Institutional Controls
Indiana's Department of Environmental Management (IDEM) Office of Land Quality has a variety of programs to address the clean up of contaminated land and groundwater. For example, one program focuses on leaking underground storage tank sites, and another on currently operating industrial sites.
IDEM uses the Risk Integrated System of Closures (RISC) to provide consistency across cleanup programs. For property owners or potentially responsible parties who are involved in a site's cleanup, RISC provides flexible procedures for conducting site assessments, consistent risk-based closure goals, and flexible cleanup alternatives including remediation to land use based standards.
When any amount of contamination above a residential closure level is left on site, a legal measure called an Institutional Control (IC) may be needed. An IC protects human health and the environment by restricting property activity, use, or access. As an example, the RISC guidance may allow a site to be remediated only to levels appropriate for industrial or commercial uses. In this case, an IC would be required that would restrict the use of the property to non-residential purposes in the future.
A list of sites with ICs, called the IDEM Institutional Controls (IC) Registry [PDF], is now available for viewing on IDEM’s Risk Integrated System of Closure (RISC) website. When fully populated, this registry will provide a list of all sites where RISC guidelines allowed for a risk-based closure with some type of land use restrictions or engineering controls after remediation.
The IC Registry is being rolled out in phases as site records get scanned in IDEM’s Virtual File Cabinet. IDEM cleanup programs listed in the IC Registry include the Leaking Underground Storage Tanks Program, Voluntary Remediation Program, State Cleanup Program, RCRA Corrective Action, Federal Programs, and the Indiana Brownfields Program (administered by the Indiana Finance Authority).
The IC Registry will assist in IC tracking efforts and provide public information on cleanup sites in Indiana communities. Information included will help visitors locate and visualize IC sites in the state. The IC Registry includes information such as the site address, county, city, IDEM cleanup program overseeing the project, and the types of land use restrictions applicable for the site. The registry also has interactive features including a link to view the actual IC document using IDEM’s Virtual File Cabinet, and, where available, Internet mapping technology for an aerial view of the site.
Institutional Controls
An Institutional Control (IC) is a legal measure that protects human health and the environment in cases where risk-based cleanups have resulted in residual contamination being left on site. ICs minimize the potential for human exposure to residual contamination by restricting activity, use, and access. As an example, a landowner may promise or “covenant” not to develop a site for residential use and to use it only for commercial or industrial purposes. The most common type of IC approved by IDEM is an Environmental Restrictive Covenant (ERC). ERCs may be used in all of IDEM’s remediation programs when approved as part of a site’s remedial work plan.
IDEM has the authority to enforce ERCs that are created in connection with any remediation, closure, cleanup, or corrective action approved by IDEM per Indiana Code § 13-14-2-6(5). In accordance with Indiana Code § 13-11-2-193.5, ERCs must meet the following criteria:
- limit land use type, restrict activities, or list engineering controls to protect human health and the environment;
- be recorded in the county recorder’s office where the site is located;
- be designed to obligate future property owners (‘run with the land’); and,
- explain how the ERC may be modified or terminated.
Frequently Asked Questions
1. Is the IDEM Institutional Controls Registry a complete list of all closed or contaminated sites in Indiana?
No, the IDEM IC Registry is not a complete list of all closed or contaminated sites. Sites on the registry include those where IDEM has approved a risk-based closure decision which included the placement of land use restrictions, and in some instances, engineering controls. IDEM is in the process of populating the IC registry with these sites and the IDEM IC Registry reports available on the web site will be updated at least monthly.
There are several IDEM Office of Land Quality program areas that follow risk-based closure guidelines. These program areas include the Leaking Underground Storage Tank (LUST) program, the Voluntary Remediation Program (VRP), the State Cleanup Program (SCU), RCRA Corrective Action Program, and the Indiana Brownfields Program (administered by the Indiana Finance Authority).
2. What information is provided in the IDEM Institutional Controls Registry?
The IC Registry report lists site summary information including the site name, address, city, county, IDEM program area, and the types of restrictions placed on the property. In addition, the reader can click on the ‘View’ link to the left of each record to bring up an electronic copy of the actual IC (typically an Environmental Restrictive Covenant) through IDEM’s Virtual File Cabinet electronic document repository.
If further information about a site is sought, copy down the Office of Land Quality Program ID (shown in the IC Registry report to the right of the site name). This number can be used as a search index in IDEM’s online public records repository, the Virtual File Cabinet . Simply click on the ‘Enhanced Search’ option, enter the Program ID number in the provided box and hit Search. Any records for the site that have been scanned into the Virtual File Cabinet will be available for browsing.
3. How often will the registry be updated?
IDEM plans to update the IC Registry report at least once a month.
Who is responsible for maintaining compliance with institutional controls?
The property owner of the land is responsible for compliance with any land use restriction regardless of when they obtained the property, unless another party has a legally enforceable responsibility to do so. If the property changes ownership, the obligations typically transfer over to the new property owner. Environmental Restrictive Covenants, the major type of IC endorsed by IDEM, are designed to obligate future property owners [Indiana Code 13-11-2-193.5, Indiana Code 32-20-3-2(6)].
5. What is the difference between Institutional Controls and Engineering Controls?
An institutional control is a legal or institutional measure subjecting a property owner to limit activities, restrict the type of land use, or, in certain instances provide notification to IDEM (for example, when site ownership changes) for a particular property. Engineering Controls are the physical means used to eliminate or reduce exposure to residual contamination on a property. Examples of engineering controls include, but are not limited to: caps; covers; vapor mitigation systems; horizontal or vertical barriers; and hydraulic control of groundwater. If an engineered control is required as part of an approved remedial plan, a reference to it will be included in the approved Environmental Restrictive Covenant.
Environmental Restrictive Covenant Template [DOC] (tailored to Leaking Underground Storage Tank sites)
Additional Resources
Non-Rule Policy & Guidance Documents
Rules & Laws
Other Links
- IDEM Federal Programs
- IDEM Leaking Underground Storage Tank Program
- IDEM State Cleanup Program
- IDEM Voluntary Remediation Program
- Indiana Brownfields Program (administered by IFA)
- IDEM RISC: Risk Integrated System of Closure
- U.S. EPA Land Use and Institutional Controls
- Land Use Controls
Questions or Comments?
Email questions and/or comments to "olqdata at idem.in.gov".
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