure of sites, especially in those instances where contaminants have migrated off-site. However, each of these options has certain limitations and requirements which must be understood by the responsible party.
In this webinar, Mr. David Zbieszkowski, senior manager at August Mack and Mr. David Gillay, Partner at Barnes & Thornburg LLP, will provide environmental and legal perspectives on closing sites with ERCs and EROs, including a discussion of the limitations and requirements of these important closure tools.
To register for this November 4th webinar, visit augustmackevents.webex.com.
ERCs are “deed restrictions” that limit certain activities from occurring (such as residential site-use or installation of potable water wells) or require certain actions be undertaken such maintenance of an engineered barrier or protective fencing on a property. The conditions of the ERC must be maintained by the current property owner.
EROs are ordinances enacted by a local unit of government to limit the installation of potable water wells. The ERO essentially eliminates the “ingestion of groundwater” exposure pathway, which is often the largest hurdle to overcome during site clean-ups and closures. The use of ERCs and EROs can facilitate quicker closure of sites, especially in those instances where contaminants have migrated off-site. However, each of these options has certain limitations and requirements which must be understood by the responsible party.
In this webinar, Mr. David Zbieszkowski, senior manager at August Mack and Mr. David Gillay, Partner at Barnes & Thornburg LLP, will provide environmental and legal perspectives on closing sites with ERCs and EROs, including a discussion of the limitations and requirements of these important closure tools.
To register for this November 4th webinar, visit augustmackevents.webex.com.
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