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Devin Seckar, ITRC: The interstate technology and regulatory Council is a program of the Environmental Council of the States.

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Devin Seckar, ITRC: We are a statewide organization composed of over 1000 members from state agencies Federal Government, the private sector, academia and Community stakeholders.

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Devin Seckar, ITRC: Are members participate in technical teams which produce tools resources and training courses, such as the one you're participating on today.

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Devin Seckar, ITRC: If you would like to be a part of it RC please visit our website or feel free to contact us directly on our website, you can register for teams and learn how you can become an active member.

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Devin Seckar, ITRC: The full it RC disclaimer is available on our website, if you plan to use any it or see materials we do ask that you review that policy in detail and be sure to credit it or see.

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Devin Seckar, ITRC: It I see is partially funded by the US Government ICRC nor the US Government more into the material or excuse me, the materials nor induce any specific products.

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Devin Seckar, ITRC: On slide number five I appreciate the opportunity to introduce our expert trainers today.

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Devin Seckar, ITRC: All of them have been active members of it or sees long term contaminant management using institutional controls team over the years.

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Devin Seckar, ITRC: Not only do they serve as volunteer trainers for ITC they have dedicated many hours to develop this guidance document, the special thank you to all of them for participating today.

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Devin Seckar, ITRC: If you would like to read more about their expertise, you can access their bios and their related links section, including by clicking the presenter slide or excuse me, the presenters tab on the on the trading page with that i'm going to hand it over to Kevin to get us started today.

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Kevin Schrems, EGLE: Okay, thank you devin and thank you to all the attendees who are participating today.

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Kevin Schrems, EGLE: we're excited for the opportunity to introduce to you or reintroduce to you the guidance document that is available that's been with it or C for over five years before the other trainers dive into the specifics of our.

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Kevin Schrems, EGLE: materials, I want to take some time for institutional controls and set the stage lay the groundwork on how our guidance was developed and how it might be beneficial to you.

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Kevin Schrems, EGLE: So for many of you on the call the concept of leaving contamination in place was previously, not an acceptable way of achieving closure under most regulatory programs.

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Kevin Schrems, EGLE: Most programs required contamination to be cleaned up to background or native concentrations.

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Kevin Schrems, EGLE: Since the mid 1990s risk based corrective action, some people refer to it as Rebecca and the use of ISIS have become an important part of many federal state and local cleanup and brownfield programs.

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Kevin Schrems, EGLE: I sees are generally administrative or legal controls that help to minimize the potential for exposure now and into the future, to contamination and protect the integrity of the remedy.

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Kevin Schrems, EGLE: I sees have helped fuel redevelopment and reduce the cost and time to achieve closure as many sites.

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Kevin Schrems, EGLE: As an aside, where i'm from the state of Michigan has had the tagline of our for our or remediation for redevelopment emphasizing considering sites for remediation work based on the potential for redevelopment of the site and the environment and public health risks.

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Kevin Schrems, EGLE: Now for more background discussion of institutional controls, you can read the ICRC 2008 document that is noted on the screen.

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Kevin Schrems, EGLE: The terminology and process descriptions used in this guidance are consistent with those used in the federal superfund Program.

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Kevin Schrems, EGLE: In addition to the bullets, the picture on the right half of the screen also visually illustrates the differences between engineering controls which are vapor barriers physical or hydraulic containment asphalt or concrete or vapor mitigation systems.

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Kevin Schrems, EGLE: Now, in institutional controls are those paper descriptions illegal district of restrictions, these can include deed restrictions ordinances or other state or local regulations.

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Kevin Schrems, EGLE: protect the integrity of the engineering control or minimizes the potential for human exposure to contamination.

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Kevin Schrems, EGLE: Now, both of these terms are incorporated under the umbrella of land use controls, these are used to provide protection from exposure to contaminants that exist or mean on the site.

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Kevin Schrems, EGLE: Upon initiating the process of developing this guidance I terrace he understood that state agencies use I sees I contaminated sites as remedies that's pretty common.

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Kevin Schrems, EGLE: However, we did not know the full extent of their use, I terrace he also did not understand the various State Agency ice selection and implementation processes.

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Kevin Schrems, EGLE: Or the regulatory framework governing the I sees in a particular state Finally I Tara see wanted together and determine how States manage and fund those institutional controls.

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Kevin Schrems, EGLE: Once they are in place, along with any data indicating that state agencies performed monitoring tracking enforcement and stakeholder outreach.

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Kevin Schrems, EGLE: to better understand these questions I tear see surveyed existing state programs to determine what makes these programs effective.

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Kevin Schrems, EGLE: And what issues affect the long term durability of institutional controls the survey was submitted to ITC representatives for all 50 states and 44 responses were received.

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Kevin Schrems, EGLE: Overall, the survey responses have been used to identify which elements help maintain or create a more effective long term institutional control Program.

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Kevin Schrems, EGLE: shown on the screen this guidance focuses on ice is already in place, rather than the details of selecting institutional controls.

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Kevin Schrems, EGLE: Properly selecting an implementing ice, however, is essential for long term durability and effectiveness, therefore, this guidance provides a summary of some of the key components that are considered when choosing an icy.

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Kevin Schrems, EGLE: Now, during the presentation and in our guidance document, you will see this diagram which illustrates the five essential elements of the icy lifecycle.

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Kevin Schrems, EGLE: Beneath the elements of the life cycle, we list the critical components that must be considered to achieve a successful ice management Program.

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Kevin Schrems, EGLE: These essential elements and components, essentially the form the structure of the guidance document and various sections in the guidance document address each of these elements together these create an effective long term stewardship Program.

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Kevin Schrems, EGLE: As the participant presenters transition between each element, you will see this figure reappear on the screen highlighting the next topic.

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Kevin Schrems, EGLE: This guidance is relevant to environmental regulators at all levels of government, private and public responsible or obligated parties.

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Kevin Schrems, EGLE: Current site owners and operators environmental consultants perspective purchasers of property and those in the real estate world.

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Kevin Schrems, EGLE: Additionally, stakeholders who have an interest in property will find this guidance helpful and understanding the elements required to manage institutional controls.

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Kevin Schrems, EGLE: This guidance also assists those who are responsible for the stewardship of ice by describing critical elements and best practices for an icy management Program.

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Kevin Schrems, EGLE: Much of this document is based on the successes and lessons learned from established state and federal agency programs.

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Kevin Schrems, EGLE: As a part of the guidance I Tennessee has also developed a downloadable tool that can help to create a long term stewardship plan to to specific sites.

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Kevin Schrems, EGLE: This tool incorporates the various ic management practices presented here to assist in the early stages of site specific ic planning stay tuned.

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Kevin Schrems, EGLE: So i'd like to offer an example from my state to describe an example of a failure of institutional control because they have, and unfortunately may continue to exist, especially with the increase in reliance on institutional controls.

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Kevin Schrems, EGLE: A prospective purchaser of property was conducting due diligence prior to purchasing that property, the property was the location of a former leaking underground storage tank that was closed in 1997.

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Kevin Schrems, EGLE: With an institutional control in the form of a deed restriction, which included groundwater use restriction and requirement that the property retain its commercial zoning.

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Kevin Schrems, EGLE: During the due diligence efforts, the perspective purchaser found that the property had been split into two parcels since the original deed restriction one now parcel being zoned as residential with a home built and new drinking water well established.

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Kevin Schrems, EGLE: In 2001 the circumstances went undetected by the regulatory agency until.

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Kevin Schrems, EGLE: When a prospective purchaser called the regulatory agency asking about the closure and the land use restrictions concerning the well.

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Kevin Schrems, EGLE: A subsequent invest investigatory work was conducted and fortunately determine that the new resident.

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Kevin Schrems, EGLE: and drinking water well we're side gradient of the contaminated groundwater plume and the violations of the land use restriction did not result in a long term exposure to groundwater contamination.

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Kevin Schrems, EGLE: The breach of the institutional control had occurred a mere four years after placement of the restrictions on ground water and land use, this should be well within the institutional knowledge that can be reasonably expected of an agency staff.

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Kevin Schrems, EGLE: With land use and permitting agencies operating as separate entities from the regulatory Environmental Agency, the lack of an outreach program and monitoring program lead to confusion and ultimately the permitting of a drinking water well.

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Kevin Schrems, EGLE: zoning change split parcels with different addresses and parcel ID numbers.

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Kevin Schrems, EGLE: From the original parcel that contain the restrictions, presumably an outreach program aimed at local health departments.

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Kevin Schrems, EGLE: Which is the water well permitting agency, they would have likely known of the contaminated groundwater in the area and would have been better informed about the groundwater use restrictions.

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Kevin Schrems, EGLE: In recent years the regulatory agency has implemented a outreach program with the health department.

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Kevin Schrems, EGLE: To discuss the use of an online environmental mapper and database to ensure that they have all the information to fully evaluate drinking water well applications and the system in making good and protective permitting decisions.

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Kevin Schrems, EGLE: So.

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Kevin Schrems, EGLE: We heard about one example of why I sees phil let's see some other examples and devin brought up a poll, so if we can vote on that, then we can dive in a little bit deeper into what you've experienced.

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Kevin Schrems, EGLE: Okay, if we can see those results.

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Kevin Schrems, EGLE: Okay, so somewhat similar to previous ideas he presentations of the front runners for the voting typically involves either communication is not.

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Kevin Schrems, EGLE: Adequate or the monitoring of the institutional control is inadequate and, in this case communication.

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Kevin Schrems, EGLE: was again the lead issue for folks and then some of the other issues, monitoring, reporting, those were kind of side by side with some of the institutional control failures.

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Kevin Schrems, EGLE: So, as our guidance document lays out.

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Kevin Schrems, EGLE: There can be a physical break of a barrier inadequate reporting inadequate monitoring violations of the restrictions.

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Kevin Schrems, EGLE: And finally, inadequate communications sometimes the location of contamination isn't described sufficiently or databases or other mechanisms that could be used as tools may not be available.

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Kevin Schrems, EGLE: Now, what makes institutional control failures, a significant issue, as I was previously alluding to is that the potential for exposure grows as more ice are used and not properly managed and monitored.

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Kevin Schrems, EGLE: To illustrate the universe of ice use across the nation this map indicates that 60% of states that responded to our survey.

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Kevin Schrems, EGLE: stated that they have over 200 institutional controls in place in their states, but what we have seen is that the programs to manage the ice is very widely and some States did not have any formal institutional control management Program.

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Kevin Schrems, EGLE: There are solutions to prevent failures of institutional controls which is presented in it sees new guidance document and discussed in today's presentation.

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Kevin Schrems, EGLE: And I see can only remain effective, so long as its continued to be recognized respected and upheld by the affected stakeholders.

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Kevin Schrems, EGLE: Not only does the awareness of a new institutional control need to be communicated to the affected community, but this awareness should be maintained throughout the life of the ic.

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Kevin Schrems, EGLE: stakeholder outreach discuss later in the presentation includes identifying and evolving internal and external stakeholders throughout the icy life cycle so again, it focuses on that communication aspect that is a potential lead for failure.

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Kevin Schrems, EGLE: And it addition to the guidance document, as I said before, I chair, see went one step farther and developed a downloadable tool that takes users, through the process of planning and designing ice management needs.

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Kevin Schrems, EGLE: This tool can help create a long lasting record of the site that includes regulatory authority details of the ic the responsibilities of all parties a schedule for monitoring the performance of ice and more.

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Kevin Schrems, EGLE: The tool generates an editable long term stewardship plan in Microsoft word, if you are a consultant regulated entity, who is performing a State funded closure on sites with long term monitoring.

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Kevin Schrems, EGLE: or any other type of individual in the regulated Community you really want to stay tuned to near the end of today's session, where we will provide a brief tutorial on this tool.

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Kevin Schrems, EGLE: up next is Doug birch representative from ramble who will be briefly discussing planning and implementation and then stakeholder outreach.

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D Burge: Ramboll: Thanks Kevin so.

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D Burge: Ramboll: here's our life cycle diagram you see a lot of it in the upcoming presentation kevin's already introduced it.

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D Burge: Ramboll: As you can see, the first two elements on that are planning and implementation now, so our guidance assume that the planning and implementation part of this has already been done.

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D Burge: Ramboll: we've moved on to the next stage, which is the long term, management and maintenance of the institutional controls, you know we as a group realize there's no need to reinvent the wheel oh there's already as we as Kevin mentioned there's some ITC ICRC.

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D Burge: Ramboll: guidance on implementing institutional controls there's state guidance federal guidance, which is all great and i've used it quite a bit I close the site in nebraska using nebraska's.

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D Burge: Ramboll: Guidance i'm literally writing and completion record right now that includes institutional controls in Illinois and their guidance is great.

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D Burge: Ramboll: But where it tends to come up a little short is the long term management of those institutional controls it's great for the sprint of getting the institute's controls implemented, but then you have the marathon afterwards, of maintaining those institutional controls over the long term.

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D Burge: Ramboll: But, since these are portions of the beginning of an institution control, I want to provide a brief summary on planning and implementation.

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D Burge: Ramboll: whoops sorry.

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D Burge: Ramboll: Okay, the first elements planning, so that means know your site.

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D Burge: Ramboll: assess the characteristics know what's going on, I mean that kind of goes without saying, I think most of us on this call know that if you're going to work on a site, you have to know what the issues are.

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D Burge: Ramboll: And what the issues aren't if you don't know that you're not going to be able to design and institutional control that serves the purpose of protecting public health.

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D Burge: Ramboll: So also another thing in part of this planning is plan for the cost of a institution control.

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D Burge: Ramboll: there's the short term costs of actually creating the institutional troll putting in reports and whatnot.

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D Burge: Ramboll: But also there's a long term management costs associated with institutional controls are not to get out of jail free card, you have to be prepared to maintain things over the long term, once you start with them.

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D Burge: Ramboll: So implementation.

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D Burge: Ramboll: that's formalizing your ice now once you've completed the flight planning phase you've moved on to implementation.

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D Burge: Ramboll: But it's more than just a piece of paper sitting in your local recorders office it's just the beginning of your journey like I said you're starting your marathon now.

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D Burge: Ramboll: So almost half of the respondents to our survey ICRC survey indicated the lack of proper implementation was a reason for icy failure so long term stewardship is a critical element and successfully implementing the institutional control that's part of the continuing implementation.

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D Burge: Ramboll: And as Kevin mentioned.

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D Burge: Ramboll: Later in this will have a discussion of a tool we put together Lynn Bailey is going to be providing the summary on that that talks to the sponsor and stewardship plan, which is very helpful something to consider him for maintaining that implementation over the long term.

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D Burge: Ramboll: So, moving on to the critical components.

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D Burge: Ramboll: for communication and outreach the critical components of these.

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D Burge: Ramboll: Are to.

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D Burge: Ramboll: identify your stakeholders.

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D Burge: Ramboll: establish and maintain communication with those stakeholders and also you need to inform the stakeholders of their roles and responsibilities with the institutional control.

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D Burge: Ramboll: Now, these are all like ingredients, if you have them all in the proper amount you're going to have a good institution control, but if you miss out.

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D Burge: Ramboll: You don't inform stakeholders and you limit how much you form stakeholders you're not going to have a successful outreach.

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D Burge: Ramboll: So our survey determined that about 40% nearly half of ice failures were a direct result of inadequate communication and our poll results kind of reinforces that as well.

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D Burge: Ramboll: So, think about that that's almost half of your eye sees could have been successful if they would have communicated them properly.

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D Burge: Ramboll: So remember our success is institutional control success if you're going to fail and outreach you're going to happen institutional control failure.

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D Burge: Ramboll: So who are what our stakeholders know stakeholders are affected and or interested parties, they include a lot of groups, I mean here's a short list of them here.

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D Burge: Ramboll: We have a table in our guidance document that provides a summary of these stakeholders.

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D Burge: Ramboll: And their roles and responsibilities that they may or may not play I mean its future property owners, obviously, the actual property owner.

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D Burge: Ramboll: But there's a long list consultants construction workers it's a very long list so be aware that there's a long list of affected stakeholders and make sure you include them.

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D Burge: Ramboll: and know what their roles and responsibilities are because if you leave them out the chances are you're that's the person who's going to go out there and put in a while when they're not supposed to.

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D Burge: Ramboll: So where do these stakeholders fit in well, they all have concerns, and they all have some responsibilities at some level.

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D Burge: Ramboll: common concerns are you know, health, how is this going to affect my health or the health of people living on here.

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D Burge: Ramboll: A big one, is obviously value of the property, can I develop my property or how can I not develop my property, so you have to know what's going on with the institution controls and what.

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D Burge: Ramboll: that's a concern that you have to make sure you're addressing it so it's going to be successful.

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D Burge: Ramboll: So responsibilities include record keeping.

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D Burge: Ramboll: I have a site in Minnesota be closed out, we have the actually property owner, the current property owner, which is our client has to send in self report.

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D Burge: Ramboll: And do a letter to the State Agency to confirm that that's still maintained and hasn't been a problem at the institutional control.

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D Burge: Ramboll: So that's a responsibility, they have to take on every year it's a pretty good thing to keep them aware of things.

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D Burge: Ramboll: And also, if institute's control says not to do something you don't do it, you don't put in a while on a property that says.

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D Burge: Ramboll: Groundwater use, and you have to make sure that see you know there's a communication breakdown that it's a girl wasn't known and that when I had we went in as a Kevin talk to.

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D Burge: Ramboll: So stakeholders are wide range of individuals and groups and sort of their concerns you know their responsibilities and as well as their information so be aware of that.

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D Burge: Ramboll: So, moving on to multiple to communication methods are several of them available, the primary ones are push and pull or direct and pass about REACH.

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D Burge: Ramboll: So direct outreach, which is also known as push means you're actually literally pushing the information out to your stakeholders.

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D Burge: Ramboll: This can include something as simple as like I show here I don't eat the fish sign or I know fishing sign something very simple like that that just kind of makes people aware.

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D Burge: Ramboll: can also be something much more sophisticated like a a utility marketing request that actually locates and tells you about the institution controls on a site, you know that's not that's a very powerful tool it's not available everywhere.

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D Burge: Ramboll: My colleague mike's lewinsky's gonna speak to this a little bit later in the presentation, but it's something to know about, if you have that available make use of those sorts of things to push information out to your stakeholders.

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D Burge: Ramboll: So passive outreach is also known as poll, that means when stakeholders are actually reaching out and pulling in the information.

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D Burge: Ramboll: That starts with putting information on a property D to face research, the property deed they'll see that information on there.

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D Burge: Ramboll: and putting information searchable databases here's a actually a screenshot from the state of Missouri near my neighborhood in the city of St Louis.

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D Burge: Ramboll: And as a community member of the Community it's I consider myself a potential stakeholders, so I can look in and zoom in and find different locations where there's institutional controls and pull information out and find out what's going on.

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D Burge: Ramboll: So that I think I mentioned that site in omaha.

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D Burge: Ramboll: When we closed it our clients sold the property and it was later subdivided and we pushed information we gave information, the new property owners on that those institutional Trolls were.

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D Burge: Ramboll: will pass fast forward a few years, and one of those property owners was looking to do some additional construction on their property they reached out to me there's gonna be some explanation.

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D Burge: Ramboll: Is there going to be an issue with this, and so we talked it through and they had a pretty good handle on that they had already been provided the proper information, but they were verifying that they were.

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D Burge: Ramboll: interpreting it correctly so after that call I just well there's a perfect example of push and pull up working together in tandem.

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D Burge: Ramboll: We gave the information to the new property owner and they reached out to find that information, and so our institutional intro maintains itself in a successful so ignorance isn't bliss when it comes in institutional control.

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D Burge: Ramboll: So our ICRC survey stakeholder outreach it needs improvement.

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D Burge: Ramboll: Based on our survey the vast majority of outreach is specifically directed toward current landowners now obviously they are a very important part of the process.

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D Burge: Ramboll: But you have new land or and you're not even getting half of them involved in the process, and then you get into the tenants and a Jason property on and it starts to drop off very quickly.

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D Burge: Ramboll: Obviously there's a lot more stakeholders in this and that 20% numbers and start going down to zero to single digits and below.

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D Burge: Ramboll: And again if you're not communicating these to stakeholders or potential stakeholders you're going to have issues with your institution patrol surviving over the long term.

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D Burge: Ramboll: So use robust institutional control and outreach to educate your stakeholders identify and provide outreach to all your potential stakeholders.

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D Burge: Ramboll: be aware of and anticipate their information needs tailor that information to the stakeholders and also make it.

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D Burge: Ramboll: put it in layman's terms, I mean we tend to use a lot of big language and acronyms and whatnot.

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D Burge: Ramboll: But that's just going to fall flat on its face if someone sitting on a backhoe trying to interpret some very specific document that's very technically written make sure it's something that's understandable.

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D Burge: Ramboll: use both push and Paul communication methods as we described and remember I sees and communication of those I sees art static revisit your outreach over time there's always new potential ways to outreach.

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D Burge: Ramboll: New it could be a new state push on that new registries new ways to develop that so keep that in the back of your mind so don't just set it and forget it, you got to be aware that this is an ongoing thing.

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D Burge: Ramboll: And again, that that I see stewardship tool I think it's something that we're going to interviews with something that would be helpful in the long term, so something to think about.

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D Burge: Ramboll: So we've also we've discussed the big need for available and easily understood and up to date information on records and for stakeholder communication outreach and Carol Murphy of try hydro, is going to discuss data management and registries.

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Carol Murphy, CHMM, Trihydro Corporation: Okay, thank you Doug.

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Carol Murphy, CHMM, Trihydro Corporation: And today i'm going to be talking about registries and data management um.

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Carol Murphy, CHMM, Trihydro Corporation: I do not have the availability to forward slides so.

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Devin Seckar, ITRC: Carol I gave you control, if you want to just click your screen.

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Carol Murphy, CHMM, Trihydro Corporation: got it perfect.

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Carol Murphy, CHMM, Trihydro Corporation: Oh, how do I go back now shoot.

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Carol Murphy, CHMM, Trihydro Corporation: Sorry.

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Devin Seckar, ITRC: arrow the back arrow.

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Carol Murphy, CHMM, Trihydro Corporation: Yes, just not showing up on my screen.

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Carol Murphy, CHMM, Trihydro Corporation: Okay um if you can go back one that'd be great.

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Carol Murphy, CHMM, Trihydro Corporation: I may have to have you do it okay as Doug said i'm going to be talking about registries and data management.

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Carol Murphy, CHMM, Trihydro Corporation: While we were developing the guidance document our team determine that an effective long term institutional control management Program.

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Carol Murphy, CHMM, Trihydro Corporation: Really depended on timely discovery and accurate input of data associated with the institutional controls, so we determined that a key attribute to a successful ic management Program.

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Carol Murphy, CHMM, Trihydro Corporation: would include methods to manage the data so that is readily available to the various stakeholders that Doug talked about previously.

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Carol Murphy, CHMM, Trihydro Corporation: And to tie this into what Doug talked about i'm communication methods registries can be used as a tool to communicate institutional controls to the various stakeholders and would qualify as a poll method of communication.

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Carol Murphy, CHMM, Trihydro Corporation: So what are we talking about when we talk about registries and why do we think a registry, is important.

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Carol Murphy, CHMM, Trihydro Corporation: Well, institutional controls are commonly recorded on property deeds or covenants that are often recorded at a local land records office or a local agency office.

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Carol Murphy, CHMM, Trihydro Corporation: And this system presents limitations that can result in lack of awareness of the institutional control so, for example.

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Carol Murphy, CHMM, Trihydro Corporation: The terms of the institutional control the details of the institutional control and the requirements of it may only be reviewed.

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Carol Murphy, CHMM, Trihydro Corporation: Occasionally during property transactions and if the property has not had experienced such right transaction in a while.

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Carol Murphy, CHMM, Trihydro Corporation: The owner or operators of the facility may actually have forgotten about the institutional controls.

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Carol Murphy, CHMM, Trihydro Corporation: Or the restrictions may have never been disclosed in the first place to say an operator or a tenant at the property, you know the owner might know about the institutional control, but an operator or attendant may not have been notified.

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Carol Murphy, CHMM, Trihydro Corporation: And then also regulators when institutional control is filed away the deed office a regulator may not be able to easily recognize non compliance with the institutional control if they're not aware of it either they have actually read it.

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Carol Murphy, CHMM, Trihydro Corporation: So a data management system and a registry can help resolve some of these limitations of having a hard copy of D and restriction filed away an agent at you know at a local agencies office.

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Carol Murphy, CHMM, Trihydro Corporation: So a registry is essentially an electronic database that identifies the location and the requirements of the institutional control.

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Carol Murphy, CHMM, Trihydro Corporation: And they can be maintained by various entities registry could be maintained by state and federal agencies or local government agencies.

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Carol Murphy, CHMM, Trihydro Corporation: Such as a county health department, but it can also be maintained by corporate environmental managers who are managing multiple properties or a portfolio of properties.

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Carol Murphy, CHMM, Trihydro Corporation: Okay, so now we have a poll question and the question is, have any of you experienced or witnessed a problem or violation of an institutional control.

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Carol Murphy, CHMM, Trihydro Corporation: Due to the lack of awareness, where a registry could have made a difference and they get one example of this might that we've already talked about.

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Carol Murphy, CHMM, Trihydro Corporation: Today was the case study that Kevin presented earlier on the property in Michigan that was subdivided and subsequently sold.

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Carol Murphy, CHMM, Trihydro Corporation: And it had an icy in place to prohibit the use of the property for residential use yet after it was subdivided the property was redeveloped part of it was redeveloped for residential use.

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Carol Murphy, CHMM, Trihydro Corporation: So inadequate communication and monitoring in this case where the primary causes of failure of institutional control and if the property developers had been aware of the ice, the situation would likely have been prevented.

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Carol Murphy, CHMM, Trihydro Corporation: So wait a couple of minutes, here, to see if turn few seconds in mind.

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Carol Murphy, CHMM, Trihydro Corporation: To see if we have results.

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Carol Murphy, CHMM, Trihydro Corporation: Okay, it looks like, in this case about most of you said no, but about 30% and yes you've actually witness this and about 35% or not certain so so definitely, this is a real situation that has happened in many people's experience.

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Carol Murphy, CHMM, Trihydro Corporation: So in the state survey that we performed back in 2015 when we were developing the guidance document.

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Carol Murphy, CHMM, Trihydro Corporation: We asked the state of a employed in institutional control data management systems such as a searchable database or a registry.

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Carol Murphy, CHMM, Trihydro Corporation: And at that time, only a handful of states have that they did not have a data management system.

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Carol Murphy, CHMM, Trihydro Corporation: And, most of the states at that time had some form of a of a registry system or data management system.

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Carol Murphy, CHMM, Trihydro Corporation: And at the time of the survey over half of the States that did have systems did allow public access to the database, while the other states had systems that were only for use by the regulatory agency.

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Carol Murphy, CHMM, Trihydro Corporation: So, in the first poll question that we asked today, I noticed that 62% of you had indicated that inadequate communication is a common reason for failure of an institutional control.

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Carol Murphy, CHMM, Trihydro Corporation: and, similarly, when we asked the states in our survey about common causes of failure of ice over 30% of the respondents indicated that inadequate communication was a common cause for failure.

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Carol Murphy, CHMM, Trihydro Corporation: So, when asked how they would improve their states, I see program has the time back in 2015 several of the respondents indicated that better tracking systems and registries would be important.

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Carol Murphy, CHMM, Trihydro Corporation: And when they were asked about the causes of icy failures in their states the responses indicated that a good registry could have present prevented some of the failures.

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Carol Murphy, CHMM, Trihydro Corporation: So, based on the survey, when we were developing the guidance document we determined that the development and use of a registry by the Agency could help prevent ic failures.

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Carol Murphy, CHMM, Trihydro Corporation: So registries can be used by agencies to help keep track of ice so, for example, the registry could be used to schedule obligations under the ice, for example, like land use obligations.

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Carol Murphy, CHMM, Trihydro Corporation: And it could also be used to document points of contact for a long term stewardship roles and responsibilities and the registry could also document breaches of the institutional control or non compliance with the institutional control.

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Carol Murphy, CHMM, Trihydro Corporation: whoops shoot, can you go back one for some reason the arrows are not showing up for me thank you.

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Carol Murphy, CHMM, Trihydro Corporation: Alright, the guidance document i'm also provide several examples of existing state registry systems Just to give you some ideas of what some of the State registry systems look like.

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Carol Murphy, CHMM, Trihydro Corporation: And this slide showed an example of the Missouri institutional control registry maintained by the Missouri department of natural resources.

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Carol Murphy, CHMM, Trihydro Corporation: The example that you see on the screen we thought this was a good example of what a good registry might look like, which is why we used it.

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Carol Murphy, CHMM, Trihydro Corporation: But what the example you see shows that agencies data input and this is the summary page, that you will see when you go there.

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Carol Murphy, CHMM, Trihydro Corporation: And there are tabs across the top that detail, where the details can be entered into each tab.

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Carol Murphy, CHMM, Trihydro Corporation: In for information entered into the system on this site includes items such as basic site information, like the name and address of the facility.

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Carol Murphy, CHMM, Trihydro Corporation: agency and save contacts and their obligations and roles and responsibilities, shows the contaminants, of course, and the media impacted whether it's soil or groundwater, it includes the objectives of the ic and the type and details of the instrument so, is it a restrictive covenant.

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Carol Murphy, CHMM, Trihydro Corporation: Maybe it requires no disturbance of the soil or no use of the groundwater, or maybe it prohibits land use to non residential use so those details can be included on the Missouri registry.

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Carol Murphy, CHMM, Trihydro Corporation: It also includes ongoing activities and monitoring, and it also reports can also be entered into the system.

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Carol Murphy, CHMM, Trihydro Corporation: So now we're going to switch gears to talk a little bit about the public and what their use of an icy registry might look like.

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Carol Murphy, CHMM, Trihydro Corporation: and basically the public can use the registry as a resource to search for and learn about I sees in their area or in the area that they're working in.

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Carol Murphy, CHMM, Trihydro Corporation: So the public may include various entities that might include property owners, it might include buyers or developers of the property.

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Carol Murphy, CHMM, Trihydro Corporation: It might include adjacent land owners or users of the property, it could also include utility or construction workers on the property.

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Carol Murphy, CHMM, Trihydro Corporation: And then, of course, it could include people that are performing environmental due diligence, such as attorneys or consultants, on behalf of clients.

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Carol Murphy, CHMM, Trihydro Corporation: The public can use the registry, for a variety of reasons, for example, owners might use the registry, to help them develop long term stewardship plans to ensure success and compliance with the institutional control.

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Carol Murphy, CHMM, Trihydro Corporation: Of course, construction and utility workers might use the registry prior to excavation.

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Carol Murphy, CHMM, Trihydro Corporation: To prevent a violation of an institutional control, such as a breach of a CAP that they're going to be breaking the surface of the ground.

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Carol Murphy, CHMM, Trihydro Corporation: And then workers buyers and due diligence professionals might use the registry to understand the restrictions that had been implemented on the site.

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Carol Murphy, CHMM, Trihydro Corporation: To help them manage their risks associated with use of the site and all of these uses should help prevent theoretically should help prevent violation of the institutional control.

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Carol Murphy, CHMM, Trihydro Corporation: and expert, ultimately, it should help prevent exposure to contamination that has been left in place that will say.

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Carol Murphy, CHMM, Trihydro Corporation: This next slide shows the public page of the same md and our registry system that we showed earlier when we were discussing the Agency use of the registry.

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Carol Murphy, CHMM, Trihydro Corporation: This page offers the public a quick description of the status of the long term stewardship at a site, which also includes the institutional control.

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Carol Murphy, CHMM, Trihydro Corporation: And the public user on this site can search for a cleanup site by county by city by zip code or a specific address, and then, as you can see, on the on the screen there's color coding which differentiates site.

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Carol Murphy, CHMM, Trihydro Corporation: The cleanup sites into four categories first you have active sites which are read those are sites that are undergoing investigation or remediation.

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Carol Murphy, CHMM, Trihydro Corporation: Then you have sites that are categorized as long term stewardship sites, those are sites that might have activity and use limitations, for example, of must be limited to non residential use.

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Carol Murphy, CHMM, Trihydro Corporation: On the purple is sites referred to as environmental notice sites which are sites were an Environmental Advisory might be warranted.

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Carol Murphy, CHMM, Trihydro Corporation: And then the green would be sites where cleanup has been completed, and they are suitable for unrestricted use so cleanup is finished at those locations so in a quick snapshot shot on this registry, you can see that all the sites in the system with their color coded status.

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Carol Murphy, CHMM, Trihydro Corporation: When developing an icy registry we determined as we were developing the guidance document that there are several components to include.

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Carol Murphy, CHMM, Trihydro Corporation: That in the registry that we think are critical to the success of the Registry, first of all, the registry should include a complete inventory of all of the ice that are located within the jurisdictional boundary of the agency this developing the registry.

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Carol Murphy, CHMM, Trihydro Corporation: Next, the registry should include all the key attributes of the registry of the institutional control, similar to the one we saw it at the md and our site.

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Carol Murphy, CHMM, Trihydro Corporation: such as the location of the say land use, restrictions and obligations of the owner.

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Carol Murphy, CHMM, Trihydro Corporation: Next, the registry should be available to both internal and external users third parties and the public as as we discussed on the survey.

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Carol Murphy, CHMM, Trihydro Corporation: When we did the survey some of the agency registries were only available internally, so we believe it's important for them to be available both internally and externally.

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Carol Murphy, CHMM, Trihydro Corporation: And the Agency finally should review the registry frequently to confirm the completeness and accuracy of its contents.

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Carol Murphy, CHMM, Trihydro Corporation: And one other thing to note is that institutional controls may be recorded by an entity, other than the State Agency so development and maintenance of the Registry can get a bit complicated in these situations.

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Carol Murphy, CHMM, Trihydro Corporation: Now we also determine when we were developing the guidance document that routine maintenance of the Registry is very important to ensure its success.

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Carol Murphy, CHMM, Trihydro Corporation: And the Agency should have a process to regular regularly add delete modify and correct errors in the institutional controls in the registry.

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Carol Murphy, CHMM, Trihydro Corporation: I know in my work i've looked at state registries and then talked to facilities, who indicate that the information in the registry was incorrect, so it could be a typographical error.

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Carol Murphy, CHMM, Trihydro Corporation: In data entry or something may have changed to where the information on the registry, is no longer true so it's important to you know to regularly check for.

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Carol Murphy, CHMM, Trihydro Corporation: For errors and corrections should be performed routinely.

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Carol Murphy, CHMM, Trihydro Corporation: On the Agency should also have a process for routine backups and archiving of the registry and have version control features that should be verified regularly and then, finally, the Agency should of course plan and budget for periodic is it upgrades of the registry.

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Carol Murphy, CHMM, Trihydro Corporation: Now here's one more example of the public use page from the md and our system.

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Carol Murphy, CHMM, Trihydro Corporation: And you can see here that the map shows activity and use limitation areas as a Polygon so remember, we said that the registry should include the location of the institutional control.

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Carol Murphy, CHMM, Trihydro Corporation: Well it's ideally you would be able to show the boundaries of institutional control, as well as in the site.

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Carol Murphy, CHMM, Trihydro Corporation: The cleanups on site icon is clickable on the site and then it reveals information in a balloon identifying the a ul with a link to a detailed summary of the ul.

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Carol Murphy, CHMM, Trihydro Corporation: And in this example, you can see that this site is in long term stewardship and must perform inspections and maintenance of engineering controls and you can click on the link for more information.

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Carol Murphy, CHMM, Trihydro Corporation: So that wraps up our discussion on registries and data management and Michael symon ski will present our next section on monitoring and performance evaluation.

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Devin Seckar, ITRC: All right, thank you Carol.

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Devin Seckar, ITRC: So with that we're going to start off our first Q amp a portion of the training today, if you have any questions that you want the trainers to address, please put them in the Q amp a pod and we'll get to those.

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Devin Seckar, ITRC: Just a quick reminder again that we do have feedback forms available at the end of the training to support your documentation of continuing education.

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Devin Seckar, ITRC: So with that we will pause here and see if any questions come up and if we don't have any we do have a second Q amp a portion of the end of the training, so you have two opportunities to to.

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Devin Seckar, ITRC: ask questions um but if not, we can we can go on to the next module and and go through the training, but we'll pause for some questions here.

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Devin Seckar, ITRC: Alright, so we have a question which is two parts do archaeological agencies typically interact with public health agencies or EPA with or without a registry.

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Devin Seckar, ITRC: What are ways to create outreach streams from an established ic to perhaps emerging archaeological protections due to recent or possible legislation passings.

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D Burge: Ramboll: yeah well you know i've been working a little more focused on environmental and archaeological is obviously another resource that needs to be protected, and I think that is certainly something.

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D Burge: Ramboll: That could use some institution control knowledge that was anything that you know i've dealt with directly as far as an archaeological that's that's usually required as part of site development and whatnot, so I think that oftentimes gets captured there.

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Devin Seckar, ITRC: Alright, thank you Doug.

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Devin Seckar, ITRC: And next question how do registries accommodate updates to the contamination, for example, a developer excavators all the contamination, as part of digging the underground parking garage.

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D Burge: Ramboll: yeah so I guess you know, then you update your you know again it's a leaving living breathing document you update as necessary to provide less stringent or more stringent institution controls on the property so, then you have to.

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D Burge: Ramboll: adjust the institution control to fit the current situation, you know you don't want to necessarily have an institutional control it's overbearing or unnecessary so, then you have to go back and just.

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D Burge: Ramboll: I guess fix this controller make it more current so the current situation and.

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D Burge: Ramboll: I think you're gonna.

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Michael Sowinski: i'll add to Thomas this question, I mean, in the majority of cases.

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Michael Sowinski: The institution control issue is recorded and some sort of covenant, and when the site conditions are fixed basically like you were saying.

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Michael Sowinski: that the legal process involved is to modify the existing covenant or determinate the existing covenant and refile that new document so you fly like a an actual a new piece of paper that's called modification of covenant why modification covenant, to which, in which in turn.

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Michael Sowinski: ripples through it to update this stage registry that's that's the normal process anyway, but if you are, in my experience, if you are the person who has fixed the problem it's it's kind of.

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Michael Sowinski: On you often to make sure that all those all the rest of the process rebels through correctly is life she's not perfect.

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Devin Seckar, ITRC: All right, thank you, Michael and dub next question in my state, it is easy to set up an institutional control for a commercial site, however, it is a more delicate process and a residential site.

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Devin Seckar, ITRC: Owners typically do not want them, because it would be an environmental component on the property and would have to keep it upon resale of the property, can you go over some key differences with institutional controls in regards to property types.

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Michael Sowinski: I can dress that unless someone else wants to go first.

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Michael Sowinski: In my experience, few many years ago now, working with EPA on this.

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Michael Sowinski: yeah there definitely are some differences.

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Michael Sowinski: Based on property type when a when a current residential owner refuses to record a covenant, even though the Environment Agency wishes that the wood one option that i've seen work is for environmental agencies or someone to record.

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Michael Sowinski: A notice in the deed there's in many states.

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Michael Sowinski: The legal authority exists to put a notice on the D which isn't actually all the little restriction just a piece of information.

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Michael Sowinski: which can act it at the very least, to inform people in the future that that issue exists, even though it doesn't.

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Michael Sowinski: provide an actual legal restrictions and the Covenant so that's one thing The other thing that agencies do is.

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Michael Sowinski: The local government controls like groundwater ordinances if ground was the issue that can impact the site at issue that aren't dependent on the property owner agreeing to them so government controls or recorded notices, or what i've seen work.

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D Burge: Ramboll: You know i've had a situation in nebraska where we had a.

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D Burge: Ramboll: harbor you know, there was you know, not so much opposed to putting a deed restriction under property there's dragging their feet and that doing it was bogging down the whole process of EPA was about to actually.

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D Burge: Ramboll: As my discussed actually put a notice on the deed specifically to make that happen, fortunately, they came through and actually did it themselves, but that was a method we were looking into conducting.

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Devin Seckar, ITRC: And there's any other trainer have any thoughts on that.

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Kevin Schrems, EGLE: Oh, this is Kevin terms from eagle.

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Kevin Schrems, EGLE: i've seen it happen, where you know, under the leaking underground storage team Program.

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Kevin Schrems, EGLE: The Statute setup many years ago was set up in a iterative process way where.

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Kevin Schrems, EGLE: The restrictive covenant was the primary.

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Kevin Schrems, EGLE: method to address the remaining risks and if it was determined to be impractical to file restriction or you know let's say 10 or 15 restrictions, depending on the size of the plume than the party could use something else, like a groundwater ordinance.

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Kevin Schrems, EGLE: But you know that's been a challenge for for owners and operators of underground storage tank systems, so the Statute was amended.

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Kevin Schrems, EGLE: To allow for individuals to pick and choose which instrument best fits their situation they don't have to pursue the deed restriction option first if another option is available.

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Devin Seckar, ITRC: All right, thank you trainers for answering that question, we have two more in the chat and then we'll move on with our training today.

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Devin Seckar, ITRC: Are icy breaches typically associated with property transfers and perhaps developers motivated to overlook unfamiliar restrictions that are it lesions not sure if I said that right means yeah.

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and

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Michael Sowinski: i'll go first that's okay.

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Michael Sowinski: I actually think it's the opposite my experience I think breaches typically occur in between property transfers not.

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Michael Sowinski: During not be cutting out in the process of transaction that's because you know the EPA is all appropriate increase raw and this the property transaction process in general tends to uncover all of the.

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Michael Sowinski: Things and all the environmental issues and unless the developers being you know fraudulent or very irresponsible they do tend to.

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Michael Sowinski: buy with them it's it's the years in between when pipes are getting repaired or you know basements getting built or whatever, where there are issues in my experience.

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D Burge: Ramboll: Here the.

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D Burge: Ramboll: Over reliance on just institutional knowledge, sometimes and that tends to over the years, people start to forget out of sight out of mind.

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Lynn Bailey, EPA R9: yeah and I agree, we see that a lot.

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Lynn Bailey, EPA R9: In areas where there's a lot of construction, whether or emergency utility repairs, where people are putting into drinking water wells.

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Lynn Bailey, EPA R9: will be touching on a couple of those examples in this presentation as well, so, although it seems that when you talk about institutional controls to the public.

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Lynn Bailey, EPA R9: They typically or or just to.

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Lynn Bailey, EPA R9: You know even environmental professionals, we often do relate those breaches to those property transfers, because I think, for some reason that's where we hear about them more.

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Lynn Bailey, EPA R9: But they you know in my experiences more the construction or you know the physical actions that trigger those reaches.

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Devin Seckar, ITRC: All right, thank you trainers next question is a deed notice ultimately enforceable.

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Michael Sowinski: I could go first on that, I mean I hate it someone else wants to go by all means, but and i'll put my lawyer hat on for this point X, a kind of depends on what you mean by enforceable.

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Michael Sowinski: Under property law, which is how covenants are enforced ID notice is probably not directly enforceable because it's just simply it's there to provide notice but.

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Michael Sowinski: Generally speaking, the notice is provided by state or federal Environmental Agency, who has different.

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Michael Sowinski: Not property law but environmental law ways to enforce whatever is being noticed about so it's a notice says, you know hey there's residual contamination here.

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Michael Sowinski: The notice is probably is going to say something like subject to federal law.

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Michael Sowinski: or State law why, if you do something we could we thought we could exercise our enforcement action so it's not enforceable the way a covenant is under the uniform environmental covenants X, for example, but they're typically are some some ultimately ultimate ways to enforce it.

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Devin Seckar, ITRC: All right, thank you, Michael we have one last question then we'll move on.

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Devin Seckar, ITRC: Is there any guidance for the implementation of institutional controls sign placement property owner access permission for a constructed in water remedy I armored CAP where US army corps of engineers and US coast guard are also involved.

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D Burge: Ramboll: I guess that would be part of your planning and implementation to.

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D Burge: Ramboll: process and identifying it so yeah there's different ways to maintain awareness of that and signage or something could be some way to do that in that situation, I mean I guess you've had some issues, with it being in underwater but I guess i'm sure we could put some signs and whatnot.

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D Burge: Ramboll: This is part of the exploration of what your communication methods are and what would be best to put on there to get the word out.

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Lynn Bailey, EPA R9: I might recommend that this person email us trainers sometime after the training session because it seems like it might be a site specific issue or some very detailed background that we may need to know to fully answer this question.

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Michael Sowinski: yeah I agree i'll just say like when I see underwater things I often think those are easier to deal with because the army corps for for permitting processes.

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Michael Sowinski: Normally, something you can kind of lean on to and make sure that whatever is being put in place there's you know not going to be impacted in the future, but anyway that's a that's a vague answer to a specific question like was mentioned, so I agree more facts and needed for sure.

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Devin Seckar, ITRC: All right, thank you trainers so and thank you attendees for putting those questions in the chat for us with that we're going to move on to the next section, which I believe is michael's.

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Michael Sowinski: Yes, that's me know I do, I have the little.

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Devin Seckar, ITRC: You do now, I might have advanced one too far for you.

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Michael Sowinski: yeah okay this thing i'm just waiting for my arrows okay yeah yeah okay so i'm going to be talking about monitoring and performance evaluation, hopefully it within my 20 minute or less allotment.

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Michael Sowinski: And so far, as you know, we heard about outreach and registries, all of which are.

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Michael Sowinski: critical but they all rely on the basic philosophy of like well if you tell people are making information available to people and kind of everything will work out but.

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Michael Sowinski: We all know that life's not perfect, so monitoring and evaluation and affirmative monitoring approach has is is needed, and is in place by many states.

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Michael Sowinski: And, as your survey questions already pointed out, I see monitoring matters so i'm going to talk about best practices and so forth at this amongst amongst the States, based on the R ic it RC survey work.

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Michael Sowinski: quickly.

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Michael Sowinski: What is What do I mean you know I see monitoring is a collection of a bunch of information at sites and performance evaluation is just taking that information and making some sense of it.

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Michael Sowinski: But that's vague so more specifically, just to be clear about what I see monitoring is first you got to remember what the types of institutional control requirements normally or we've talked about a lot of them today already.

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Michael Sowinski: Know groundwater us know excavation or residential use etc just a bunch of nose know things you can't do.

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Michael Sowinski: So what I see monitoring is not it's not conventional environmental environmental monitoring it's not soil sampling and groundwater sampling, but what it is, is the collection is the.

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Michael Sowinski: collection of data and information about the use of property, where the ice exist.

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Michael Sowinski: To make sure that that the user activity to what to learn whether there's user activities that might violate I see which requires numbers trying to find out what's going on and make sure it's not the wrong the wrong thing, like the wells the excavations the daycares etc.

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Michael Sowinski: We are going to be talking i'm going to be talking about the six approaches that we uncovered during our ICRC work that state agencies commonly employed but, but as a sidebar so the many.

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Michael Sowinski: private companies and they include state just boots on the ground State Agency inspections which, on the ground inspections required by the obligated party usually the property owner.

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Michael Sowinski: excavation monitoring for the one call system or similar systems other types of land activity monitoring.

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Michael Sowinski: and local government coordination we heard a little bit discussion with that already and some state ic permit programs related to all of this, just as an fyi EPA has an.

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Michael Sowinski: Advanced monitoring for institutional control document linked here which really talks about more that third, fourth, fifth categories here that are not not the conventional boots on the ground, but some of the more advanced technologies which all these describing and.

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Michael Sowinski: survey, which I think devaney needs to take back right, which are the filing do you utilize for monitoring institutional controls.

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Michael Sowinski: Of the six that I mentioned the boots on either one of the first two boots on ground inspections or more remote or electronic based inspection is there one call and activity monitoring or reliance on local government coordination or some sort of a institutional control permit process.

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Michael Sowinski: So, David I can't see the answers loading so when you feel.

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Michael Sowinski: You know, when you feel like.

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Michael Sowinski: they're there feel free to end it.

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Devin Seckar, ITRC: yeah a lot.

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Devin Seckar, ITRC: More seconds, then i'll broadcast them.

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Michael Sowinski: Okay, well, while people are pressing in our last version of this is to be able to see that all the inputs coming in, which was fun.

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Michael Sowinski: To you usually what we see is yeah this so, then the conventional approaches of boots and ground still are the most common, which is not surprising, you know visiting the site performing inspections, but the other types of what I kind of think are more advanced.

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Michael Sowinski: Institutional control monitoring approaches are growing in prominence, and you kind of see that example exemplified here.

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Michael Sowinski: So, moving on.

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Michael Sowinski: approach number one very basic I think are very conceptually basic not that in and nothing's easy, but this is easy, at least to understand inspections are scheduled by the State Agency often there's a standard form.

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Michael Sowinski: agency staff goes down, it is it's usually this is usually done my state agencies not federal inspection dates are recorded in a database sometimes those databases are made public, but it's just like your classic.

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Michael Sowinski: In monitoring and enforcement approach to periodically visit and assess for yourself whether the institutional control is being abided by.

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Michael Sowinski: approach number two is very similar and actually I think growing more common.

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Michael Sowinski: It were instead of doing it themselves agencies, particularly with inside of inside of the actual language of the environmental covenant requiring.

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Michael Sowinski: obligated party usually the property owner to go out and do it themselves and report back to the Agency some States create their own forms some don't some agencies send annual reminder letters.

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Michael Sowinski: The track the receipt other certifications and then, if you don't that's when they start paying more attention to you.

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Michael Sowinski: And in the process of this ownership changes are off are also captured, which is always tricky for the States to keep track of because there is this institutional controls tend to need to be.

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Michael Sowinski: implemented or at least operated by the ownership changes, then things the stage relationship to the site changes to that that gets tracked us if this process as well.

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Michael Sowinski: So there's there's details that can get complicated but conceptually those approaches are fairly straightforward and still very common.

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Michael Sowinski: and watch it grow when one of the approaches that is growing in popularity is the approach versus the one call so as a quick sidebar into background the one call systems exist anyway, and they have a long time.

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Michael Sowinski: They exist, like this the the underground facility owners gas electric water people need to join the state systems there's one in every state.

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Michael Sowinski: And then, based on them joining the tail they want one system hey I have these lines, and here they are.

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Michael Sowinski: excavators are required by law to call the 811 system and go hey i'm excavating over here what's other any lines.

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Michael Sowinski: The 811 system acts as a clearinghouse it looks it takes the call from excavator looks at.

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Michael Sowinski: The registration registered lines and gets back to the excavator well bridges, the gap between these two people.

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Michael Sowinski: So that the underground facility owners, report back and say all clear or hey it's not okay we're going to go we're going to go paint a line for you, and then they do anything in line for them and then that.

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Michael Sowinski: That way, the X squared doesn't hit the gas line that's that system has been has been in existence, and so the environmental world has been leveraging that to work basically the same.

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Michael Sowinski: And instead of an underground line being registered into the one class system.

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Michael Sowinski: Basically, a cleanup site is sometimes it's the websites also have underground line so it's like this kind of exactly the same thing, sometimes a clam sites.

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Michael Sowinski: have less underground lines and more contamination in any case it's clear calls find out what's going on and rather than paints a big environmental area, the process usually involves sending an electronic piece of information over to the excavator.

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Michael Sowinski: There are, this is actually This, I think this is still close to accurate this, but I know personally that this is growing a little bit, but there's least 910 States using this and then a lot of private sector people as well, in summary, you have to connect into the one system.

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Michael Sowinski: And then, an email a text advisories like I said one X greater and ordinarily these approaches are not things that states or private sectors is do by themselves there's an outsourcing.

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Michael Sowinski: involved with third party intermediaries help make this all happen for stage or for private sectors actors.

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Michael Sowinski: So that's the approach number three, this is a quick example of in Delaware have that electronic.

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Michael Sowinski: notice looks like this is the, this is the X in lieu of painting the line this this.

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Michael Sowinski: advisory goes over to a person tells them, you know hey you're about to dig there's a big environmental site you're inside of and here's some information about it, and some people are contact for more details.

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Michael Sowinski: And when the state has a registry just fyi those advisories or even that much better, because then they can just say here's a link to our registry go look up the site, and you can see all the details about the area about to excavate into.

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Michael Sowinski: And in as Lynn barely knows in Hawaii we were working i'm personally working with within that and Hawaii is doing has that same approach where they can rely on their registry and it's pretty cool.

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Michael Sowinski: Okay approach number four relies on basically a connection into an electronic feed of land activity so it's like.

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Michael Sowinski: it's like a virtual site inspections basically or a coven style his name his name is not a good job, but you know.

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Michael Sowinski: Contact list inspections were instead of going and visiting your site once a year, you are.

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Michael Sowinski: This approach gives the electronic feet of land activity information weekly, monthly maybe even daily about all the things that you would maybe see if you were doing a manual process and visiting the site, you would.

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Michael Sowinski: Look, for permits and ownership changes and development applications and new child care's new Water worlds and things like that all get sent to this approach automatically to people.

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Michael Sowinski: And filter filter define which affecting your site and then.

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Michael Sowinski: alerts go and say hey there's an activity on your property that or on a property that you regulate that could pose an issue to your institution control, and so there are states a lot of States using this method as well.

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Michael Sowinski: it's tends to be useful, when you have when your state, with hundreds of sites it's difficult to keep a hands on all of them, but with electronic books like this.

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Michael Sowinski: there's a lot of visibility as to activity and institution control, so this is also very common, or at least growing in common in popularity connection to local government, you I think you heard Kevin say earlier that.

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Michael Sowinski: It had their state done a better job of the CONNECT connecting the.

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Michael Sowinski: State information with the local public health department those public health probably wouldn't have issued a water well that and that's probably true that's the that that approach.

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Michael Sowinski: Is what I call minimum coordination with State and not just I call this is what this is what's out there in the real world, and these little red things are my personal.

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Michael Sowinski: phrases for them, but minimum coordination is basically when a State Agency informs local governments about I see stuff.

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Michael Sowinski: And that can be very effective, because otherwise they're not going to know and they're going to issue permits kind of flying blind so that's the minimum set of minimal set of coordination that you see.

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Michael Sowinski: It when it gets more advanced when there's an eyes and ears approach.

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Michael Sowinski: Where the local government not only knows about what the state has but feeds information back to the state, maybe weekly or monthly and says.

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Michael Sowinski: Thanks for telling me about your your 20 institutional controls in our city here's the permit applications, we received for those 20 institution controls, you know.

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Michael Sowinski: So you guys can can go do what you need to do about this what we as a local government we're not gonna.

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Michael Sowinski: we're not gonna enforce your environmental laws, but one of these going to tell you what's what's going on, so if there's an issue that's that's an eyes and ears approach and then sometimes local governments.

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Michael Sowinski: Particularly when the local government is largely impacted by like a really big site superfund site, they will take.

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Michael Sowinski: Ownership over the whole thing and enact their own ordinance and force it, and sometimes even called institutional control ordinances and so that's that's an approach as well.

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Michael Sowinski: which can all which can be very, very good sometimes these approaches is is everything that's needed sometimes they talk about sometimes States used for three or four of the six approaches, you know together.

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Michael Sowinski: Oh yeah so eyes and ears is just a quick example of Denver does this they take in information from the state and the send them a monthly set of permits which kind of looks like this building permits so that.

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Michael Sowinski: The state can at least look at them and know what's going on there at their sites at the institution rituals types of be regulated see if there's any issues.

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Michael Sowinski: there's many This is one example we've be pulled up during the guidance document development of Jasper county that developed in environmental contamination ordinance it's basically a institution control ordinance that makes sure people don't dig deep.

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Michael Sowinski: beneath that I think pillow maybe a foot under which this oil is still contaminated all throughout the jurisdiction basically let's not sure if I remember correctly.

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Michael Sowinski: One other approach.

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Michael Sowinski: I seem as ic permit really only one state is doing this, but we still showcase it because I felt like it was going to be a trend that was five years ago, so maybe it's not but it's still I think a unique example where instead of just requiring.

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Michael Sowinski: Property owners or responsible parties to do inspections there's this the permit example.

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Michael Sowinski: builds a whole permit process around it, so if you want an institutional control, you have to apply for a permit and pay every two years, I forget the exact I think it's every two years to make to keep the permit active and part of that process involves you.

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Michael Sowinski: certifying to the agency in this case New Jersey, through a licensed professional that institutional controls, whether their.

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Michael Sowinski: deed notice or classification exception area which basically means soil groundwater.

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Michael Sowinski: In New Jersey, whether they are operating correctly and then, if there's engineering controls involved, you know caps and so forth there's some financial insurance requirements, part of a permit so it's a formal it's a formalization of.

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Michael Sowinski: inspection requirements, through a permit process.

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Michael Sowinski: When we when back in 2015 when we looked at what everybody was actually doing, we found that many states are combining approaches some didn't respond to us, but many did and we saw kind of a mix of.

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Michael Sowinski: One approach to fiber to art to five out of the six being implemented and.

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Michael Sowinski: And this, this is just a snippet of some examples of what was happening in Pennsylvania.

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Michael Sowinski: They were requiring the landowner certifications and doing their own so they were doing it the first two of the six you remember.

423
01:12:57.660 --> 01:13:02.310
Michael Sowinski: Whereas Colorado with doing the first two and they're adding on that coordination that I told you about.

424
01:13:02.550 --> 01:13:13.860
Michael Sowinski: An Idaho was doing some lenders certifications and their own inspections, but also doing with the one call and land use an activity, monitoring and in California was you know layering on all five approaches, so it and you.

425
01:13:14.490 --> 01:13:24.690
Michael Sowinski: There are other States doing things, of course, but that's This gives you a representative example of kind of how at different states take different approaches, based on what they feel is you know works.

426
01:13:27.150 --> 01:13:29.130
Michael Sowinski: In a quick assessment of those.

427
01:13:30.660 --> 01:13:35.550
Michael Sowinski: They all had there's the other 60 they're all there's some pros and cons to both.

428
01:13:35.940 --> 01:13:43.260
Michael Sowinski: The the first two are, I think, obvious that they're they're snapshot approaches, so, in a sense, they're comprehensive at the time.

429
01:13:43.590 --> 01:13:49.110
Michael Sowinski: But a lot of things happened during one year or two year timeframes or even five year timeframe is for these.

430
01:13:49.800 --> 01:13:59.100
Michael Sowinski: These boots on the ground, inspections and even though they're relatively conventional and maybe easy they still require agency staff and resources.

431
01:13:59.730 --> 01:14:07.680
Michael Sowinski: excavation if you weren't call is powerful and that its daily or a nice or close to the only constant flow of information about your site.

432
01:14:08.430 --> 01:14:13.950
Michael Sowinski: But it's you know excavation it's mostly about soil, you know.

433
01:14:14.850 --> 01:14:25.920
Michael Sowinski: Although sometimes excavation does detect water well installations, but but it requires a third party service it's not as easy as just sending sending he or she out to go and do an inspection.

434
01:14:26.760 --> 01:14:40.320
Michael Sowinski: Land activity monitoring similar as excavation you get a lot of information, frequently and it's tailored and it gives a lot of good visibility, but still, it takes it typically takes some doing to get it up and running.

435
01:14:40.980 --> 01:14:48.120
Michael Sowinski: Coordination with local governments is very good, although it just depends on local government some local governments are pretty receptive and sometimes.

436
01:14:48.300 --> 01:14:56.010
Michael Sowinski: They basically go hey we don't have the resources or the technical know how to do that, and in that case of a Denver, I told you about it wasn't easy for them.

437
01:14:56.220 --> 01:15:02.640
Michael Sowinski: To establish that connection between the state and local government, they had to sign em away, and it was quite a process so.

438
01:15:03.210 --> 01:15:14.610
Michael Sowinski: You know, all these things have pros and cons and they're all useful, which is why they tend to be layered by by states or like I said by by private companies doing the same thing with their with their portfolios.

439
01:15:15.870 --> 01:15:24.180
Michael Sowinski: And then, when deciding on which which one are all six to use, you know what I see is that it depends like if you are state.

440
01:15:24.360 --> 01:15:31.890
Michael Sowinski: or big property owner would say 100 institution controls or 300 institution institution rituals you're probably going to find that a third of them.

441
01:15:32.100 --> 01:15:39.690
Michael Sowinski: are fine to go out go out and visit every few years that's all you really need, and then the other third are going to really need maybe three or four.

442
01:15:39.990 --> 01:15:47.790
Michael Sowinski: pieces of monitoring all together, because of the potential for harm compared with the potential for a breach, in other words, is it.

443
01:15:48.360 --> 01:15:51.900
Michael Sowinski: Is it likely for something to happen and when something happens, is it really.

444
01:15:52.170 --> 01:16:00.660
Michael Sowinski: Is the potential for harm great and so you see sides just gives you some quick examples we're all it's really restricted is that everything's fine just don't build houses here.

445
01:16:01.050 --> 01:16:13.740
Michael Sowinski: it's pretty easy to monitor and then there's some some ago everything's fine but there's seven pieces of requirements, you can dig below 1010 feet, you can have a water well you can't have anything you know that's not an industrial use.

446
01:16:14.010 --> 01:16:25.950
Michael Sowinski: And the list tends to go on and every every excavation that's reported to the Agency, you have to get a plan approved before you move any dirt and those types of complicated ones, are the ones that typically need more more lunch.

447
01:16:27.750 --> 01:16:33.450
Michael Sowinski: Finally, getting into performance evaluation evaluation, just to start wrapping up in the next two or three slides.

448
01:16:33.690 --> 01:16:44.040
Michael Sowinski: Once all that monitoring basically gives a lot of information you to get it once a year, you get it all the time and evaluation goes Okay, are the results typically in.

449
01:16:44.790 --> 01:16:51.240
Michael Sowinski: A finding of institution controls being effective that's terrific sometimes there's some compliance issues, obviously.

450
01:16:51.450 --> 01:17:00.660
Michael Sowinski: That can range from very small like administrative but you report was a week late to very major like Kevin was saying you put a well in and you weren't you weren't supposed to.

451
01:17:01.200 --> 01:17:04.950
Michael Sowinski: Or that the the monitoring approach is too much or too little.

452
01:17:05.520 --> 01:17:13.800
Michael Sowinski: Or that you don't need the ICT more somebody asked a question about that and that triggers a process for terminating and re recording and is to show control or otherwise keynote.

453
01:17:14.280 --> 01:17:20.820
Michael Sowinski: rippling through the process to get that thing removed or full enforcement which kevin's going to talk about shortly.

454
01:17:21.780 --> 01:17:32.370
Michael Sowinski: So that's you know all that monitoring makes all this possible and without it agencies really are blind one and best practices as a little bit of a sidebar we that we found during that.

455
01:17:33.270 --> 01:17:41.340
Michael Sowinski: guidance document development is that you know agencies are began looking at stewardship the way they've been looking at say clean up for a long time, meaning that.

456
01:17:41.580 --> 01:17:58.320
Michael Sowinski: it's a thing it needs it needs internal policies and needs people need staff it's not just an esoteric issue, so we do see and we've seen even since back when we wrote this guidance document more and more infrastructure and documents being built up inside the States to.

457
01:17:59.370 --> 01:18:13.230
Michael Sowinski: To to Stewart to to help monitor and enforce the stewardship program and, finally, how does this all how much does this all costs, always a big question, particularly people at the state level want to know about it's always complicated.

458
01:18:13.920 --> 01:18:27.180
Michael Sowinski: And swallow has has put together a document that helps make some sense of things, the list of the cost elements over the life cycle of, and I see from planning all which would force me which we found made sense.

459
01:18:28.020 --> 01:18:35.940
Michael Sowinski: And I just so that's that's a whole thing that can't talk about right now, but the point is that implementing.

460
01:18:36.840 --> 01:18:45.600
Michael Sowinski: Implementing a monitoring unfortunate program is a lot more than just you know doing an inspection every once in a while it's it starts with planning and it lives for a long time.

461
01:18:46.680 --> 01:18:52.860
Michael Sowinski: And then the way states recover those fees if, once they are able to figure out what the are various in.

462
01:18:53.130 --> 01:19:03.720
Michael Sowinski: Two major ways there's an upfront process where states charge you one time it's like hey if you really want an institution mature you got to pay us because we're gonna have to deal with this thing for a long time.

463
01:19:04.590 --> 01:19:12.990
Michael Sowinski: In this in the case of Missouri last time I look the regulation was allowing for 15 K up front cost the other approach is like a pay as you go approach.

464
01:19:13.230 --> 01:19:23.700
Michael Sowinski: Where New Jersey and like I said earlier, with the permits or California and statements regulations and then ultimately inside the covenants that issues says that you can have an institution control, if you want.

465
01:19:24.030 --> 01:19:36.270
Michael Sowinski: But if we have demand for it we're going to send you a bill for whatever it takes us to keep on top of your institutional control and that's how states has some States collect the fees with that.

466
01:19:37.320 --> 01:19:42.270
Michael Sowinski: I am wrapping up and move over to where monitoring leads you, which is unfortunate.

467
01:19:51.810 --> 01:19:59.340
Kevin Schrems, EGLE: All right, thanks Mike I am working as a group with university with my State Agency.

468
01:19:59.850 --> 01:20:13.170
Kevin Schrems, EGLE: In looking at costs associated with institutional controls, especially regarding groundwater so it'll be interesting to see what the project results are and what types of implications come out of that document.

469
01:20:14.970 --> 01:20:22.650
Kevin Schrems, EGLE: So as Mike said before we get to the survey, I just want to go back a slide here.

470
01:20:24.630 --> 01:20:24.990
Kevin Schrems, EGLE: oops.

471
01:20:26.070 --> 01:20:32.430
Kevin Schrems, EGLE: There we go i'm sure many of you on the phone or your computer are those in the technical world.

472
01:20:33.720 --> 01:20:41.370
Kevin Schrems, EGLE: making sure that all the appropriate exposure pathways are adequately defined and addressed by the chosen institutional control.

473
01:20:41.970 --> 01:20:51.870
Kevin Schrems, EGLE: Now, as a staff member myself who works as a liaison with the Department of attorney general in the state of Michigan and the technical project managers, I may be contacted when the enforceability.

474
01:20:52.380 --> 01:20:59.490
Kevin Schrems, EGLE: or enforcement of institutional control comes into question that has happened over the years and we've had to engage with.

475
01:21:00.510 --> 01:21:09.660
Kevin Schrems, EGLE: folks on our legal department, so that way we can you know work with the property owner and in in gain compliance with the deed restriction.

476
01:21:10.830 --> 01:21:17.730
Kevin Schrems, EGLE: So for this portion of the presentation i'm going to highlight, many of the enforcement tools that I tier see has.

477
01:21:18.780 --> 01:21:27.120
Kevin Schrems, EGLE: developed to be considered when planning, implementing and approving the type of institutional control that is best suited for the selected remedy.

478
01:21:27.720 --> 01:21:33.870
Kevin Schrems, EGLE: Again, even the regular Community will benefit from this part of the guidance, because having the understanding of the enforcement process.

479
01:21:34.290 --> 01:21:42.810
Kevin Schrems, EGLE: For your seat will provide you with an understanding of the overall enforcement process tie those principles to how it works in your state, so your.

480
01:21:43.500 --> 01:21:52.620
Kevin Schrems, EGLE: Transparency and and know what's going to happen and be able to work through those enforcement issues you know, perhaps you know talk about if there's any.

481
01:21:53.700 --> 01:21:54.870
Kevin Schrems, EGLE: ways that you can respond.

482
01:21:59.820 --> 01:22:08.790
Kevin Schrems, EGLE: Okay, so I tear see survey illustrates weaknesses and steep monitoring and compliance efforts if adequate management and monitoring requirements that.

483
01:22:09.360 --> 01:22:16.200
Kevin Schrems, EGLE: makes whiskey just talked about or not established as part of the State ic program then there's going to be little to enforce.

484
01:22:16.770 --> 01:22:25.680
Kevin Schrems, EGLE: Indeed, our survey results indicated that approximately two thirds of state agencies never have taken an enforcement action against the responsible party.

485
01:22:26.490 --> 01:22:34.080
Kevin Schrems, EGLE: Regarding institutional control, this is a significant statistic keep in mind, because we know that failures in violations of ice to happen.

486
01:22:35.130 --> 01:22:44.130
Kevin Schrems, EGLE: Over all the data amplifies unnecessary relationship between adequate ic management tools and the Foundation, they provide to an overall meaningful enforcement Program.

487
01:22:47.250 --> 01:22:56.880
Kevin Schrems, EGLE: Okay, so time to stretch our fingers for an enforcement poll question does the state you represent, or where you have implemented in institutional control.

488
01:22:57.300 --> 01:23:11.250
Kevin Schrems, EGLE: have an enforcement process in hand of the ic violation is identified, regardless of whether there's been enforcement action taken and, in addition to the traditional yes or no, we do have the not sure option.

489
01:23:24.690 --> 01:23:36.780
Kevin Schrems, EGLE: Okay, the results are showing most of the folks are not sure which is not uncommon because you know oftentimes there isn't a specific enforcement.

490
01:23:38.880 --> 01:23:50.550
Kevin Schrems, EGLE: program or enforcement statutory provision perhaps listed in your laws that discuss you know enforcement of institutional control when something happens.

491
01:23:51.720 --> 01:23:54.090
Kevin Schrems, EGLE: And then there are folks that do have a.

492
01:23:55.590 --> 01:23:57.480
Kevin Schrems, EGLE: mechanisms in place so that's great too.

493
01:24:04.320 --> 01:24:13.740
Kevin Schrems, EGLE: Okay, so i've previously touched upon the concepts and challenges of considering enforceability during the planning and implementation phases of institutional controls.

494
01:24:14.370 --> 01:24:19.920
Kevin Schrems, EGLE: and makes the wind scale so just covered the importance of monitoring as part of a long term management Program.

495
01:24:20.880 --> 01:24:32.250
Kevin Schrems, EGLE: In addition to these two challenges, what I tears he offers as possible solutions and its guidance, is to identify the proper parties to enforce the provisions of an institutional control.

496
01:24:32.970 --> 01:24:50.220
Kevin Schrems, EGLE: which can be complex and complicated and even though I sees our most commonly tied to laws independently administered by state and local jurisdictions many States may not have explicit authorities written into the respective statute says, I was indicating with the pool.

497
01:24:51.540 --> 01:24:59.880
Kevin Schrems, EGLE: At into the uniqueness of native land and federal facilities and other challenges, there is no current model framework.

498
01:25:00.750 --> 01:25:09.000
Kevin Schrems, EGLE: To act as a guidance for compliance enforcement strategies, specifically for institutional controls and, finally, the uniform.

499
01:25:09.810 --> 01:25:22.290
Kevin Schrems, EGLE: Environmental covenants act is a model statute that can be adapted into law to provide legal framework to create modify enforce and terminate a institutional control specific to.

500
01:25:23.220 --> 01:25:38.850
Kevin Schrems, EGLE: covenants but the model language only provides for the conventional common law relief, such as trespass or nuisance once a violation occurs does not provide that come compliance assistance framework that many state regulators seek to use first.

501
01:25:42.090 --> 01:25:46.920
Kevin Schrems, EGLE: I to receive guidance document recognizes the challenges to enforcement of ice.

502
01:25:47.760 --> 01:25:56.790
Kevin Schrems, EGLE: and discusses the various legal authorities beyond the traditional statutory dependence that regulators and other parties responsible for ensuring compliance may use.

503
01:25:57.570 --> 01:26:11.910
Kevin Schrems, EGLE: For example, in my state the laws require that the environmental covenants container provision granting the department, the ability to enforce the restrictive covenant by legal action in a court of appropriate jurisdiction.

504
01:26:13.200 --> 01:26:22.950
Kevin Schrems, EGLE: instruments such as consent decrees document and administrative or judicial courts approval of the settlement of an enforcement case filed in court.

505
01:26:23.970 --> 01:26:40.260
Kevin Schrems, EGLE: Typically consent decree is specify actions to be taken, or not to be taken by the settling parties consent decrees may have penalties attached for non compliance as well, so there's a you know tools in the toolbox that we can use as part of our enforcement.

506
01:26:42.600 --> 01:26:59.430
Kevin Schrems, EGLE: Now, because there is no common model legal framework for I sees the accuracy guidance document suggests that the construction of the basic I see enforcement model can be premised on the traditional environmental enforcement bottles that's used for water, air and waste.

507
01:27:00.630 --> 01:27:15.300
Kevin Schrems, EGLE: When I see compliance failure occurs enforcement can be strategically applied towards the party's compliance to turn any future violations and assure the protection of receptors from the threat of release or exposure.

508
01:27:16.500 --> 01:27:23.400
Kevin Schrems, EGLE: The ITC guidance documents suggest that voluntary compliance methods emphasize a for enforcement avoidance.

509
01:27:23.910 --> 01:27:33.000
Kevin Schrems, EGLE: As well as intervention to educate a party on how to comply with ice requirements, you know a lot of that goes to you know the outreach portion or perhaps.

510
01:27:33.720 --> 01:27:46.170
Kevin Schrems, EGLE: Monitoring programs and either the property has transacted or you know the same owner has been there for many years, but you know, things are forgotten over time.

511
01:27:47.610 --> 01:27:57.510
Kevin Schrems, EGLE: In contrast, requiring involuntary compliance from a party through the formal enforcement is generally considered a final administrative measure to resolve ic violations.

512
01:27:58.170 --> 01:28:11.340
Kevin Schrems, EGLE: Failing to respond to informal enforcement measures violations with significant environmental impact, or those parties, unfortunately, with a history of non compliance may generally be considered for formal enforcement.

513
01:28:15.570 --> 01:28:23.760
Kevin Schrems, EGLE: The it or seek guidance document emphasizes that effective enforcement of an institutional control depends on thoughtful ic planning.

514
01:28:25.440 --> 01:28:36.690
Kevin Schrems, EGLE: enforcement action may be considered when I see requirements have not been observed, have not been implemented or failed and meet the requirements have not been adequately maintained or monitored.

515
01:28:37.380 --> 01:28:46.800
Kevin Schrems, EGLE: fail to have required certifications perhaps or failed to meet the reporting requirements that are either contained in the document itself or the governing laws.

516
01:28:47.790 --> 01:29:01.740
Kevin Schrems, EGLE: But once a violation is identified through monitoring, inspection reporting or an icy performance evaluation, the entity, who can enforce can then choose either the informal or formal phase previously described.

517
01:29:05.220 --> 01:29:14.970
Kevin Schrems, EGLE: The irc guidance document describes the potentially available tools for your agency when seeking to choose the informal voluntary compliance assistance approach.

518
01:29:15.720 --> 01:29:34.440
Kevin Schrems, EGLE: Voluntary compliance actions may take many forms and will vary from State to State examples include an informal correction letter, a request for corrective or compliance action, a deficiency letter or an inspection report that identifies one or more issues concerning ice requirements.

519
01:29:35.460 --> 01:29:46.350
Kevin Schrems, EGLE: In my state we are we've taken the approach similar to what the State of Kansas has with a compliance evaluation checklist and we.

520
01:29:47.010 --> 01:30:05.490
Kevin Schrems, EGLE: document all of the situations at the site include photographs and a cover letter and if there is a significant issue you know that'll especially be noted with further follow up but otherwise it just provides a generic overview of the results, a company with a specific checklist.

521
01:30:07.530 --> 01:30:16.950
Kevin Schrems, EGLE: materials that support the informal enforcement action can be provided to further support the action and to assist the obligated party and fully understanding the violation.

522
01:30:17.850 --> 01:30:28.920
Kevin Schrems, EGLE: These materials include the inspection reports photographs maps and copies of relevant regulations or laws it's always handy to hand them the actual institutional control.

523
01:30:31.080 --> 01:30:40.290
Kevin Schrems, EGLE: Now, in the event that the party fails to respond to voluntary compliance measures or fails in any required for corrective action within a specified schedule.

524
01:30:41.100 --> 01:30:55.140
Kevin Schrems, EGLE: Violations with significant environmental impact, or the obligated parties with a history of non compliance me generally big be considered for a notice a violation correspondence without the benefit of voluntary compliance measures.

525
01:30:56.490 --> 01:31:06.120
Kevin Schrems, EGLE: For more administrative enforcement measures may include administrative orders civil judicial action and in the most serious cases criminal action.

526
01:31:14.250 --> 01:31:16.530
Kevin Schrems, EGLE: Just wait for the screen to advance.

527
01:31:20.250 --> 01:31:26.640
Kevin Schrems, EGLE: Okay, so I understand the enforcement process may be a little challenging to put all together, so I tear see.

528
01:31:27.660 --> 01:31:33.990
Kevin Schrems, EGLE: guidance document includes real world case study examples one such example takes place Massachusetts.

529
01:31:35.190 --> 01:31:55.050
Kevin Schrems, EGLE: For a brief timeline between approximately and the late 1980s a building occupy the property with light manufacturing operations between 1989 1990 property assessment identified oil stains soils with PC and PC contaminated groundwater.

530
01:31:56.220 --> 01:32:09.600
Kevin Schrems, EGLE: remedial actions did not satisfy unrestricted residential use, and so in 1995 a notice of activity and use limitation, which is lstms restrictive covenant or.

531
01:32:10.440 --> 01:32:23.640
Kevin Schrems, EGLE: deed restriction synonym was recorded with the local register of deeds office, the Massachusetts department of environmental protection may audit any property for which activity and use limitation was recorded.

532
01:32:25.200 --> 01:32:31.740
Kevin Schrems, EGLE: So, in May of 2012 the State Agency observed soil disturbance and stock bounced around the property.

533
01:32:32.760 --> 01:32:42.540
Kevin Schrems, EGLE: A few months later, the soil samples collected and analyzed detected concentrations of PC and extractable petroleum hydrocarbons.

534
01:32:53.940 --> 01:33:00.660
Kevin Schrems, EGLE: The earthmoving activities by the tenant at the same were observed, without a required health and safety plan or so management plan.

535
01:33:01.140 --> 01:33:14.460
Kevin Schrems, EGLE: Both violations of the activity and use limitation now Massachusetts law provides for administrative penalties of up to $25,000 per day for failure to comply with terms of inactivity and use limitation.

536
01:33:14.910 --> 01:33:23.220
Kevin Schrems, EGLE: That is quite a quite a quite a number of quite a determined in this case the State Agency assess the penalty of approximately.

537
01:33:24.180 --> 01:33:41.640
Kevin Schrems, EGLE: 50 $600 and negotiated an agreement with the property owner to record an amended activity and use limitation to address violations described in the what happened and pay $4,000 in penalties, while the rest were held in abeyance.

538
01:33:44.310 --> 01:33:46.860
Kevin Schrems, EGLE: So there is some wiggle room for enforcement discretion.

539
01:33:48.630 --> 01:33:59.970
Kevin Schrems, EGLE: Massachusetts authorizes administrative enforcement framework that begins with the issuance of compliance assistance letters to property owners, whoever noticed of activity use limitation on the property D.

540
01:34:01.020 --> 01:34:13.860
Kevin Schrems, EGLE: failures identified through the audit program to comply with the activity and use limitation is a failure to comply with Massachusetts law enforcement action may be initiated, as happened in this case.

541
01:34:14.910 --> 01:34:27.150
Kevin Schrems, EGLE: So a takeaway for you is planning for ice enforcement action should take place at the time site specific ic requirements are developed and this is to carefully evaluate the enforceability.

542
01:34:27.690 --> 01:34:42.030
Kevin Schrems, EGLE: Interested parties jurisdictional requirements and methods of enforcement action enforcement planning should occur as early as development of a long term stewardship plan which Lynn Bailey from the state of white will now introduce.

543
01:34:44.670 --> 01:35:00.720
Lynn Bailey, EPA R9: Thanks Kevin i'm actually with EPA now when I started this training, I was working for the Department of Health in Hawaii and their hazard evaluation and emergency response office, but now i'm with EPA region nine super fun division.

544
01:35:02.460 --> 01:35:22.230
Lynn Bailey, EPA R9: This is the piece of the presentation that ties all the pieces of ice lifecycle together all these lines and and arrows that you see come together in the light long term stewardship portion of the ice life cycle so before we move forward i'm going to touch on a few definitions.

545
01:35:23.400 --> 01:35:28.560
Lynn Bailey, EPA R9: As Kevin mentioned in the early slides and institutional control or an icy.

546
01:35:29.610 --> 01:35:41.100
Lynn Bailey, EPA R9: According to our team glossary is a legal or administrative restriction on the use of or access to a site or facility to eliminate or minimize potential exposure to chemicals of concern.

547
01:35:41.880 --> 01:35:52.020
Lynn Bailey, EPA R9: And I mentioning this because it's key to keep in mind that our team document and this training assume that that I see is already in place.

548
01:35:53.400 --> 01:36:10.320
Lynn Bailey, EPA R9: Long term stewardship or long term maintenance, as the discussed earlier is required to ensure that the ice remains protective of human health and the environment throughout the full ice lifecycle and that's the focus of this entire training and also the team document.

549
01:36:11.550 --> 01:36:21.030
Lynn Bailey, EPA R9: The long term stewardship plan or the lts plan is the instruction book of long term stewardship requirements and that's the focus of this next section.

550
01:36:35.040 --> 01:36:40.440
Lynn Bailey, EPA R9: Alright, so I really want to thank that audience Member who discussed.

551
01:36:41.970 --> 01:36:54.120
Lynn Bailey, EPA R9: When I see failures occur because I think most of us do typically think of these icy failures occurring when a properties transfer, we realize oh shoot that building shouldn't have been there.

552
01:36:55.680 --> 01:37:05.250
Lynn Bailey, EPA R9: But you know we've had several examples throughout this presentation, including in that last enforcement section, and then the earlier section, where we were talking about.

553
01:37:05.640 --> 01:37:14.940
Lynn Bailey, EPA R9: installing wells, and I think a lot of us have seen it on construction sites where that soil gets us someplace where it shouldn't have been used because it was contaminated.

554
01:37:15.870 --> 01:37:29.760
Lynn Bailey, EPA R9: So here's an example of an icy breach that happened in Hawaii these photos are from a location that needed emergency utility repairs and it's an area with known contamination.

555
01:37:30.150 --> 01:37:40.110
Lynn Bailey, EPA R9: And contamination that's obvious when it's encountered the first utility company showed up and began the watering and you can see the inlet hoses for the pumps.

556
01:37:40.680 --> 01:37:47.370
Lynn Bailey, EPA R9: In this photo here in the upper left hand corner, but you don't really see where the outlets are going.

557
01:37:48.240 --> 01:37:56.190
Lynn Bailey, EPA R9: Now, unfortunately, there was no frack tank or pump truck at the output end of those hoses the hoses drain to a grassy median.

558
01:37:56.940 --> 01:38:07.140
Lynn Bailey, EPA R9: Then flow to the street and into a storm drain and in Hawaii as you see, in the upper right hand corner this slide storm drains lead directly into the ocean.

559
01:38:07.800 --> 01:38:23.370
Lynn Bailey, EPA R9: So Hawaii state on scene coordinators are emergency responders became aware of the release when someone called to report a large Sheen and the harbor never situation you want to be in at the time of the release there was no long term stewardship plan.

560
01:38:25.170 --> 01:38:32.340
Lynn Bailey, EPA R9: An lts plan or a long term stewardship plan and shows where the contamination is what it is and how to manage it.

561
01:38:33.270 --> 01:38:50.250
Lynn Bailey, EPA R9: Had there been a good long term stewardship plan and had all the stakeholders had access to it that larger issue or those larger issues could have been prevented the release to the ocean, the fines from the state and federal government and all that negative public attention.

562
01:38:53.250 --> 01:39:05.910
Lynn Bailey, EPA R9: So as Kevin mentioned, in spite of the importance of maintaining long term stewardship of ice the it our survey found that only 52% of responding States require some sort of long term stewardship plan.

563
01:39:07.080 --> 01:39:15.180
Lynn Bailey, EPA R9: So our team developed a template to create a solid long term stewardship plan and a tool to help you create the plan of your own.

564
01:39:16.110 --> 01:39:31.320
Lynn Bailey, EPA R9: The long term stewardship plan is written after the institutional control is in place and it functions, much like an operations and means management maintenance and management plan or an EPA ic implementation and assurance plan.

565
01:39:32.460 --> 01:39:43.170
Lynn Bailey, EPA R9: A good long term stewardship plan will pull together the requirements of the institutional control, including any of those engineering controls and management requirements that were discussed earlier as well.

566
01:39:44.010 --> 01:39:49.290
Lynn Bailey, EPA R9: it's also a comprehensive guide for monitoring all the different aspects of ISIS.

567
01:39:50.070 --> 01:39:57.930
Lynn Bailey, EPA R9: A good long term stewardship plan delegates who's responsible for the different steps in monitoring, reporting and enforcing the ic.

568
01:39:58.680 --> 01:40:20.430
Lynn Bailey, EPA R9: The pole at the beginning of today's presentation found that about 62% of you experience I see failure due to inadequate communication and another 39% of trivia that I see fail, and I see failure to inadequate monitoring for ice is to be effective, stakeholders must understand the responsibilities.

569
01:40:21.450 --> 01:40:33.810
Lynn Bailey, EPA R9: The ultimate goal is to keep the requirements of the ice and place long term to protect human health and the environment, even when all the people who initially implemented the ic are no longer part of that project.

570
01:40:35.520 --> 01:40:44.130
Lynn Bailey, EPA R9: The writer and keepers of long term stewardship plans will likely vary by state, but in general obligated parties right in.

571
01:40:45.300 --> 01:40:49.590
Lynn Bailey, EPA R9: In some instances regulatory agencies may choose to write the plans.

572
01:40:50.100 --> 01:41:06.420
Lynn Bailey, EPA R9: For instance, in Hawaii state agencies have written the form of long term storage to plan to manage to manage old sites with historical contamination within public rights of way where the obligated party or the responsible party is no longer identifiable.

573
01:41:07.980 --> 01:41:19.440
Lynn Bailey, EPA R9: Now this slide this slide shows a small subset of people who should keep the long term stewardship plan, but a more complete list was shown on slide 21, and that includes names.

574
01:41:20.520 --> 01:41:30.510
Lynn Bailey, EPA R9: include stakeholders like tenants and adjacent property owners, the long term stewardship plan should also be easily available to the public, upon request.

575
01:41:31.140 --> 01:41:46.260
Lynn Bailey, EPA R9: Generally, the more people who are aware of the locations of institutional controls and the requirements of the institutional controls, the more likely we are to maintain the integrity of the ice and protect human health and the environment.

576
01:41:49.080 --> 01:41:56.310
Lynn Bailey, EPA R9: Although the task of writing a long term stewardship plan may seem daunting it's not as complicated as you may see.

577
01:41:57.180 --> 01:42:09.480
Lynn Bailey, EPA R9: All the historical information needed to set the stage for a successful long term stewardship plan can be found in the site closure documents like records of decision, for instance, as well as the ic document it so.

578
01:42:10.650 --> 01:42:19.890
Lynn Bailey, EPA R9: The same documents that Michael discussed as being important for performance evaluation, are the documents that we need to create the long term stewardship plan.

579
01:42:20.940 --> 01:42:28.560
Lynn Bailey, EPA R9: Some of them are listed here but different states and different programs have different types of documents that can be good resources.

580
01:42:29.430 --> 01:42:36.390
Lynn Bailey, EPA R9: Additionally, some ice or intimacies for sites where remediation is pending or in progress.

581
01:42:37.050 --> 01:42:54.360
Lynn Bailey, EPA R9: In that case, you would pull information from finalized characterization reports like remedial investigation reports or feasibility studies characterization reports, whatever you have that has good good final data in it, as well as from the interim ic document itself.

582
01:42:55.680 --> 01:43:07.110
Lynn Bailey, EPA R9: The long term stewardship plan will build on the information and these documents to tie it into the components, such as monitoring registry outreach and enforcement, that the team discussed earlier.

583
01:43:09.420 --> 01:43:17.610
Lynn Bailey, EPA R9: So our team created an example site called easement to show how simple it can be to create an effective long term stewardship plan.

584
01:43:18.390 --> 01:43:25.680
Lynn Bailey, EPA R9: This site was brought to our attention when the tenants of the casting yard northwest of the site were excavating across the pipeline.

585
01:43:26.490 --> 01:43:43.380
Lynn Bailey, EPA R9: To put in some wiring for some lady it's a fairly open area surrounded by industrial land it's a small rectangular area with institutional controls for observed free product groundwater contamination and soil contamination.

586
01:43:50.850 --> 01:44:06.960
Lynn Bailey, EPA R9: Are for easement long term stewardship plan we pulled some figures from the historical documents we already discussed directly into the plan, including standard figures like site plans with labeled areas of concerns and and institutional control boundaries.

587
01:44:07.500 --> 01:44:13.440
Lynn Bailey, EPA R9: contaminant figures showing delineated contaminated concern boundaries and effective media.

588
01:44:14.790 --> 01:44:25.080
Lynn Bailey, EPA R9: We also pulled other information from tables and text into those documents like site background information past, current anticipated future site us.

589
01:44:25.740 --> 01:44:37.890
Lynn Bailey, EPA R9: And summary of other investigations, like all the impact of media all the sources of chemical releases chemicals of concern applicable screening levels and experiences.

590
01:44:42.870 --> 01:44:56.580
Lynn Bailey, EPA R9: And here's an example of a figure that we pulled into our last term long term stewardship plan from historical documents, the utility excavation where the contamination was initially identified is shown in red.

591
01:44:57.720 --> 01:45:04.470
Lynn Bailey, EPA R9: Five horizontal dotted lines are pipelines which indicate source potential sources of the contamination.

592
01:45:05.070 --> 01:45:17.100
Lynn Bailey, EPA R9: That green rectangle surrounding the site is the area of bounded by the institutional controls coordinates of the icy boundary are shown and call out boxes at the corners of the controlled area.

593
01:45:18.360 --> 01:45:26.670
Lynn Bailey, EPA R9: The property boundary of the easement is near the middle of the site and that's shown by a dashed black line, a road cuts through to the southwest.

594
01:45:27.810 --> 01:45:36.150
Lynn Bailey, EPA R9: The boundary of soil contamination of a screening levels is shown in orange Oh, this is a very simplified map for the presentation.

595
01:45:36.810 --> 01:45:47.310
Lynn Bailey, EPA R9: Your long term stewardship plan contaminant figure most likely will have additional details like call out boxes with contaminant concentrations steps to contaminants etc.

596
01:45:49.500 --> 01:45:58.680
Lynn Bailey, EPA R9: For easement the long term stewardship plan will contain additional maps clearly delineated the groundwater and the free product contamination at this particular site.

597
01:45:59.640 --> 01:46:13.170
Lynn Bailey, EPA R9: Since easement only has one area of concern with one type of icy the simple math type of map is very soon is sufficient, but you might have a site that has multiple icy boundaries.

598
01:46:13.620 --> 01:46:24.630
Lynn Bailey, EPA R9: with different types of contamination different types of restrictions so ensure that your long term stewardship plan figures clearly show all those boundaries and the contaminants within each.

599
01:46:25.650 --> 01:46:34.590
Lynn Bailey, EPA R9: Now, although the technical aspects of contamination management at this site seem simple the management responsibility is not clear.

600
01:46:36.090 --> 01:46:50.010
Lynn Bailey, EPA R9: there's a pipe pipeline easement with two separate companies responsible for the pipelines, the casting yard is run by another company who leases this portion of land from the large landowner in the area.

601
01:46:51.150 --> 01:47:07.470
Lynn Bailey, EPA R9: The contamination was discovered when that cast and your crew excavated in the easement to put in some lights, now that scenario isn't complicated enough at the time of the discovery, the large land owner was finalizing a sale of the land to a new owner.

602
01:47:08.490 --> 01:47:19.440
Lynn Bailey, EPA R9: it's important for the long term stewardship plan to identify all these stakeholders and clarify which is responsible for each step of the monitoring and reporting into the future.

603
01:47:22.110 --> 01:47:38.340
Lynn Bailey, EPA R9: So stakeholders can be a complicated discussion on slide 25 Doug verge discussed how effective communication and outreach between stakeholders can increase ic success, yet the majority of outreach is to the current land on.

604
01:47:39.420 --> 01:47:45.750
Lynn Bailey, EPA R9: On slide 33 Carol discuss many other stakeholders who should have access to ic information.

605
01:47:46.770 --> 01:47:54.690
Lynn Bailey, EPA R9: and table five of the team document list a large variety of stakeholders who must be considered during the life cycle of a successful I see.

606
01:47:56.430 --> 01:48:08.190
Lynn Bailey, EPA R9: The life cycle of the ice may be very long, often the responsible party needs to implement, most of the long term, I sees or he sees engineering controls, monitoring and maintenance.

607
01:48:09.240 --> 01:48:27.750
Lynn Bailey, EPA R9: As Michael noted on slide 56 often States are taking on the responsibility of monitoring or icu sometimes there are layered I sees their overseen by local and state governments, they may be site specific responsibilities they could fall through the cracks.

608
01:48:28.800 --> 01:48:46.740
Lynn Bailey, EPA R9: As we write the long term stewardship plan the roles and responsibilities of each stakeholder must be clearly defined throughout the remaining lifecycle of the ic these responsibilities may include monitoring and performance evaluations enforcement and even modification and termination.

609
01:48:47.970 --> 01:49:03.060
Lynn Bailey, EPA R9: So when there are so many parties involved with with a property that has I sees how can we ensure that the integrity of the institutional controls will continue to protect human health and the environment, well into the future.

610
01:49:04.230 --> 01:49:05.370
Lynn Bailey, EPA R9: there's an APP for that.

611
01:49:06.390 --> 01:49:20.340
Lynn Bailey, EPA R9: So the long term stewardship tool itself functions like an old choose your own adventure book if any of you guys are old school, like me, you might remember those where you'd flip through and you'd read come to the end of a pack a page and you'd see.

612
01:49:22.020 --> 01:49:27.360
Lynn Bailey, EPA R9: you'd get a choice and depending on which choice you chose you go to a different page of the book.

613
01:49:28.680 --> 01:49:36.750
Lynn Bailey, EPA R9: Within the tool you answer questions and the answers you give open up other questions or filter out questions that aren't relevant to your site.

614
01:49:38.190 --> 01:49:50.130
Lynn Bailey, EPA R9: The long term storage tool allows users to generate a long term stewardship plan which can be further edited to smooth the language add or delete information or improve its functionality.

615
01:49:52.410 --> 01:50:00.390
Lynn Bailey, EPA R9: After generating the document coordinate with your local regulators to ensure that the long term stewardship plan meets all regulatory requirements.

616
01:50:07.560 --> 01:50:27.300
Lynn Bailey, EPA R9: So, to begin you'll click on the link within the team document on the ICRC web page to download the tool and will give you that link at the end of this section of the presentation within a zip file you'll see a folder called ic underscore tool and a PDF document called read me first.

617
01:50:28.560 --> 01:50:34.200
Lynn Bailey, EPA R9: Open the readme first file and you'll see step by step instructions for saving and opening the tool.

618
01:50:34.770 --> 01:50:40.470
Lynn Bailey, EPA R9: These instructions will save you from errors and frustration later, so please refer to them before using the tool.

619
01:50:41.100 --> 01:50:45.420
Lynn Bailey, EPA R9: They can also be used to help troubleshoot any issues you encounter while using the tool.

620
01:50:46.320 --> 01:50:53.910
Lynn Bailey, EPA R9: One error that we encountered as we're building the long term stewardship tool resulted when people ran into the pardon me.

621
01:50:54.360 --> 01:51:07.560
Lynn Bailey, EPA R9: When people ran the tool from within the zip file without extracting it so in order to avoid that error, the readme first file instructs you to drag the ic to a file to your desktop before you open it.

622
01:51:11.220 --> 01:51:21.300
Lynn Bailey, EPA R9: Now you'll see an extracted folder called ic underscore tool on your desktop now the name of this file is somewhat misleading and I apologize for that.

623
01:51:21.750 --> 01:51:33.780
Lynn Bailey, EPA R9: We should reiterate that the tool they use to create a long term stewardship plan not and I see please remember this ICRC guidance as soon as that I see is already in place and actually will help form.

624
01:51:34.530 --> 01:51:46.770
Lynn Bailey, EPA R9: your answers on this tool, the tool will help you define the process to manage the requirements of the ic to ensure that the ice remains protective of human health and the environment throughout the full icy lifecycle.

625
01:51:48.450 --> 01:52:01.440
Lynn Bailey, EPA R9: Open the icy underscore underscore tool folder and you will see a folder called images a folder called templates and an excel file called ic underscore tool.

626
01:52:02.040 --> 01:52:06.960
Lynn Bailey, EPA R9: Now it's important please keep all of these files and folders together as they're packaged.

627
01:52:07.350 --> 01:52:17.640
Lynn Bailey, EPA R9: Changing the folder or file names or moving files and folders you know outside of the if you move the sub folders or the file out of the main folder.

628
01:52:18.390 --> 01:52:28.410
Lynn Bailey, EPA R9: it'll hinder the functionality of the tool, while you're using it later on you'll be able to do so and i'll let you know when it's okay click the icy underscore tool itself file to open.

629
01:52:31.380 --> 01:52:39.630
Lynn Bailey, EPA R9: For many users, the tool table of contents will pop up immediately after you open the excel file If so, your screen will look like the next slide.

630
01:52:40.380 --> 01:52:51.060
Lynn Bailey, EPA R9: Other users may need to enable editing enable content and or configure excel to trust vda the first time that you just the first time you use the tool.

631
01:52:51.870 --> 01:52:58.470
Lynn Bailey, EPA R9: The readme first file will show you how to do this, but once those steps are complete your screen will look like this.

632
01:52:59.070 --> 01:53:15.660
Lynn Bailey, EPA R9: Also, if you're in the middle of using the tool and you have to close it to do something else and come back to it later when you reopen that tool to work on it later, you will see the screen so click click here to get started and it'll send you to the forum page where you left off.

633
01:53:17.010 --> 01:53:25.770
Lynn Bailey, EPA R9: You can click reset answers in a clear, all the previous entries and rate and it will return you to the beginning, so you can start over for a new project.

634
01:53:31.860 --> 01:53:43.200
Lynn Bailey, EPA R9: So the first time you use the tool, whether you got here from click here to get started, or whether the tool autos open you'll see the tool table of contents just click next and go to the next slide.

635
01:53:46.500 --> 01:54:02.520
Lynn Bailey, EPA R9: So you'll see a blank form and you'll notice the four buttons at the bottom during anytime in the process of answering questions and creating your long term stewardship plan you can return to the previous page of questions or look at the table of contents.

636
01:54:04.050 --> 01:54:09.540
Lynn Bailey, EPA R9: The button that's marked next is used to advance the tool to the next set of questions for.

637
01:54:09.990 --> 01:54:24.690
Lynn Bailey, EPA R9: However, before you can move to that next set of questions you need to make sure that any question that's marked with a red astronauts has been answered you won't be able to click next until all of those have been completed.

638
01:54:25.560 --> 01:54:32.070
Lynn Bailey, EPA R9: As you answer the questions fill in the information appropriate for your site and right is if you're writing a document.

639
01:54:32.820 --> 01:54:39.420
Lynn Bailey, EPA R9: use the information and the decisions that are written in the ic documentation and the site closure documents.

640
01:54:40.350 --> 01:54:50.550
Lynn Bailey, EPA R9: If there's an interim ic and remediation is ongoing repenting use the information in the interim ic and existing finalized characterization reports.

641
01:54:51.270 --> 01:55:01.890
Lynn Bailey, EPA R9: In some cases the answers you provide in one question on this forum, or in this tool will fill into more than one location in that water stewardship plan and creating.

642
01:55:02.700 --> 01:55:21.360
Lynn Bailey, EPA R9: So be careful not to use sentence fragments or abbreviations unless there's an abbreviation that you might want to use multiple times throughout your long term stewardship plan and that case you may want to enter it as a abbreviation and go back and define the the acronym later.

643
01:55:23.040 --> 01:55:32.730
Lynn Bailey, EPA R9: You will also be able to upload figures into the tool that will be inserted into the document and again choose these figures from existing site documentation if you'd like.

644
01:55:33.660 --> 01:55:40.800
Lynn Bailey, EPA R9: Whenever you'd like to check your work click on the preview button in the lower right hand corner of each section of the form.

645
01:55:44.280 --> 01:55:53.760
Lynn Bailey, EPA R9: The preview button will allow you to see how your information has been filled into the template lts plan and then you can make corrections within the tool, if you wish.

646
01:55:54.420 --> 01:56:10.650
Lynn Bailey, EPA R9: The answers you gave to questions within the tool will be highlighted, wherever the text auto filled into the long term stewardship plan you're you're creating you'll notice the highlighted text imported into the plan, exactly as I wrote it in the form, including the abbreviations.

647
01:56:12.030 --> 01:56:26.040
Lynn Bailey, EPA R9: Based on reviewer comments, if a user's did not answer some questions in the tool we created the preview so it will display a highlighted question not answer within the template.

648
01:56:29.910 --> 01:56:36.060
Lynn Bailey, EPA R9: Our easement site is technically fairly simple with just one area with institutional controls.

649
01:56:36.630 --> 01:56:52.320
Lynn Bailey, EPA R9: However, if you have a property with different institutional controls different areas, you can use the long term stewardship tool to create a plan that will work in multiple areas just select yes for the second, third or fourth areas as needed.

650
01:56:55.680 --> 01:57:05.490
Lynn Bailey, EPA R9: You will then be led through a series of questions about which types of contamination are controlled with institutional controls and engineering controls within each of the areas.

651
01:57:17.100 --> 01:57:23.700
Lynn Bailey, EPA R9: Michael discuss the importance of monitoring and performance evaluation and gave some examples on slide 43.

652
01:57:24.450 --> 01:57:38.640
Lynn Bailey, EPA R9: The long term stewardship tool asked questions in the monitoring section that tie back to the institutional controls and engineering controls requirements specified in earlier questions in the forums in the lts tool.

653
01:57:39.660 --> 01:57:52.320
Lynn Bailey, EPA R9: This section of the tool helps you choose what types of monitoring are required, who is responsible for the monitoring how to report the results and how frequently to monitor and who to report to.

654
01:57:54.150 --> 01:58:00.540
Lynn Bailey, EPA R9: After completing this section of the tool, a table like this will be included in the long term storage ship plan for your site.

655
01:58:02.400 --> 01:58:13.770
Lynn Bailey, EPA R9: So additional known and potential stakeholders from table five of the ICRC document will be included in an appendix of a plan so if you need to update this table later, you can refer to that appendix.

656
01:58:16.440 --> 01:58:22.590
Lynn Bailey, EPA R9: So this slide shows you how these tables are generated within the tool, the column headings are shown.

657
01:58:23.010 --> 01:58:39.450
Lynn Bailey, EPA R9: And one blank row is provided you click on a cell and select a response from a pulldown tab or you type in a response when you complete the role click on the plus sign to add a new row continue filling information and adding rose until your table is complete.

658
01:58:41.340 --> 01:58:49.140
Lynn Bailey, EPA R9: After all, the required questions have been answered tables have been generated and figures have been uploaded to upload it to the tool.

659
01:58:49.740 --> 01:59:01.560
Lynn Bailey, EPA R9: click on the create report button in the bottom right hand corner of the last page and a document called ICRC, I see final will be created in the folder with a template.

660
01:59:02.760 --> 01:59:11.610
Lynn Bailey, EPA R9: feel free to save this as another name in another folder you can edit it as you would any other word document you can edit the text.

661
01:59:12.210 --> 01:59:25.650
Lynn Bailey, EPA R9: format, the text head format, the headings add or delete image files spellcheck update the table of contents cut and paste move things around whatever you would do with a normal word document.

662
01:59:26.850 --> 01:59:38.910
Lynn Bailey, EPA R9: In the final document the unanswered questions will be blanks that question not answered texts will be gone there won't be highlighted text indicating answers to the questions in the form either.

663
01:59:40.710 --> 01:59:46.560
Lynn Bailey, EPA R9: In addition to saving the word file of the plan you can also save the form answers and update them later.

664
01:59:47.130 --> 01:59:53.610
Lynn Bailey, EPA R9: Or you can reset the form to use it for new long term stewardship plan for another site just make sure you have already.

665
01:59:54.180 --> 02:00:03.390
Lynn Bailey, EPA R9: saved your template and, if you want to keep that original form, make sure you save a copy of that to another folder elsewhere, so it doesn't reset.

666
02:00:04.170 --> 02:00:16.920
Lynn Bailey, EPA R9: The whole template you just made, would you save it click the table of contents button, in the form to return to the beginning, so, then you close the form and click the reset answers button to use it on an.

667
02:00:17.550 --> 02:00:33.090
Lynn Bailey, EPA R9: As a clean tool for a new project so as promised here's the link, so you can download your tool and generate your own long term stewardship plan and here's Carol to summarize all the information that we discussed today.

668
02:00:36.420 --> 02:00:48.450
Carol Murphy, CHMM, Trihydro Corporation: Well, thank you Lynn so to wrap up i'd like to circle back around to the diagram that you see on your screen, which is the icy life cycle that we've presented throughout the.

669
02:00:49.050 --> 02:00:51.750
Carol Murphy, CHMM, Trihydro Corporation: presentation and now in throughout the guidance document.

670
02:00:52.680 --> 02:01:01.560
Carol Murphy, CHMM, Trihydro Corporation: The blue arrows across the top show the critical elements of the icy life cycle and then beneath the life cycle, we listed the critical elements that should be considered.

671
02:01:01.950 --> 02:01:09.990
Carol Murphy, CHMM, Trihydro Corporation: To achieve a successful ice management program and we believe that failure of any of the elements can result in failure of the ic.

672
02:01:10.470 --> 02:01:26.730
Carol Murphy, CHMM, Trihydro Corporation: And as we've discussed these elements, essentially form the structure of the guidance document and the gangster document also provides examples and recommendations for good stewardship practices, including the tool that Lynn just presented for developing a long term stewardship plan.

673
02:01:33.930 --> 02:01:43.410
Carol Murphy, CHMM, Trihydro Corporation: So, as we wrap up i'd like to ask you to think about the ice is where you are a stakeholder and ask yourself how the ice is are being managed at your sites.

674
02:01:43.890 --> 02:01:53.940
Carol Murphy, CHMM, Trihydro Corporation: To ensure long term success and to circle back around to our survey when we asked the states in 2015 We found that over half.

675
02:01:54.480 --> 02:02:02.490
Carol Murphy, CHMM, Trihydro Corporation: Of the state's responding do not did not at the time have standard practices in place for managing ice across their various programs.

676
02:02:02.850 --> 02:02:14.970
Carol Murphy, CHMM, Trihydro Corporation: So if you don't currently have an icy a formal ice management program don't worry you're not alone, but over the past five years of our understanding is that more and more people are are getting on board with.

677
02:02:16.320 --> 02:02:26.700
Carol Murphy, CHMM, Trihydro Corporation: updating their ice management programs, we hope this training has provided valuable information to help you develop a long term stewardship program for the ice that you're safe.

678
02:02:27.300 --> 02:02:34.590
Carol Murphy, CHMM, Trihydro Corporation: But we also realize that you're going to have to go back to your organizations and convince key decision makers to spend the time and the money.

679
02:02:34.950 --> 02:02:39.930
Carol Murphy, CHMM, Trihydro Corporation: To put these programs into place and we'd like to encourage you to use the guidance document.

680
02:02:40.320 --> 02:02:52.950
Carol Murphy, CHMM, Trihydro Corporation: To support your cause when you're having these discussions with the key decision makers in your organizations and you can use the guidance document as a credible consensus based tool to support these discussions.

681
02:02:55.530 --> 02:03:09.180
Carol Murphy, CHMM, Trihydro Corporation: And remember the ultimate goal of ISIS is to prevent exposure to contamination that's been left in place it's really that simple if there's a failure of an icy the risk of the exposure to contamination goes up.

682
02:03:12.750 --> 02:03:19.860
Carol Murphy, CHMM, Trihydro Corporation: Ultimately we help this guidance document will help you avoid the situations like the ones in Michigan and Hawaii that we presented earlier.

683
02:03:20.160 --> 02:03:27.570
Carol Murphy, CHMM, Trihydro Corporation: And we believe these situations, could have been avoided if the States had used the recommendations and suggestions presented in the document.

684
02:03:28.080 --> 02:03:35.640
Carol Murphy, CHMM, Trihydro Corporation: In fact, in Hawaii there wasn't another emergency utility repair in the same area as the one described earlier.

685
02:03:36.000 --> 02:03:49.200
Carol Murphy, CHMM, Trihydro Corporation: But the second time around the utility company used frack tanks to collect around water instead of discharging to the storm drain so they did it right, the second time around, since they were aware of the impact of groundwater so awareness is important.

686
02:03:49.980 --> 02:03:56.430
Carol Murphy, CHMM, Trihydro Corporation: Not to conclude our presentation we'd like to encourage you to review the guidance document and try out the long term stewardship plan.

687
02:03:56.790 --> 02:04:06.150
Carol Murphy, CHMM, Trihydro Corporation: And we know we've covered a lot of information today, so if you'd like to go back and review the presentation an archive of the training session is available through ICRC.

688
02:04:06.510 --> 02:04:17.250
Carol Murphy, CHMM, Trihydro Corporation: And also, please feel free to contact any of the trainers, if you have further questions our contact information was provided on the slide at the beginning of the PowerPoint presentation.

689
02:04:17.580 --> 02:04:26.160
Carol Murphy, CHMM, Trihydro Corporation: which is available on the website with that we'd like to thank you for participating in the training today and i'll turn it back over to the moderator for the Q amp a session.

690
02:04:28.320 --> 02:04:36.990
Devin Seckar, ITRC: All right, thank you Carol and with that we will go right into our last Q amp a portion of the training today.

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Devin Seckar, ITRC: And if you guys have any questions and what our trainers to address them, please put them in the pod now so that we can get to that and before we do that and to give you guys some time to enter those questions, I would just like to remind you that we do have a feedback form available.

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Devin Seckar, ITRC: to let us for you all to let us know how the training with today, the link is here on the slide under the third bullet.

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Devin Seckar, ITRC: So be sure to fill that out, especially if you would like a certificate of completion for today's training.

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Devin Seckar, ITRC: So i'll wait a few minutes, and if there are any questions, we can address them and if not, we can wrap up the training a little bit early.

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Devin Seckar, ITRC: Alright doesn't look like we have any questions for our trainers, I did just put the link to the feedback form in the chat is also on the training page that brought you here, though, one of the last tabs.

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Devin Seckar, ITRC: called feedback form so with that will conclude our training for today, thank you attend our attendees for coming and joining us, and thank you trainers for.

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Devin Seckar, ITRC: for being here today, if you need any further clarification on any.

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Devin Seckar, ITRC: Questions or you have any further questions feel free to email us at training at ITC web.org and we will follow up with our trainers to get your questions answered you're also welcome like Carol said to follow up with our trainers directly, you can find their emails.

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Devin Seckar, ITRC: In the PowerPoint, which is also posted on the training page that brought you here today.

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Devin Seckar, ITRC: So with that.

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Devin Seckar, ITRC: I hope everybody has a wonderful rest of their afternoon, and we will conclude today's training.