Background
The use of institutional controls is increasingly common because of state cleanup programs’ use of risk-based cleanups, which allow some contamination to be left in place depending on future land use of a contaminated site. Institutional controls are defined as non-engineered instruments, such as administrative and/or legal controls, that help to minimize the potential for human exposure to any contamination left in place and/or to protect the integrity of a remedy. Examples of common institutional controls include easements, covenants, groundwater use restriction ordinances, zoning restrictions, and special building permit requirements.
Nebraska’s Uniform Environmental Covenants Act allows the use of a restrictive covenant that is fully integrated into the traditional real property system to ensure long-term durability of the covenant. The Nebraska Department of Environment and Energy (NDEE) has developed a model covenant pursuant to the Uniform Environmental Covenants Act to assist in the preparation of an environmental covenant as part of an overall cleanup plan.
The model covenant includes language that the current fee simple owner of the property submits written documentation to NDEE on an annual basis verifying that the activity and use limitations remain in place and are being complied with. These instructions and the attached Annual Notification for Compliance with Activity and Use Limitations form are meant to assist the current fee simple owner of the property in providing the necessary information to NDEE in a consistent reporting format. This will help NDEE determine whether the property use is in compliance with the established activity and use limitations and meets any other obligations of the environmental covenant.
Instructions
The Annual Notification for Compliance with Activity and Use Limitations form is intended to assist the current fee simple owner of the property with the required compliance reporting provision in the environmental covenant. Please attach any necessary pertinent and/or supporting documentation when completing this form.
Contact:
Phone:
(402) 471-6411
Email:
ndee.vcpbrownfields@nebraska.gov
Mailing:
Brownfields and Voluntary Cleanup Program Coordinator
Monitoring and Remediation Division
Nebraska Department of Environment and Energy
245 Fallbrook Blvd., Suite 100
Lincoln, NE 68521