Lessons From Love Canal: Considerations for the Effective Use of Institutional Controls
- Esq. Robinson and Cole LLP, 280 Trumbull Street, Hartford, CT 06103 (United States)
The purpose of this paper is to provide background on a well-known failure of an institutional control (IC), an overview of the types and potential shortcomings of individual ICs, provide some considerations for more effectively selecting and maintaining appropriate ICs in the context of a decommissioning project (including those that may be subject to various federal and state requirements). In light of these considerations, it should be clear that the potential liabilities arising from the failure to comply with ICs may be very significant, even if such failure is not directly caused by the party responsible for the pre-existing conditions. A number of options exist to help manage risk at sites where impacts will remain in place following the completion of active decommissioning efforts. It is important to involve all appropriate professionals early on and throughout the process and to consult with other relevant parties (e.g., regulatory agencies, the community, and potential site owners and occupants) to evaluate the most appropriate ICs available. This is particularly critical in the context of a long-term decommissioning project involving a large number of contractors, personnel turnover or departure, potential isolation of individuals with focused technical or regulatory expertise, or other factors that may affect more ideal communication. Mechanisms for ensuring long-term compliance with ICs, as well as reliable approaches for enforcing their terms, also warrant early and on-going attention. However, even with a detailed and thoughtful approach, it must be recognized under certain circumstances that a more realistic goal may be to continue to reasonably minimize potential risks rather than absolutely avoid all risks for all time.
- Research Organization:
- American Nuclear Society, 555 North Kensington Avenue, La Grange Park, Illinois 60526 (United States)
- OSTI ID:
- 21144248
- Resource Relation:
- Conference: DD and R 2007: ANS Topical Meeting on Decommissioning, Decontamination, and Reutilization 2007, Chattanooga, TN (United States), 16-19 Sep 2007; Other Information: Country of input: France; 3 refs; Related Information: In: Proceedings of the 2007 ANS Topical Meeting on Decommissioning, Decontamination, and Reutilization - DD and R 2007, 336 pages.
- Country of Publication:
- United States
- Language:
- English
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