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Terradex provides expert advisory services with regard
to institutional controls and engineeringcontrols. Terradex clients
include those concerned about such controls:
environmental consultants, responsible parties, attorneys, lending and insurance institutions, federal and state
agencies, or municipalities.
- Achieving CERCLA Liability Protection and Equivalent State Protections: Terradex can help landowners take advantage of
federal or state liability protections when brownfield properties
are redeveloped. CERCLA's "Continuing Obligations"
place numerous statutory requirements on the landowner who wishes
to maintain liability protections. Terradex prepares Continuing
Obligation Plans that discern appropriate continuing obligations
based on findings of the "All Appropriate Inquiry" and
the planned land use. These plans include recommendations for
monitoring and maintenance of institutional controls and
engineered controls, as well as an interpretation of appropriate
"reasonable steps" for health and environmental
protection across the term of ownership.
- Designing
Institutional Control and Engineering Control Programs: Terradex can advise responsible parties
on how institutional controls can be applied to create
a cost effective remedy. Terradex evaluates the effectiveness
and practicality of proprietary controls (i.e. deed restrictions), governmental controls, and
information controls. Engineered controls can be protected
through the use of institutional controls or
through systematic tracking and monitoring. We can introduce
clients to financial assurance mechanisms to maintain land use
controls over time.
- Setting up Institutional Programs on State and Municipal Level:
As
municipalities become active stakeholders in brownfield
redevelopment, they assume new duties to interpret health and
environmental implications of development on contaminated
property. Terradex can serve as an intermediary between
government agencies and private parties by providing design
review and advisory services. When needed, Terradex can develop
Land Use Control and Implementation Plans (LUCIPS) for use by
municipalities.
- Training and Education Programs and Seminars:
Terradex routinely provides
educational training on institutional controls and their
implementation and monitoring. Terradex has also
provided training on the preparation and use of Continuing
Obligation plans. These training seminars may be in person,
or delivered through the Internet.
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