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Published byChloe Terry Modified over 8 years ago
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Environmental Covenant Guidance Certified Professional Coffee April 13, 2015 Sydney Poole – DERR-VAP Sue Kroeger – Legal
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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
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ZONE 1 Option 1 – Prohibition on ALL ground water use
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ZONE 1 Option 2 – Prohibition on potable use
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Till ZONE 1 ZONE 2 Option 3 – Prohibition on extraction or use of ground water from a specific contaminated zone.
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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
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Land use AULs Commercial and industrial land use – Updated definitions – Included prompt to add examples of allowable use Restricted residential – Two examples
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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
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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
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