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Environmental Covenant Guidance

Environmental Covenant Guidance. Certified Professional Coffee April 13, 2015 Sydney Poole – DERR-VAP Sue Kroeger – Legal. Updated April 2015. Ground water AUL expanded to include generic language for allowing Non-potable ground water use, while restricting potable use

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Environmental Covenant Guidance

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  1. Environmental Covenant Guidance Certified Professional Coffee April 13, 2015 Sydney Poole – DERR-VAP Sue Kroeger – Legal

  2. Updated April 2015 • Ground water AUL expanded to include generic language for allowing • Non-potable ground water use, while restricting potable use • Separate ground water zone restrictions

  3. ZONE 1 Option 1 – Prohibition on ALLground water use

  4. ZONE 1 Option 2 – Prohibition on potable use

  5. ZONE 1 Till ZONE 2 Option 3– Prohibition on extraction or use of ground water from a specific contaminated zone.

  6. Generic Language For Prohibitions on Ground Water Extraction and Use • Use of Option 2 or 3 requires compliance with OAC 3745-300-11(C)(8) through a property-specific investigation, to demonstrate • Protectiveness of ground water meeting UPUS • Applicable standards met for all complete exposure pathways for the allowed ground water use

  7. Land use AULs • Commercial and industrial land use • Updated definitions • Included prompt to add examples of allowable use • Restricted residential • Two examples

  8. Building occupancy AUL • Same approach, revised format • Counsel volunteers and owners: • ORC 3746.05 risks • Implications for remedy or demonstration obligation • Other ways to achieve compliance

  9. Roles • CP: • Coordinate with others involved • Determine appropriate AUL language • Volunteer and owner: • Involve legal counselto develop the proposed EC • Provide the proposed EC for CP’s NFA letter

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