EP 1110-1-24
15 Dec 00
1-1. Introduction.
a. The OE response process is designed to enhance public safety and protect the human
environment from OE remaining from past DOD operations. The typical strategies for addressing the
presence of OE on a site are physical removals and institutional controls. Although physical removals
are conducted to reduce the amount of OE at a site, current technologies are not adequate to provide
for the detection and removal of all ordnance. Therefore, institutional controls are implemented to
manage residual risk remaining at an OE site. Institutional controls are also sometimes put into place
without a physical removal, as a stand-alone response.
b. Risk from OE can be managed if the public is informed about the hazards, is willing to take
reasonable precautions, and is willing to alter their behaviors. This document will focus on how
institutional controls may be used to successfully manage OE risk. This document will emphasize the
importance of encouraging meaningful stakeholder participation, supporting community needs and
fostering long-term community commitment during the development, implementation and maintenance of
institutional controls.
1-2. Policy. The policy of the USACE is to establish and maintain institutional controls in a manner
which fully meet customers' expectations of quality, timeliness, and cost effectiveness within the bounds
of legal responsibility. An acceptable level of quality does not imply perfection; however, there should
be no compromise of functional, health, or safety requirements. Adherence to the Quality Management
principles outlined in Engineer Regulation (ER) 5-1-11, Program and Project Management and ER
1110-1-12, Quality Management, will contribute to achieving this goal. OE response procedures must
be formulated to ensure harmony with the USACE Strategic Vision and should be executed in concert
with activities presented in other USACE guidance.
1-3. Regulatory Authorities.
a. Major Subordinate Commands (MSC), district commands, OE Design Centers, and the OE
Mandatory Center of Expertise (MCX) will comply with all applicable laws and regulations. The
district, which serves as the Project Manager (PM), will provide general legal services. For Formerly
Used Defense Sites (FUDS) projects, the determination of the laws and regulations governing
environmental aspects for any specific OE project will be made in consultation with the OC supporting
the OE MCX. In the event of any sort of dispute with a regulator over the governing laws on a FUDS
project, the district providing general legal services will represent the agency in negotiations or adversary
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