[CPEO-BIF] IC audits --- any data?

["Robert Hersh" <b_hersh@verizon.net>]

The Wisconsin Department of Natural Resources (WDNR) has developed a
process to audit sites closed with institutional controls (ICs) and
recently reported the results from an audit of  twenty four sites that
have been closed with  ICs.   

The purpose of the IC audit, according to WDNR, "is to evaluate the site
for compliance with the conditions set at the time the "no further
action" determination was made, to ensure those actions are effective."
WDNR staff , rather than consultants, perform the audit.  It begins with
a file review of case information about the site, and includes a site
visit, ideally with the owner or responsible party.  The site review is
intended to answer the following questions: 

Have site conditions changed since the closure of the case that would
affect either a deed restriction or other requirements associated with
the site?

Has additional monitoring or remediation been done since the site was
closed?

If a performance standard was the final remedy, has it been altered?

Has local zoning changes occurred since closure?

Were any new potential sources of contamination identified, and if so,
does sampling need to be performed?

If a new threat to public health or the environment exists, what should
be done to address the problem and by whom? 

Of the 24 inspections conducted, follow up actions were recommended at 5
sites that were out of compliance.  Post-closure compliance problems
included:  removal of a protective cap,  failure to maintain a cap;
failure to record a deed restriction,  the lack of an annual cap
inspection; and new release from a drum storage area.  According to
WNDR, regional staff are now taking action to ensure that these sites
return to compliance.  

Do any of our listserve subscribers have information about IC audit
programs in other states?  At CPEO, we'd like to learn more about the
following issues.  First, by what criteria do agencies select sites to
be audited?  Do agency staff conduct the audit or are they done by
contractors?  Are the results of the audit made public, and if so, how?
What rate of non compliance have other states experienced and what
factors explain this non-compliance.  Wisconsin has used EPA funding,
under Section 128(a), to fund its program. How are other states funding
IC audits?  It would also be interesting to know when a breach occurs,
what thresholds for enforcement are employed by various states, and what
criteria are used to select appropriate enforcement responses.   


Bob Hersh
Program Director
Center for Public Environmental Oversight (CPEO)
44 Portland St., 7th Floor
Worcester, MA 01608

Tel:    508-756-8585
email:  bhersh@cpeo.org
url:      www.cpeo.org
 


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