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Appendix B - Summary of Primary Issues and Barriers Identified by Participants

I. Barriers and Other Issues of Concern Associated with Implementation

  • Issues associated with Institutional Control (IC) language in Records of Decision (RODs), Remedial Designs (RDS) or other documents, including:
    • Vague or inconsistent language;
    • Inadequate language;
    • Inconsistent definitions; and
    • Vague monitoring and enforcement provisions in IC documents
  • Inter-agency coordination
  • Poor planning, which may result from:
    • A lack of qualitative data on IC effectiveness, or
    • General misconception about IC reliability
  • Implementing ICs when the cooperation of non-Potentially Responsible Parties (PRPs)/non-signatory parties is required
  • Inadequate guidance or understanding of how to estimate the full life-cycle costs of ICs
  • State assurance for Operation and Maintenance (O&M and property transfers as required by 104(j)
  • Adequacy of the capability/capacity of implementing parties
  • Community acceptance
  • State authority to implement ICs often relies upon common law
  • Redevelopment tensions (e.g., demands for removals, other political tensions)

II. Barriers or Other Issues Associated with Monitoring

  • Assignment of responsibilities
  • Lack of a consistent process for monitoring
  • Funding mechanism
  • Lack of good information and an adequate information infrastructure
  • Capability/capacity of monitoring party
  • Coordination among all parties

III. Barriers and other Issues of Concern Associated with Enforcement

  • Vague or contradictory language
  • Applicability of fifty different states' laws and administrative procedures
  • Duplicative enforcement responsibilities (e.g., enforcement of consent decree (CD) by EPA/enforcement of proprietary control by grantee)
  • Coordinating responsibilities
  • Use of common law/lack of explicit statutory authority
  • What are the enforcement options after an IC failure?
  • Termination/completion of ICs
  • How can ICs be enforced against non-liable parties (e.g., subsequent owners)
  • Lack of resources, technical experts in some local jurisdictions
  • Enforcement options when zoning is changed

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