The United States Environmental Protection Agency has adopted an “enforcement first” policy for institutional controls, which will likely increase both recording and monitoring of ICs. The USEPA Office of Site Remediation and Enforcement has directed the agency’s program and enforcement staff, as well as Department of Justice, to pursue any action needed to ensure the implementation and effectiveness of institutional controls. This policy promotes the “polluter pays” principle. Potentially Responsible Parties shall “play a significant role in supporting a robust analysis of the effectiveness of Institutional Controls and in implementing necessary controls at Superfund sites.”
