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