Michigan’s environmental cleanup laws allow for the use of institutional controls when environmental contamination is proposed to be left in-place at a property. Often times, this contamination has migrated onto property controlled or operated by local units of government, tribal government or other authority, such as, road right-of-ways. Institutional controls are generally administrative and legal tools that are created for the purpose of providing information regarding the risks associated with contamination and the activities that are to be restricted or prohibited to protect the public health, safety, and welfare and the environment.
In 2014, the Remediation and Redevelopment Division (RRD) of the Michigan Department of Environmental Quality (DEQ) introduced its Road Right-Of-Way Alternate Institutional Control as an instrument that may be used when contamination is proposed to be left in-place within a road right-of-way.
The DEQ-RRD has invited our members to complete a simple survey to provide them with an understanding of your knowledge, use, concerns or desire to learn more regarding the use of this instrument to control exposure and the risks associated with contamination within a road right-of-way. For a link to the survey please click here.
John LaMacchia is a Legislative Associate for the League handling transportation, infrastructure, and energy issues. He can be reached at [email protected] or 517-908-0303.