Institutional/Engineering Control Certification Sample Clauses
The Institutional/Engineering Control Certification clause requires a party to formally confirm that specific institutional or engineering controls—such as barriers, monitoring systems, or administrative procedures—are in place and functioning as intended to manage environmental or safety risks. This certification typically applies to properties or projects where ongoing controls are necessary to prevent exposure to contaminants or to ensure compliance with regulatory requirements. By mandating such certification, the clause ensures accountability and provides assurance to stakeholders that risk mitigation measures are actively maintained, thereby reducing liability and supporting regulatory compliance.
Institutional/Engineering Control Certification. In the event that the remedy for the Site, if any, or any Work Plan for the Site, requires institutional or engineering controls, Applicant shall submit a written certification in accordance with 6 NYCRR §§ 375-1.8(h)(3) and 375- 3.8(h)(2).
Institutional/Engineering Control Certification. 1. In the event that the Work Plan for the Project requires site management, including reliance upon institutional or engineering controls, Enrollee shall file a periodic letter describing site management. Such letter shall be signed by a qualified environmental professional or other party approved by the Office to perform that function and include a certification that the institutional and/or engineering controls are unchanged from the previous certification, and that nothing has occurred that would impair the ability of such controls to protect public health and the environment or constitute a failure to comply with the approved Site Management Plan.
2. Enrollee shall provide the Office with timely notification of any interruption or termination of one or more controls. Further, Enrollee shall take all actions required by the Office to maintain conditions at the Project that achieve the objectives of the remedy, the Work Plan and/or the Site Management Plan, and are protective of public health and the environment. An explanation of such interruption or termination of one or more controls, and the steps taken in response shall be included in the foregoing notice and in the report required by this Subparagraph as well as in any progress reports required by the Site Management Plan. Enrollee can petition the Office for a determination that the institutional and/or engineering controls may be terminated. Such petition must be supported by a Professional Engineer (or other expert approved by the Office) stating that such controls are no longer necessary. The Office shall not unreasonably withhold its approval of such petition.
Institutional/Engineering Control Certification. 1. In the event that the Remedial Action Work Plan for the Project requires site management, including reliance upon institutional or engineering controls, Enrollee shall file a periodic letter describing site management. Such report shall be signed by a qualified environmental professional or other party approved by the Office to perform that function and include a certification that the institutional and/or engineering controls are unchanged from the previous certification, and that nothing has occurred that would impair the ability of such controls to protect public health and the environment or constitute a failure to comply with the approved Site Management Plan.
2. Enrollee shall provide the Office with timely notification of any upset, interruption, or termination of one or more controls. Further, Enrollee shall take all actions required by the Office to maintain conditions at the Project that achieve the objectives of the remedy, the Remedial Action Work Plan and/or the Site Management Plan and are protective of public health and the environment. An explanation of such upset, interruption, or termination of one or more controls, and the steps taken in response shall be included in the foregoing notice and in the report required by this Subparagraph as well as in any progress reports required by the site management plan. Enrollee can petition the Office for a determination that the institutional and/or engineering controls may be terminated. Such petition must be supported by a Professional Engineer (or other expert approved by the Office) stating that such controls are no longer necessary. The Office shall not unreasonably withhold its approval of such petition.