Connecticut Administrative Code › Title 22a - Environmental Protection › 133q - Remediation Standard › Section 22a-133q-1 - Definitions

Current through July 10, 2024
(a) As used in this section and sections
			 22a-133q-2 to 22a-133q-9, inclusive, of the Regulations of Connecticut State
			 Agencies:
(1) "Commissioner" means the
			 Commissioner of Energy and Environmental Protection or the commissioner's
			 designee;
(2)"Engineered control"
			 has the same meaning as provided in section
			 22a-133k-1(a)
			 of the Regulations of Connecticut State Agencies;
(3) "Environmental land use restriction" or
			 "ELUR" means a type of environmental use restriction that complies with the
			 requirements of section 22a-133o of the Connecticut General Statutes, the EUR
			 regulations, and the RSRs, in which the commissioner acquires an easement on
			 the parcel or portion thereof that is subject to such restriction;
(4) "Environmental use restriction" has the
			 same meaning provided in section 22a-133n of the Connecticut General
			 Statutes;
(5) "EUR" means an
			 environmental use restriction;
(6)
			 "EUR factsheet" means a statement that explains the restrictions and
			 affirmative obligations imposed by an EUR, describes each subject area on a
			 parcel, and includes the information necessary to protect the health and safety
			 of those who may be exposed to pollution if work is conducted in each such
			 subject area;
(7) "EUR regulations"
			 means sections 22a-133q-1 to 22a-133q-9, inclusive, of the Regulations of
			 Connecticut State Agencies, including Appendix 22a-133q-app1 and Appendix
			 22a-133q-app2 of said regulations, and when identified by a specific reference,
			 "EUR regulations" also means any individual section or specific provision of
			 sections 22a-133q-1 to 22a-133q-9, inclusive, of the Regulations of Connecticut
			 State Agencies, including Appendix 22a-133q-app1 and Appendix 22a-133q-app2 of
			 said regulations;
(8) "EUR opinion"
			 means a document that complies with section 22a-133q-5 of the EUR regulations,
			 signed and sealed by an LEP and recorded on the land records as part of an
			 EUR;
(9) "Inaccessible soil" has
			 the same meaning as provided in section
			 22a-133k-1(a)
			 of the Regulations of Connecticut State Agencies;
(10)"Industrial/commercial activity" has the
			 same meaning as provided in section
			 22a-133k-1(a)
			 of the Regulations of Connecticut State Agencies;
(11) "Interest" means all or part of a legal
			 or equitable claim to a right in a parcel, including, but not limited to, an
			 easement, lease, life estate, mortgage, or lien;
(12) "Laboratory reporting limit" has the
			 same meaning as provided in section
			 22a-133k-1(a)
			 of the Regulations of Connecticut State Agencies;
(13) "Licensed environmental professional" or
			 "LEP" has the same meaning as provided in section
			 22a-133k-1(a)
			 of the Regulations of Connecticut State Agencies;
(14) "Notice of activity and use limitation"
			 or "NAUL" means a type of environmental use restriction that complies with the
			 requirements of section 22a-133o of the Connecticut General Statutes, the EUR
			 regulations, and the RSRs, which does not create an easement on, nor require
			 transfer to the commissioner of an easement on, the parcel, or portion thereof
			 that is subject to such restriction;
(15) "Owner" means the person or persons with
			 sufficient right in the whole of a parcel, which is or which will be subject to
			 an EUR, to convey an interest in such parcel to another.
(16) "Parcel" has the same meaning as
			 provided in section
			 22a-133k-1(a)
			 of the Regulations of Connecticut State Agencies;
(17) "PCBs" has the same meaning as provided
			 in section
			 22a-133k-1(a)
			 of the Regulations of Connecticut State Agencies;
(18) "Permanent release" means an instrument,
			 prescribed by the commissioner and approved by the commissioner pursuant to
			 section 22a-133q-7 of the EUR regulations, that permanently discharges the
			 obligation to comply with the requirements of an ELUR;
(20) "Polluted soil" has the same meaning as
			 provided in section
			 22a-133k-1(a)
			 of the Regulations of Connecticut State Agencies;
(21) "Record" means to commit to the clerk of
			 the municipality in which a parcel is located a document or instrument for
			 placement in the municipal land records, as provided for in section 7-24 of the
			 Connecticut General Statutes;
(22)
			 "Remediation standard regulations" or "RSRs" has the same meaning as provided
			 in section
			 22a-133k-1 of the
			 Regulations of Connecticut State Agencies;
(23) "Residential activity" has the same
			 meaning as provided in section
			 22a-133k-1(a)
			 of the Regulations of Connecticut State Agencies;
(24) "Soil" has the same meaning as provided
			 in section
			 22a-133k-1(a)
			 of the Regulations of Connecticut State Agencies;
(25) "Substance" has the same meaning as
			 provided in section
			 22a-133k-1(a)
			 of the Regulations of Connecticut State Agencies;
(26) "Subject area" has the same meaning as
			 provided in section
			 22a-133k-1(a)
			 of the Regulations of Connecticut State Agencies;
(27) "Subordination agreement" means a
			 document signed by persons holding an existing interest in a parcel that
			 irrevocably subjects that otherwise senior interest to a lower rank, class, or
			 position in the chain of title than a later recorded ELUR recorded for the same
			 parcel;
(28) "Temporary allowable
			 disturbance" means an activity on, or disturbance to, a subject area that is
			 otherwise prohibited by an EUR, but is specifically authorized by section
			 22a-133q-6 of the EUR regulations;
(29) "Temporary release" means an instrument
			 recorded on the land records that provides relief from the restrictions imposed
			 by an EUR for the purposes of conducting specific activities within a subject
			 area, for a limited time or for recurring activity of a specific duration, as
			 authorized by the commissioner or an LEP, pursuant to section 22a-133q-7 of the
			 EUR regulations;
(30) "Termination"
			 means an instrument, executed pursuant to section 22a-133q-7 of the EUR
			 regulations and recorded on the land records, that permanently discharges a
			 previously recorded instrument, including the obligation to comply with
			 restrictions imposed by, or to exercise the rights provided by, such
			 instrument; and
(31) "Transfer of
			 an interest" means the voluntary disposition of, or involuntary separation
			 from, any interest in a parcel or a portion of a parcel, including direct or
			 indirect and absolute or conditional transfers.