Connecticut Administrative Code › Title 22a - Environmental Protection › 133q - Remediation Standard › Section 22a-133q-9 - Miscellaneous Requirements

Current through July 10, 2024
The owner of the parcel on which an EUR has been placed shall
				comply with the following requirements:
(a)
EUR Factsheet
If the parcel on which an EUR has been placed is occupied by
				persons, even temporarily, the owner of such parcel shall ensure that a copy of
				the EUR factsheet is posted in a conspicuous location where such factsheet can
				be seen by the general public or is in the possession of the person responsible
				for maintenance or operation of the parcel. Any such factsheet shall be posted
				or kept at the parcel until the EUR is permanently released or terminated in
				whole. While this subsection shall apply to all EURs, regardless of when
				recorded, for EURs recorded before February 16, 2021, this subsection shall not
				take effect until April 17, 2021.
(b)
Health and Safety
			 Notification
Except on a parcel on which the only restriction is a
				residential activity restriction, effective February 16, 2021, if work is being
				done on a parcel subject to an EUR, regardless of when the EUR was recorded,
				prior to any work being performed in or on a subject area which is subject to a
				restriction or obligation other than, or in addition to, a residential activity
				restriction, a copy of the EUR and EUR factsheet shall be provided to the
				person responsible for overseeing the health and safety of workers who may be
				exposed to pollution from such work. Notice under this section shall be
				provided any time excavation is to occur on a parcel subject to an EUR, unless
				the only restriction imposed by such EUR is a restriction on residential
				activity.
(c)
Document Retention
The current owner shall have and retain a copy of all records,
				documents and reports whose preparation is required by the EUR regulations. In
				addition, for an EUR recorded before February 16, 2021, the current owner shall
				have and retain a copy of all records, documents and reports in such owner's
				possession as of February 16, 2021 regarding an EUR, including, but not limited
				to, any record, document or report that was required to be maintained by
				sections 22a-133o to 22a-133r, inclusive, of the Connecticut General Statutes,
				and any regulations in effect pursuant thereto when the EUR was recorded. Any
				record, document, or report specified in this subsection may be reviewed by and
				shall be provided to the commissioner upon request, within the time specified
				in any such request and if no timeframe is specified, not more than 30 days
				after the receipt of a written request.
(d)
Transfer of an interest in a parcel
			 subject to an EUR
This section shall apply to the transfer of any interest in a
				parcel subject to an EUR after February 16, 2021, regardless of when any such
				EUR was recorded.
(1)
(A) At least 30 days prior to the transfer of
			 an interest in a parcel subject to an EUR by the owner, which is less than an
			 ownership interest in the whole or part of a parcel, the owner shall provide to
			 each person to whom an interest will be transferred a copy of the EUR and the
			 EUR factsheet. Any such transferee shall retain a copy of all such documents in
			 accordance with subsection (c) of this section.
(B) At least 30 days prior to the transfer of
			 ownership of a parcel, or a portion of parcel subject to an EUR, the owner
			 shall provide to the transferee a copy of all documents whose preparation is
			 required by the EUR regulations, including, but not limited to, a copy of the
			 EUR, the EUR factsheet, and all annual and five-year inspection reports. Any
			 such transferee shall retain a copy of all such documents in accordance with
			 subsection (c) of this section.
(C)
			 If the nature or terms of a transfer make compliance with the 30-day deadline
			 to provide documents in subparagraphs (A) and (B) of this subdivision
			 impractical, the owner shall ensure that such documents are provided to the
			 transferee prior to the transfer of an interest or ownership.
(D) Any transferee provided documents
			 pursuant to this subdivision shall retain, in accordance with subsection (c) of
			 this section, all such documents.