The findings adopted by the Advisory Committee upon completion of the Pilot Study include:

1. LUCs and ECs are widely accepted and important components of risk-based remedial strategies.
2. The effectiveness of any risk-based cleanup depends upon the long-term stewardship of the remedy including all LUCs and ECs.
3. The past, current and future land use of a remediated site informs both the extent to which LUCs and ECs are appropriate and the long-term obligations necessary to assure the protectiveness of the site.
4. Federal and state environmental laws authorize the use of risk-based cleanups that include LUCs and ECs. The ability of the government to enforce the long-term maintenance of LUCs and ECs varies depending upon the statutory and regulatory regime applicable to the cleanup
5. Significant limitations in legal authority to require the long-term maintenance of LUCs and ECs and lack of coordinated oversight are likely to be exacerbated over time at sites with risk-based remedies, particularly when these sites are subdivided or transferred.
6. There is a need for The Guardian Trust to act as a long-term steward to assure that remediated sites continue to meet risk-based cleanup levels.
7. The Guardian Trust could offer, for a fee, services that include:
   • Inspections of sites and land use records
   • Monitoring of sites, land use changes and building permits
   • Reporting to prescribed stakeholders
   • Providing financial assurance
   • Developing a database and comprehensive information system to properly track the status of LUCs and ECs and disseminating information accordingly
   • Providing training programs for local governments and other stakeholders
   • Developing information relevant to the status of LUCs and ECs for public distribution and outreach
   • Assuring the maintenance and protectiveness of an environmental remedy by enforcing land use rights
8. The Guardian Trust, with this broad array of services, could meet the needs of environmental agencies, remediators, landowners, financial institutions, local governments, land planning agencies and the public.
9. The combination of services offered by The Guardian Trust are not now offered by any single entity and cannot be provided by environmental consultants or insurance companies alone.
10. The Guardian Trust cannot be implemented without additional funding, resources and support from the public and private sectors.

After considering these findings the Advisory Committee unanimously agreed to the following recommendation:

“Implementation of The Guardian Trust should proceed with funding and additional resources from interested stakeholders.”