Section 58.01.18.026 - INSTITUTIONAL CONTROLS01.Purpose.a. Institutional controls may be proposed by the applicant or the Department as an element of the work plan. Institutional controls are measures undertaken to limit or prohibit activities that may interfere with the integrity of a cleanup action or result in exposure to hazardous substances or petroleum at a site. Such measures may be used to assure both the continued protection of human health and the environment and the integrity of a cleanup action in at least the following circumstances:i. Where a cleanup action results in residual concentrations of hazardous substances or petroleum which exceed risk-based health standards; orii. When the Department determines such controls are necessary to ensure the continued protection of human health and the environment or the integrity of the cleanup action.b. Institutional controls may not be used as a substitute for cleanup actions that may otherwise be technically possible.02.Activity and Use Limitations. Institutional controls may include: a. Physical measures, such as operation and maintenance plan, fences, or signs, to limit activities that may interfere with the cleanup action or result in exposure to hazardous substances at the site; andb. Legal controls, such as restrictive covenants, easements, or equitable servitudes used to ensure such measures are maintained.03.Use Restrictions. Institutional controls may be described in an environmental covenant pursuant to the Uniform Environmental Covenants Act, Chapter 30, Title 55, Idaho Code. The use of such restrictions may be addressed in the agreement, the certificate of completion, or the covenant not to sue.04.Compliance with Other Laws. It is the applicant's responsibility to comply with any applicable zoning authorities or other local, state, or federal law, in implementing the work plan.05.Financial Assurances. The Department may require the applicant to provide financial assurances, through a trust fund or other appropriate financial mechanism approved by the Department sufficient to cover all costs for ensuring the effectiveness of institutional controls or of operation and maintenance, including compliance monitoring and undertaking appropriate measures to ensure the integrity of institutional controls.Idaho Admin. Code r. 58.01.18.026