Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES
Section 58.01.24.600 - ACTIVITY AND USE LIMITATIONS

Universal Citation: ID Admin Code 58.01.24.600

Current through August 31, 2023

01. Purpose. The provisions of the Uniform Environmental Covenants Act (UECA), Chapter 30, Title 55, Idaho Code, may be utilized to create restrictions and/or obligations regarding activity and use to protect the integrity of a cleanup action and assure the continued protection of human health and the environment. Activity and use limitations shall be proposed as elements of a corrective action plan in at least the following circumstances: (3-31-22)

a. Where onsite current or proposed land use is not residential and maximum residual site concentrations are greater than screening levels for residential use; (3-31-22)

b. Where onsite current or proposed land use is not residential and the risk or hazard calculated for residential receptors through an approved risk evaluation is unacceptable; (3-31-22)

c. Where off-site ground water concentrations exceed residential use screening levels or risk based concentrations; or (3-31-22)

d. When the Department determines, based upon the proposed corrective action plan, that such activity and use limitations are required to assure the continued protection of human health and the environment or the integrity of the cleanup action. (3-31-22)

02. Documentation of Controls. Activity and use limitations, approved by the Department, shall be described in an environmental covenant executed pursuant to the UECA and shall be incorporated into a corrective action plan. (3-31-22)

03. Removal of Activity and Use Limitations. Activity and use limitations may be removed from a site in accordance with Sections 55-3009 and 55-3010, Idaho Code, of UECA. (3-31-22)

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