The DEP Institutional Controls Procedures Guidance has been updated. Several edits and clarifications were made throughout
the document including clarification to the restrictive covenant templates. The most significant changes begin on page 14.
Highlights include:
- In contrast to previous guidance, for all pending and future restrictive covenants, the property owner is not required
to obtain a subordination of mortgage (or similar financial instrument) except in rare circumstances when a “material
conflict” exists.
- Similarly, owners will not be required to obtain joinders and consents from other parties with a recorded interest in
the part of the property to be restricted (easement holders, tenants with recorded leases, etc.) except in rare circumstances.
The DEP Office of General Counsel recommends that before a site or project manager requests an owner to obtain a
subordination or a joinder and consent that the manager confer with a DEP Division of Waste Management program attorney.
DEP has launched an online tool that provides locational information about
contaminated sites in Florida. The
Contamination Locator Map,
or CLM, enables the public to search for waste cleanup sites in close proximity
to their home, neighborhood, or any identified location on a Florida map. Users
may also subscribe to receive e-mail notifications when significant cleanup
milestones occur at certain requested sites.
2012 State of Florida
