Part 201 RC and NAI

Michigan Department of Environment, Great Lakes, and Energy sent this bulletin at 10/18/2017 10:52 AM EDT

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The Michigan Department of Environmental Quality (MDEQ), Remediation and Redevelopment Division (RRD) has revised the Part 201 Declaration of Restrictive Covenant model document and the Part 201 Notice of Aesthetic Impact model document.

 

The model Declaration of Restrictive Covenant may be used to place activity or use limitations at a property that reduce or restrict exposure to environmental contamination left in-place. The model Declaration of Restrictive Covenant follows the requirements and options listed under Section 20121 of Part 201, and is provided to the public as preliminary guidance as to the content, format, and terms of the Declaration of Restrictive Covenant. 

 

The Notice of Aesthetic Impact may be used when, upon completion of a remedial action, the only criteria exceeded at the facility are based on aesthetic impacts, or an adverse taste or odor threshold. Specifically, a Notice of Aesthetic Impact may be used as an institutional control if groundwater contaminant concentrations exceed the aesthetic drinking water criterion, but do not exceed the applicable health-based drinking water criterion.

 

These model documents are located on the MDEQ’s Part 201 Program Forms and Documents webpage.

 

For questions regarding these model documents, please contact Kevin Schrems, MDEQ, RRD, at 517-284-5149, or schremsk@michigan.gov.

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For website and listserver questions, please contact Susan Norton, MDEQ, RRD,

at 517-897-2954, or nortons1@michigan.gov.