EP 1110-1-24
15 Dec 00
(1) In order for an institutional control to be effective in protecting the public from residual
contamination at a site, periodic monitoring and inspection activities must be a part of the institutional
control program. The institutional control plan should address the need to maintain access to a property
for monitoring and inspection requirements. This may be accomplished through the use of an easement.
Appendix G contains sample language for such an easement. Access to a site could also be
accomplished under a right-of-entry agreement, however such an agreement is binding only on the
current landowner and may be voided if the property is sold. In contrast, a properly executed easement
will run with the land, ensuring access to the property for the extent of long-term monitoring required by
institutional controls.
(2) Type of Inspections. Legal mechanisms such as deed restrictions, permitting programs,
zoning ordinances, and siting restrictions will require periodic site visits to ensure that the controls are
being obeyed. The exact content of these site visits will vary depending on site specific characteristics
and restrictions, but may entail visual observation of land use and interviews with property owners,
neighbors, and users. Such interviews should ascertain whether the current use(s) are appropriate for
the site's conditions relative to the residual contamination and whether the land use is in compliance with
the institutional control program. Engineering controls such as signs, fences, and soil caps will require
similar site visits which, in addition to an assessment of land use and site activities, will also include
inspection of the integrity of the physical control.
(3) Areas to be Inspected. Any areas containing residual contamination which is being controlled
by an institutional control should be included in a site inspection. It may also be appropriate to observe
surrounding land use during the inspection to evaluate whether the assumptions made at the time the
institutional control plan was developed are valid and whether the chosen control is still protective of
human health.
(4) Frequency of Inspections. When contamination is left in place and an institutional control
program has been used to limit the risk, the Federal Government is required to review the remedy at
least every five years. More frequent inspections may be necessary in the case of land use controls, for
example, when the site is located in an area of rapid or continual development. More frequent
inspections may also be required by certain statutes that may have been used as part of an institutional
control program. For example, the Sikes Act which was used at Aberdeen Proving Ground, Maryland
to designate two OE-contaminated sites for use as Natural Resource Management Areas, requires
regular review (not less often than every five years) of the operation and effectiveness of the plan in
terms of natural resource management and yearly reports on related activities. USACE districts are
responsible for coordinating these inspections and reviews.
h. Appendix I contains a checklist addressing operations and maintenance issues for institutional
controls.
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