Long-Term Stewardship, or LTS
About Long-Term Stewardship Tools
There are two main categories of long-term stewardship tools:
Engineering controls are physical controls put into place at a site to prevent human and ecological exposure to contamination by limiting direct contact with contaminated areas, reducing contamination levels or controlling the spread of contaminants through the environment. Examples include warning signs, fences, caps, slurry walls, extraction wells and treatment methods that minimize the spread of contamination. Engineered controls require ongoing evaluation, inspections, maintenance and periodic repairs.
Institutional Controls are administrative or legal instruments intended to minimize the potential for human exposure to contamination by limiting land or resource use. Institutional controls may be used either alone or in combination with engineered controls to ensure their ongoing effectiveness. There are four categories of institutional controls:
- The Registry of Confirmed Abandoned or Uncontrolled Hazardous Waste Disposal Sites in Missouri is maintained by the Department of Natural Resources pursuant to Missouri Revised Statutes at section 260.440, RSMo. This law authorizes the department to place certain sites on a publicly available list, file notices in the chain of title and mandates that buyers are informed of the contamination and that changes in property use are approved by the department.
- The Missouri Well Construction Code, Sensitive Areas is a state regulation that sets specific standards for wells constructed in areas designated as sensitive under 10 CSR 23-3.100.
- City of St. Louis Groundwater Ordinance and Memorandum of Understanding with the department is an agreement that allows the use of a city ordinance to serve as an LTS institutional control. Ordinance 66777 prohibits the use or attempted use of groundwater as a potable water supply and the drilling or installation of wells to be used for a potable water supply within the corporate limits of the City of St. Louis.
- The Jasper County Environmental Contamination Ordinance requires soil testing for regulated contaminates on Superfund designated properties associated with new construction of a dwelling, dwelling unit or other child occupied facility or recreational area. The ordinance also requires that all existing wells be tested for metals when the property is transferred or sold.
1. Proprietary controls, such as environmental covenants, have their basis in real property law and rely on legal instruments placed in the chain of title for the property. Proprietary controls can be implemented between two parties without the intervention of any federal, state or local regulatory authority or agencies may be a signatory. The enforceability of proprietary controls, including ones with environmental restrictions, is typically subject to state law.
The Missouri Uniform Environmental Covenants Act, or MoECA, found in the Missouri Revised Statutes at sections 260.1000 to 260.1039, RSMo., became effective on Jan. 1, 2008. The law creates a uniform standard for environmental covenants that increases their reliability when used as part of the cleanup of contaminated sites. Environmental covenants are intended to restrict or prohibit human activities and property use in a manner that will prevent exposure to contamination. The law also directs the department to create a public database of properties for which such an environmental covenant has been filed. MoECA helps ensure land use controls needed in connection with an environmental cleanup will be reliable and enforceable for as long as they are needed to protect people living and working on or near these sites. The act does not apply to above ground or underground storage tank sites, as defined in 319.100, RSMo. To learn more about MoECA, read the department’s MoECA fact sheet (PUB2414).
2. Governmental controls are usually implemented and enforced by a state or local government and may include zoning restrictions, ordinances, statutes, building permits or other provisions that restrict land or resource use at the site. Examples of governmental controls in Missouri include:
3. Enforcement and permit tools include permits, administrative orders and consent decrees that are enforceable by state and/or federal agencies. Most enforcement agreements are binding on only the signatories, and the property restrictions do not bind subsequent owners.
4. Informational devices provide information about risks from contamination and generally are not legally enforceable. These devices include deed notices, LTS data and information tracking systems, lists maintained by regulatory agencies and public health advisories.