Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property.
Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are Environmental Easement Page 3 County: Westchester Site No: C360083 Xxxxxxxxxx Cleanup Agreement Index : A3-0572- 1006 as amended August 21, 2017 binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property.
Institutional and Controls. The controls and requirements listed in the Department approved Site Management lan ("SMP") including any and all Department approved amendments to the SM are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled roperty, run with the land. are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled roperty, any lessees and any person using the Controlled Property.
Institutional and Controls. The controls and requireThents listed in the DepartThent approved Site ManageThent Plan ("SMP") including any and all DepartThent approved aThendThents to the SMP are incorporated into and Thade part of this EnvironThental EaseThent. These controls and requireThents apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property.
Institutional and Controls. The controls and requirements listed in the Department approved Post -Closure Monitoring & Maintenance Plan (a/k/a "Site Management Plan" or "SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property.
Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan (" S M P")including any and all Department approved amendments to the S M P are incorporated into and made p art of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property,run with the land,are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property.
Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and al Department approved amendments to the S.rvn> are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Granter and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. The current Responsible Party to remediate the Controlled Property and implement the S.rvn> is Ceramtec North America Corporation :tlk/a Interceram.
Institutional and Controls. The controls and requirements listed in the Department approved Site tfanagement Plan ("StfP") including any and all Department approved amendments to the StfP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Granter and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Control ed Prope1ty, any lessees and any person using the Controlled Property.
Institutional and Controls. The controls and requitfements listed in the Department apptfoved Site Management Plan ("SMP") including any and all Depatftment approved amendments to the SMP are inco.tfporated into and made part of this Environmental Easement. These controls and tfequirements apply to the use of the Controlled Property, run with the land, are binding.on the Grantor and the Grantor's successors and assigns, and atfe enfotfceable in Jaw or equjty against any owner of the Conttfolled Propetfty, any lessees and any person using the Controlled Ptfoperty.
Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property.
(1) The Controlled Property may be used for: Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-1.8(g)(2)(iv)
(2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP);
(3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP;
(4) The use of groundwater underlying the property is prohibited without necessary water quality treatment as determined by the NYSDOH or the Oneida County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department;
(5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP;
(6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP;
(7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; Environmental Easement Page 2 County: Oneida Site No: E633064 State Assistance Contract : C303406
(8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP;
(9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP;
(10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement.
B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-J .8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or e...
