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: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), 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 New York City Department of Health and Mental Hygiene 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;
(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 repo1ting of any mechanical or physical components of the remedy shall be performed as defined in the SMP;
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.
(I) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), 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)
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 ofthe 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-l.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.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 New York City Department of Health and Mental Hygiene 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 Environmental Easement Page 2 County: Kings Site No: C224205 Xxxxxxxxxx Cleanup Agreement Index : C224205-02-15 as amended July 13, 2018 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;
(8) Monitoring to assess the performance and effectiveness ofthe 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 ofNew 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-l.8(g)(2)(i) and (ii), and the above-stated engineering cont...
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 portion of the Controlled Property identified in Schedule A as "Parcel 2" may be used for Commercial as described in 6 NYCRR Part 375-
Institutional and Controls. The controls and requirements to be listed in a 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 and run with the land. To the extent there are any inconsistencies between the SMP and this Easement, the terms of the SMP shall control. The below institutional controls 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 in a manner specified below.
A. The following institutional controls shall be implemented by Grantors:
(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) Grantor and subsequent Site owners shall ensure that the Environmental Easement remains in place and effect.
(3) Grantor shall ensure that the use of groundwater underlying the property is prohibited without necessary water quality treatment as determined by the NYSDOH or the Nassau 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. Grantor shall adhere to the institutional controls required by the Environmental Easement, including the prohibition of the use of groundwater underlying the property without treatment rendering it safe for intended use; the prohibition of raising livestock or producing animal products for human consumption; and the prohibition of installation of a basement beneath on-site structures.
(4) All future activities on the property that will disturb remaining County: Nassau Site No: 130174 contaminated material must be conducted in accordance with the SMP. The current use of the property for commercial/industrial purposes at the time of the execution of this easement will be an acceptable use under the SMP.
(5) Upon the Department's written request with reasonable advance notice, Granter and subsequent Site owners shall submit a written statement certifying that:
(1) the institutional and engineering controls at the property:
(i) are in-place;
(ii) are unchanged from the previous certification, or that any identified changes to the controls employed were appr...
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 Granter and the Grantor's successors and assigns, and are en forceable 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 SM P;
(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 SM P;
(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 SM P;
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.
(I) 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), and as its current use for Research, Development and Technology uses as described in Glenville Town Code 270-20.
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: 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 Nassau 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;
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.
(I) The Controlled Property may be used for: Commercial use as described in 6 NYCRR Part 375-1.8(g)(2)(iii) which includes passive recreational uses, which are public uses with limited potential for soil contact; and Industrial use as described in 6 NYCRR Part 375-1.8(g)(2)(iv).
