Model Environmental Land Use Control

An Environmental Land Use Control (ELUC) is an institutional control that may be used under 35 Illinois Administrative Code (35 Ill. Adm. Code) 742.1010 to impose land use limitations or requirements related to environmental contamination. ELUCs are only effective when approved by the Illinois EPA in accordance with 35 Ill. Adm. Code 742.1010. Activities or uses that may be limited or required include, but are not limited to, prohibition of use of groundwater for potable purposes, restriction to industrial/commercial uses, operation or maintenance of engineered barriers, or worker safety plans.

An ELUC submitted to the Illinois EPA must match the form and contain the same substance, except for variable elements (e.g., name of property owner), as the model in 35 Ill. Adm. Code 742.Appendix F. All persons wishing to use an ELUC as an institutional control must submit a copy of the proposed ELUC with their corrective action plan. The Illinois EPA will review each ELUC it receives to determine whether it may be used as an institutional control.

The model ELUC is provided only as a guide for persons using an ELUC as an institutional control pursuant to 35 Ill. Adm. Code 742.1010. Use of the model document does not guarantee satisfaction of the requirements of 35 Ill. Adm. Code 742.1010 or approval of the ELUC by the Illinois EPA. Each ELUC submitted to the Illinois EPA will be reviewed and approved or disapproved based upon the applicable regulations and site-specific circumstances.

Please be advised that the model ELUC in 35 Ill. Adm. Code 742.Appendix F is incorrect. The model provided on this Web page must be used.