Some of the unique features of The Guardian Trust include:

Exclusive Organizational and Operating Structure

Providing for the long-term stewardship (typically 30 years or more) of land use controls and engineering controls at contaminated sites requires a highly disciplined management and financial structure possessing longevity and transparency. The Guardian Trust is a non-profit entity established under Section 501(c)(3) of the Internal Revenue Code. As such, it is held to a high standard of prudent financial management by independent trustees. The Guardian Trust is the only non-profit entity in the nation that specializes in and is solely dedicated to the long-term stewardship of land use controls and engineering controls.

Specialized Land Use Control Services/Facilitation of Property Transactions

The Guardian Trust not only provides stewardship services (inspecting, monitoring, maintaining, tracking and reporting) for engineering controls such as caps and pump and treat systems, it also has proven expertise in providing specialized stewardship services for land use (institutional) controls, such as deed restrictions and easements. Assuring the integrity of land use controls is not only vital to the long-term effectiveness of risk-based remedies, but also allows site owners to safely transfer properties without having to remain involved or rely on future owners or occupiers to maintain these controls.

Competitive Pricing and Tax Advantageous Funding

The Guardian Trust is able to offer highly competitive pricing due to the Trust’s bargaining power, its tax exempt status as a Section 501(c)(3) entity and the economic efficiencies derived through specialization. In addition, The Guardian Trust has been structured to accommodate Qualified Settlement Funds (a/k/a Section 468(b) Trusts) that permit accelerated tax deductions on payments to the Trust. In short, The Guardian Trust provides maximum financial benefits to clients in need of long-term post-closure stewardship services.

Preserves Liability Protections Created By The Brownfields Act of 2001

The Brownfields Act of 2001 established important liability protections for bona fide prospective purchasers, innocent landowners and contiguous property owners. However, to qualify for these protections the landowner must demonstrate that it conducted “all appropriate inquiry” into the previous ownership and uses of the property and that it diligently performed the continuing obligations associated with risk-based cleanup remedies – such as monitoring land use and engineering controls and reporting to prescribed stakeholders. The Guardian Trust’s dedicated focus on these crucial issues provides clients with the peace of mind that they will be able to satisfy the stringent requirements of the Act, thereby insulating themselves from costly environmental liabilities.

Regulatory Impasse Resolution

There is a growing concern among federal and state regulators that the traditional private sector approaches to managing the long-term responsibilities associated with site controls may be inadequate. Consequently, regulators have become increasingly cautious in permitting the closure of sites that have been cleaned up using risk-based standards. The Guardian Trust was developed from a government-sponsored Pilot Study (involving USEPA, the Department of the Navy, Pennsylvania, California and Maryland) that recommended the development of a not-for-profit trust mechanism to manage the long-term responsibilities associated with site controls. Consistent with the findings of the Pilot Study, there has been a growing interest in and acceptance of The Guardian Trust by regulators as a means to assure the long-term protection of human health and the environment. In addition, The Guardian Trust can be used to expedite final regulatory closure by having the Trust serve as grantee for the required easements with the regulators becoming third party beneficiaries (see USEPA Regulatory Guidance entitled “Institutional Controls: Third-Party Beneficiary Rights in Proprietary Controls”, April 2004). This process can save responsible parties significant amounts of both time and money.