Activity And Use Limitations

01. Purpose. The provisions of the Uniform Environmental Covenants Act (UECA), Chapter 30, Title 55, Idaho Code, may be utilized to create restrictions and obligations regarding activity and use to protect the integrity of a cleanup action and assure the continued protection of human health and the environment. Activity and use limitations may be proposed as elements of a CAP in at least the following circumstances: (7-1-25) a. Where onsite current or proposed land use is not residential and maximum residual site concentrations are greater than screening levels for residential use; (3-31-22) b. Where onsite current or proposed land use is not residential and the risk or hazard calculated for residential receptors through an approved risk evaluation is unacceptable; (3-31-22) c. Where off-site groundwater concentrations exceed residential use screening levels or risk-based concentrations; or (7-1-25) d. When the Department determines, based upon the proposed CAP, that such activity and use limitations are required to assure the continued protection of human health and the environment or the integrity of the cleanup action. (7-1-25) 02. Documentation of Controls. Activity and use limitations, approved by the Department, must be described in an environmental covenant executed pursuant to the UECA and must be incorporated into a CAP. (7-1-25) 601. -- 699. (RESERVED)