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 – Separate ground water zone restrictions

ZONE 1 Option 1 – Prohibition on ALL ground water use

ZONE 1 Option 2 – Prohibition on potable use

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

Generic Language For Prohibitions on Ground Water Extraction and Use Use of Option 2 or 3 requires compliance with OAC (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

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

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

Roles CP: – Coordinate with others involved – Determine appropriate AUL language Volunteer and owner: – Involve legal counsel to develop the proposed EC – Provide the proposed EC for CP’s NFA letter