Institutional Control Tracking System

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, ground water 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. NDEE has developed a model covenant (See Attachment 2-7) 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. Instructions for submitting the annual notification for compliance can be found here.