The Guardian Trust is an innovative solution for the privatization of post-remediation obligations resulting from risk-based cleanups under federal and state statutes. The Guardian Trust was developed based on the findings of a Pilot Study conducted to evaluate the feasibility of using a trust mechanism to provide for the long-term management of land use controls (LUCs) and engineering controls (ECs) frequently relied upon as part of approved risk-based cleanups. Funding for the project was provided by the Pennsylvania Department of Environmental Protection (“PADEP”) and the United States Environmental Protection Agency (“EPA”).

The Pilot Study was designed to research the issues necessary to make informed decisions as to the feasibility of implementing The Guardian Trust in Pennsylvania and/or other states. An Advisory Committee comprised of representatives from PADEP, EPA Headquarters and Region III, the Department of the Navy, the California Environmental Protection Agency and the Maryland Department of the Environment participated in the Pilot Study by providing input and advice on key issues. The Pilot Study was completed in January 2002.