Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.18 - Appendix C - Environmental Land Usage Restriction

Current through June 14, 2024
This Declaration of Environmental Land Usage Restriction
					 ("Restriction") is made on this day of__________, [20__] by [Property Owner], a
					 corporation qualified in Rhode Island, and its successors and/or assigns (the
					 "Grantor").
WITNESSETH:
WHEREAS, the Grantor is the owner in fee simple of certain
					 real property [Plat, Lot(s), address and City or Town] Rhode Island (the
					 "Property"), more particularly described in Exhibit A [Legal Description]
					 attached hereto and made a part hereof;
WHEREAS, the Property has accepted contaminated dredge
					 sediments in excess of the Residential Direct Exposure Criteria pursuant to the
					 Rules and Regulations for the Investigation and Remediation of Hazardous
					 Material Releases ("Remediation Regulations");
WHEREAS, the Grantor has determined that the environmental
					 land use restrictions set forth below are consistent with the regulations
					 adopted by the Rhode Island Department of Environmental Management
					 ("Department") pursuant to R.I. Gen. Laws §
										23-19.1-14;
WHEREAS, the Department's written approval of this
					 Restriction is contained in the document entitled: []; and,
WHEREAS, the [Property/Contaminated Site] (or portion
					 thereof identified in the Class I survey which is attached hereto as Exhibit B
					 and is made a part hereof) has been determined to contain contaminated dredge
					 sediments; and,
WHEREAS, to prevent exposure to or migration of hazardous
					 substances and to abate hazards to human health and/or the environment, and in
					 accordance with the Remediation Regulations, the Grantor desires to impose
					 certain restrictions upon the use, occupancy, and activities of and at the
					 [Dredged material disposal site];
WHEREAS, the Grantor believes that this Restriction will
					 effectively protect public health and the environment from such contamination;
					 and,
WHEREAS, the Grantor intends that such restrictions shall
					 run with the land and be binding upon and enforceable against the
					 Grantor.
NOW, THEREFORE, Grantor agrees as follows:
Restrictions Applicable to the [Dredged material disposal
					 site]: In accordance with the [permit], the Grantor shall assure that the use,
					 occupancy and activity of and at the [Dredged material disposal site] are
					 restricted as follows:
No residential use of the [Property] is permitted;
No groundwater at the [Property] is used as potable
					 water;
No soil at the [Property] is disturbed in any manner
					 without written permission of the Department;
Water does not infiltrate soils at the [Property]
					 containing hazardous substances in concentrations exceeding the applicable
					 Department approved leachability criteria pursuant to the Remediation
					 Regulations;]
No action shall be taken, allowed suffered, or omitted if
					 such action or omission is reasonably likely to:
Create a risk of migration of hazardous substances or
					 potential hazard to human health or the environment; or,
Result in a disturbance of the structural integrity of any
					 engineering controls designed or utilized at the [Property] to contain
					 hazardous substances or limit human exposure to hazardous substances.
Emergencies: In the event of any emergency which presents a
					 significant risk to human health or to the environment, including but not
					 limited to maintenance and repair of utility lines or a response to emergencies
					 such as fire or flood, the application of Paragraphs A (iii.-vii.) and B above
					 may be suspended, provided such risk cannot be abated without suspending such
					 Paragraphs and the Grantor complies with the following:
Notifies in writing the Department of the emergency as soon
					 as possible but no more than three (3) business days after having learned of
					 the emergency. (This does not remove Grantor's obligation to notify any other
					 necessary state, local or federal agencies.);
Limits both the extent and duration of the suspension to
					 the minimum period reasonable and necessary to adequately respond to the
					 emergency;
Implements reasonable measures necessary, at that time, to
					 prevent actual, potential, present and future risk to human health and the
					 environment resulting from such suspension;
Communicates at the time of written notification to the
					 Department his or her intentions to conduct the emergency response actions and
					 provides a schedule to complete the emergency response actions;
Continues to implement the emergency response actions, on
					 the schedule submitted to the Department, to ensure that the [Property] is
					 restored to its condition prior to such emergency. Based upon information
					 available to the Department at the time of execution pertaining to
					 environmental conditions at the [Property], maintenance and repair of utility
					 lines shall only require restoration of the [Property] to its condition prior
					 to the maintenance and repair of the utility lines.
Submits to the Department, at the completion of the
					 emergency response action, a status report describing the emergency activities
					 that have been completed.
Release of Restriction; Alterations of Subject Area: The
					 Grantor shall not make, or allow or suffer to be made, any alteration of any
					 kind in, to, or about any portion of the [Property] inconsistent with this
					 Restriction unless the Grantor has first received the Department's written
					 approval of such alteration. If the Department determines that the proposed
					 alteration is significant, it may require the amendment of this Restriction.
					 Insignificant alterations will be approved by the Department via a letter from
					 the Department. The Department shall not approve any such alteration and shall
					 not release the [Property] from the provisions of this Restriction unless the
					 Grantor demonstrates to the Department's satisfaction that Grantor has managed
					 the [Property] in accordance with applicable regulations.
Notice of Lessees and Other Holders of Interests in the
					 [Property]: The Grantor, or any future holder of any interest in the
					 [Property], shall cause any lease, grant, or other transfer of any interest in
					 the [Property] to include a provision expressly requiring the lessee, grantee,
					 or transferee to comply with this Restriction. The failure to include such
					 provision shall not affect the validity or applicability to the [Property] of
					 this Restriction.
Severability and Termination: If any court of competent
					 jurisdiction determines that any provision of this Restriction is invalid or
					 unenforceable, the Grantor shall notify the Department in writing within
					 fourteen (14) days of such determination.
Binding Effect: All of the terms, covenants, and conditions
					 of this Restriction shall run with the land and shall be binding on the Grantor
					 and each owner and any other party entitled to possession or use of the
					 [Property] during such period of ownership or possession.
Inspection & Non-Compliance: It is the obligation of
					 the Grantor, or any future holder of any interest in the [Property/Contaminated
					 Site], to provide for independent inspections of the [Property] for compliance
					 with the ELUR every five (5) years.
[An officer or director of the company with direct
					 knowledge of past and present conditions of the [Property] (the "Company
					 Representative"), or] A qualified environmental professional will, on behalf of
					 the Grantor or future holder of any interest in the [Property], evaluate the
					 compliance status of the [Property] every five (5) years. Upon completion of
					 the evaluation, the [Company Representative or] environmental professional will
					 prepare and simultaneously submit to the Department and to the Grantor or
					 future holder of any interest in the [Property] an evaluation report detailing
					 the findings of the inspection and noting any compliance violations at the
					 [Property]. If the [Property] is determined to be out of compliance with the
					 terms of the ELUR, the Grantor or future holder of any interest in the
					 [Property/Contaminated Site] will submit a corrective action plan in writing to
					 the Department within ten (10) days of receipt of the evaluation report,
					 indicating the plans to bring the [Property/Contaminated Site] into compliance
					 with the ELUR, including, at a minimum, a schedule for implementation of the
					 plan.
In the event of any violation of the terms of this
					 Restriction which remains uncured more than ninety (90) days after written
					 notice of violation, all approvals and agreements relating to the [Property]
					 shall be null and void at the option of the Department.
Terms Used Herein: The definitions of terms used herein
					 shall be the same as the definitions contained in Section
					 3(DEFINITIONS)
					 of the Remediation Regulations.
It is so agreed:
[Name of person(s), company, LLC or LLP] By:
Date:
Grantor
So Sworn Before Me:
Date:.
Notary Public
My Commission Expires:
Date: