Current through Register Vol. 48, No. 38, September 20, 2024
a) A Land Use
Control Memorandum of Agreement (LUC MOA) between one or more agencies of the
federal government and the Illinois Environmental Protection Agency is the
institutional control that shall be used under this Part to impose land use
limitations or restrictions related to environmental contamination on Federally
Owned Property. A LUC MOA may be used only for Federally Owned Property. Each
LUC MOA, at a minimum, must require that the Federal Landholding Entities
responsible for the Federally Owned Property do the following:
1) Provide adequate identification of the
location on the Federally Owned Property of each site with land use limitations
or requirements. Such identification shall be by means of common address,
notations in any available facility master land use plan, site specific GIS or
GPS coordinates, plat maps, or any other means which identifies the site in
question with particularity;
2)
Implement periodic site inspection procedures to ensure adequate oversight by
the Federal Landholding Entities of such land use limitation or
requirement;
3) Implement
procedures for the Federal Landholding Entities to periodically advise the
Agency of continued compliance with the maintenance of the land use control and
site inspection requirements included in the LUC MOA;
4) Implement procedures for the Federal
Landholding Entities to notify the Agency of any planned or emergency changes
in land use that may adversely impact any site with land use limitations or
requirements; and
5) Notify the
Agency at least 60 days in advance of a conveyance by deed or fee simple title,
by the Federal Landholding Entities, of a site with land use limitations or
requirements, to any entity that will not remain or become a Federal
Landholding Entity, and provide the Agency with information about how the
Federal Landholding Entities will ensure that the requirements of Section
742.1010
are to be satisfied upon conveyance of that site.
b) Any LUC MOA entered into pursuant to this
Section remains effective only so long as title to the affected property is
retained by the United States.
