| (a) Whenever required by this chapter, the person or landowner shall file a copy of the appropriate deed notice, VCP certificate of completion or restrictive covenant in the real property records of the county in which the property is located to notify future owners of any limitations on the use of the property. Deed notices, VCP certificates of completion and restrictive covenants shall include the following information: (1) a metes and bounds description of the portion(s) of the affected property to which the institutional control applies; (2) a plat map clearly demarcating the portion(s) of the affected property to which the institutional control applies. The map must contain a north arrow, a correlating map scale, and a legend identifying any used symbols or abbreviations; (3) a certification by a registered professional land surveyor so registered by the Texas Board of Professional Surveying attesting to the accuracy of the descriptions provided in paragraphs (1) and (2) of this subsection; (4) a statement discussing the appropriate land use (i.e., residential or commercial/industrial) for the affected property; (5) an explanation as to which environmental media contain COCs above PCLs; (6) a statement documenting any property use limitations or any requirements for maintenance of physical and/or institutional controls, or compliance with health and safety plans; (7) the TCEQ Program and identifier number, and the availability of more detailed information at or through the TCEQ Central Records Office or Web Site; and (8) the physical address and mailing address for the TCEQ Central Records Office. (b) The person shall record a deed notice, VCP certificate of completion or by agreement with an innocent landowner cause a restrictive covenant to be recorded in accordance with subsection (c) of this section and the additional applicable requirements detailed in paragraphs (1) - (14) of this subsection, unless the affected property is subject to a zoning or governmental ordinance that is equivalent to the deed notice, VCP certificate of completion or restrictive covenant that would otherwise be required under this subsection. (1) For on-site and off-site properties where an institutional control is required pursuant to §350.31(h) of this title (relating to General Requirements for Remedy Standards), the person shall file a deed notice or VCP certificate of completion which indicates that long-term response actions are being conducted at the affected property. (2) For on-site and off-site properties that have achieved Remedy Standard A for commercial/industrial land use, pursuant to §350.31(g) of this title (relating to General Requirements for Remedy Standards) the person shall note in a deed notice or VCP certificate of completion that if any person desires to use the property for residential purposes, they must first notify the commission at least 60 days in advance of such use and that additional response actions may be necessary. (3) For on-site and off-site properties where an institutional control is required pursuant to §350.31(g) of this title (relating to General Requirements for Remedy Standards) because a physical and/or institutional control has been used to attain Remedy Standard B, the person shall describe in a deed notice or VCP certificate of completion the physical control (including the physical location and/or the lateral extent) and the reason the physical and/or institutional control must remain in place to be protective of human health and the environment, unless or until the agency approves any modifications. (4) For any on-site or off-site properties with changes in circumstances as discussed in §350.35 of this title (relating to Substantial Change in Circumstances) that negate the need for a deed notice or VCP certificate of completion, the person shall describe the reason the original deed notice or VCP certificate of completion is no longer necessary to protect human health and the environment. If the executive director agrees, the executive director will execute a superceding deed notice that may be filed in the deed records. (5) For on-site or off-site properties with a landowner who is an innocent owner or operator and where an institutional control is required under §350.31(g) of this title (relating to General Requirements for Remedy Standards) to limit the property to commercial/industrial land use, a restrictive covenant shall limit the property to commercial/industrial land use. The restrictive covenant shall include a statement indicating that if any person desires in the future to use the property for residential purposes, then the agency must grant approval prior to such use. (6) For on-site or off-site properties with a landowner who is an innocent owner or operator and where an institutional control is required in response to §350.31(g) of this title (relating to General Requirements for Remedy Standards), because a physical and/or institutional control has been used to obtain Remedy Standard B, a restrictive covenant shall compel the maintenance of or prohibit the removal of the physical control and shall describe any physical control (including the physical location and/or lateral extent) and the reason the physical control and/or institutional control must remain in place to be protective of human health and the environment. The restrictive covenant shall include a statement indicating that if any person desires in the future to alter the physical or institutional control, the agency must grant prior approval to any such changes. (7) For any on-site or off-site properties with changes in circumstances as discussed in §350.35 of this title (relating to Substantial Change in Circumstances) that negate the need for a restrictive covenant, the person shall describe the reason the original restrictive covenant is no longer necessary to protect human health and the environment. If the executive director agrees, the executive director will execute a release of restrictive covenant that may be filed in the deed records. (8) For on-site and off-site properties where an institutional control is required pursuant to §350.51(l)(3) of this title (relating to Affected Property Assessment), the person shall indicate, in a deed notice or VCP certificate of completion, the size of the assumed exposure area for residents and that if future exposures are limited to smaller areas, the affected property should be reevaluated to ensure protection of human health. (9) For on-site and off-site properties where an institutional control is required pursuant to §350.51(l)(4) of this title (relating to Affected Property Assessment), the person shall indicate, in a deed notice or VCP certificate of completion, the size of the assumed exposure area for commercial/industrial workers and that if future exposures are limited to smaller areas, the affected property should be reevaluated to ensure protection of human health. (10) For on-site and off-site properties with a landowner who is an innocent owner or operator and where an institutional control is required pursuant to §350.51(l)(3) of this title (relating to Affected Property Assessment), a restrictive covenant shall indicate the size of the assumed exposure area for residents and prohibit subdivision of the property into individual tracts smaller than the assumed exposure area. The restrictive covenant shall include a statement indicating that if any person desires in the future to subdivide the property, the agency must grant prior approval to any such changes. (11) For on-site and off-site properties with a landowner who is an innocent owner or operator and where an institutional control is required pursuant to §350.51(l)(4) of this title (relating to Affected Property Assessment), a restrictive covenant shall indicate the size of the assumed exposure area for commercial/industrial workers and prohibit subdivision of the property into individual tracts smaller than the assumed exposure area. The restrictive covenant shall include a statement indicating that if any person desires in the future to subdivide the property, the agency must grant prior approval to any such changes. (12) For on-site and off-site properties where an institutional control is required pursuant to §350.74(j)(2)(L) of this title (relating to Development of RiskBased Exposure Limits), the person shall indicate, in a deed notice or VCP certificate of completion, the approved exposure frequency and duration and that exposures exceeding these approved levels are not protective of human health. (13) For on-site and off-site properties with a landowner who is an innocent owner or operator and where an institutional control is required pursuant to §350.74(j)(2)(L) of this title (relating to Development of RiskBased Exposure Limits), a restrictive covenant shall indicate the approved exposure frequency and duration and prohibit exposures exceeding these approved levels. The restrictive covenant shall include a statement indicating that if any person desires to change the exposure frequency and/or duration, the agency must grant approval prior to any such changes. Cont'd... |
