(a) The site of Mound Business Park operated from 1948 to 2003 as an integrated research, development, and production facility that supported the nation's weapons and energy programs, with emphasis on explosives and nuclear technology. The U.S. Department of Energy (DOE) conducted a 20-year, one billion dollar ($1,000,000,000) clean-up of the site that was overseen by the U.S. and Ohio Environmental Protection Agencies. Following this cleanup, the DOE implemented legally enforceable activity and use restrictions known as institutional controls (ICs) to ensure that the environmental remedies remain protective of human health and the environment. These ICs run with the land in the form of deed restrictions and/or environmental covenants recorded with Montgomery County. These institutional controls are on file with the City of Miamisburg, the U.S. Department of Energy and may also be found within the Declaration of Covenants and Restrictions recorded with Montgomery County.
(b) The DOE is responsible for monitoring and enforcing the ICs that limit site activities to industrial or commercial use (e.g., no residential or agricultural uses are permitted); prohibit the removal of soil from the original DOE site footprint without written approval from the regulators; prohibit the use of groundwater for any purpose without written approval from the regulators; and allow site access for federal and state agencies for sampling and monitoring. In addition, for the former DOE Technical (T) Building, ICs prohibit the removal of concrete floor materials to offsite locations and/or the penetration of floor materials in specified rooms of the building without written approval from the regulators.
(Ord. 6869. Passed 2-16-21.)