The use of institutional controls is becoming more common as state cleanup programs increase the use of risk-based cleanups that consider the future land use of a contaminated site to allow some contamination to be left in place. 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. The State of Nebraska also has passed the Uniform Environmental Covenants Act (see Attachment 2-7) which allows the use of a restrictive covenant that is fully integrated into the traditional real property system to ensure long-term enforceability of the covenant. NDEQ 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.
