You Should Care Indiana GIS Conference

Transcription

1 Environmental Restrictive Covenants (ERCs): Why You Should Care 2009 Indiana GIS Conference Greg Overtoom, OLQ Office Data Coordinator Mike Hill, Senior Environmental Manager, GISP Indiana Department of Environmental Management Office of Land Quality, Science Services Branch, Engineering & GIS Section February 17, 2009

2 Welcome Wish you were here!

3 Institutional Controls (ICs) Legal or administrative tool used to eliminate exposure to residual contamination Non engineered instruments Can be layered or implemented in series and with physical controls Primarily used as part of a closure decision, not intended to replace remediation May be used during all stages of the corrective action process for RCRA sites until final remedy achieved

4 Institutional Control Types Information devices such as Deed Notices or signs explaining contamination Zoning ordinances Groundwater ordinances well drilling prohibitions, well use advisories, etc. Environmental Restrictive Covenants IDEM uses ERCs as the primary type of IC

5 Engineering Controls (ECs) Engineered Controls (physical controls) Caps/Covers/Liners Slurry Walls/Sheet Piling Hydraulic Control of Ground Water Solidification/Stabilization Vapor Mitigation Systems Fences

6 What is an Environmental Restrictive Covenant (ERC)? An institutional control that limits use of an land area affected by environmental contamination. Lists all environmental controls (ICs and ECs) required Is a legally binding document Is recorded as part of the property deed Must remain attached to the property deed duntil IDEM approves removal of the ERC Viewable via a property deed title search May restrict titall of a property parcel or a smaller area of a parcel

7 Purpose of an ERC Eliminate exposure pathways Provide an enforcement instrument Providepublicrecord record of residual contamination or waste Identify future activities that would not meet no significant risk threshold

8 ERC Applicability An ERC may be used as part of an environmental remediation solution in these situations: Contaminant concentrations exceed certain levels It is not technically feasible to remove all contamination The contamination ti is contained ti and does not pose an immediate threat to human health The land will remain in industrial i use

9 Legal Definition IC any deed restriction, restrictive covenant, environmental covenant, environmental notice, or other restriction or obligation that: (1) limits the use of the land or the activities that may be performed on or at the land or requires the maintenance of any engineering control on the land designed to protect human health or the environment; (2) by its terms is intended to run with the land and be binding on successors; (3) is recorded with the county recorder's office in the county in which the land is located; and (4) explains how it can be modified or terminated.

10 What s in an ERC? Description of environmental restrictions for the site Definition of the long term stewardship obligations of the owner Description and/or visual portrayal of: Type of contamination (Contaminants of Concern) Levels of contamination at the time the ERC is placed Location of contamination and ECs

11 IDEM s Role Provide ERC guidance to regulated community Review and approve ERC content Collect and store Institutional Control information IDEM ERC template Institutional Controls Registry Provide ERC information to the public Virtual File Cabinet Institutional Controls Registry Institutional Control boundaries and point locations on IndianaMap (March 2009)

12 GPS Data Requested When contamination remains at the site above the riskbased industrial closure levels When an Engineering Control serves as a barrier to prevent exposure to contamination

13 LUST/ELTF 127 ERCs Brownfields Program 66 ERCs Superfund/DERP ~32 ERCs State Cleanup 27 ERCs ERC Numbers by Program SCU VRP Voluntary Remediation Program 20 ERCs APPROXIMATELY 350 ERCs TO DATE RCRA Corrective Action ~ 5 ERCs RCRA BF SF LUST

14 IC Information Sources IDEM Institutional Control Webpage ERC Submittal Guidelines IndianaMap OLQ SpatialDataCollectionStandards Standards ds.pdf

15 Affidavit for Recording ERC

16 Running with the Land

17 Restrictions and Obligations A1

18 Slide 17 A1 this is cut off - should it be?? :-) Author, 11/19/2008

19 Finding the location for an ERC UsethePublic LandSurveySystem System (PLSS) The Public Land Survey System (PLSS) is a way of subdividing and describing land in the United States. All lands in the public domain are subject to subdivision by this rectangular system of surveys, y, which is regulated by the U.S. Department of the Interior, Bureau of Land Management (BLM). Locate the Point of Beginning (POB)

20 Non Survey Areas in Indiana

21 Non Survey Area Descriptions

22 Using Coordinate Geometry (COGO) To Create Displayable Polygons Software Used: ArcInfo 9.3 COGO Toolbar Traverse Command

23 Exhibit A Legal Description of Real Estate

24 First call Legal Description

25 Input of a Distance Bearing call for a Metes and Bounds description. This call heads east 50 feet.

26 First call traverse

27 Second call Legal Description

28 This call heads south 250 feet.

29 Second call Traverse

30 Third call Legal Description

31 This call heads east 200 feet.

32 Third call Traverse

33 Fourth call Legal Description

34 This call heads north 250 feet.

35 Fourth call Traverse

36 Fifth call Legal Description

37 This call heads west 200 feet.

38 Fifth call Traverse

39 Final Polygon Created

40 COGO ed Polygons

41 COGO ed Polygons with Exceptions in Red

42 Exhibit A Legal Description of Real Estate

43 Final COGO ed Polygon

44 County Parcel Information

45 Exhibit A Legal Description of Real Estate #1

46 Exhibit A Legal Description of Real Estate #2

47 Final COGO ed Polygon

48 County Parcels Displayed

49 Final COGO ed Polygon

50 Final COGO ed Polygon

51 Final COGO ed Polygon

52 Final COGO ed Polygon

53 Final COGO ed Polygon

54 Final COGO ed Polygon

55 Final COGO ed Polygon

56 Final COGO ed Polygon

57 County Parcels Displayed

58 Existing ERCs in Indiana

59 Citations: Article: The Public Land Survey System < a_plss.html>. Accessed 2008 Nov 17 Graphic: The Public Land Survey System < a_plss.html>. Accessed 2008 Nov 17 Graphic: Indiana Land Surveys, Their Development and Uses < Y 237.html>. Accessed 2009 Feb 11

60 Questions