Connecticut Administrative Code › Title 22a - Environmental Protection › 133q - Remediation Standard › Section 22a-133q-2 - ELURs

Current through July 10, 2024
(a)
General
No person shall execute and record an ELUR, pursuant to the
				RSRs and sections 22a-133n to 22a-133s, inclusive, of the Connecticut General
				Statutes, that does not comply with the requirements of said sections and this
				section.
(b)
Requesting an ELUR
The owner of a parcel seeking to execute and record an ELUR
				shall submit a request to the commissioner. Unless otherwise specified by this
				section, any such request, including the items identified in each subdivision
				of this subsection, shall be submitted on a form prescribed by the commissioner
				and shall include:
(1) A proposed
			 declaration of ELUR as specified in section 22a-133q-app1 of the EUR
			 regulations;
(2) A proposed EUR
			 factsheet;
(3) A draft survey, with
			 a revision date not more than 90 days prior to its submittal, that complies
			 with section 22a-133q-4 of the EUR regulations;
(4) A title search for the parcel on which
			 the proposed ELUR is located, performed no more than 90 days prior to its
			 submittal to the commissioner. This title search shall include a listing and
			 description of all recorded interests in the chain of title;
(5) A report by an attorney with a current
			 and valid license to practice law in any state in the United States. The report
			 shall:
(A) Be signed and certified to as
			 accurate by the attorney undertaking it;
(B) Contain a description, review and
			 evaluation of each recorded interest identified in the title search performed
			 pursuant to subdivision (4) of this subsection and indicate whether each such
			 interest will be:
(i) Subordinated to the
			 ELUR; or
(ii) The subject of a
			 waiver request, pursuant to section 22a-133o(b)(1) of the Connecticut General
			 Statutes. For interests that will be the subject of such a waiver request, the
			 report shall contain a detailed explanation of why the interest:
(I) Is so minor as to be unaffected by the
			 ELUR; or
(II) When acted upon, is
			 not capable of creating a condition contrary to the purpose of the
			 ELUR.
(6) For each interest to be subordinated to
			 the ELUR, a proposed, unexecuted, irrevocable subordination agreement, and a
			 statement, signed by the holder of each interest to be subordinated, certifying
			 that the holder of each interest agrees to execute the proposed subordination
			 agreement so that it may be recorded at the same time as the ELUR. The proposed
			 subordination agreements do not need to be prepared using a form prescribed by
			 the commissioner;
(7) An affidavit
			 executed by the owner of the parcel that:
(A)
			 Identifies and describes:
(i) All residential
			 activities on the parcel, and any other use of the parcel potentially in
			 conflict with the restrictions proposed by the ELUR;
(ii) All unrecorded leases, licenses or other
			 authorizations or rights regarding the parcel;
(iii) All unrecorded interests in the
			 parcel;
(iv) All claims to the
			 parcel, or to an interest in the parcel, by persons other than the owner;
			 and
(v) Any condominium by-laws or
			 regulations potentially in conflict with the restrictions of a proposed ELUR;
			 and
(B) Attests, based
			 on the owner's personal inquiry of the surveyor who prepared the survey
			 required by subdivision (3) of this subsection, the attorney who prepared the
			 title evaluation required by subdivision (5) of this subsection, and the LEP
			 who prepared the EUR opinion required by subdivision (8) of this subsection,
			 that the proposed ELUR does not conflict with items required to be specified in
			 the affidavit by subparagraph (A) of this subdivision;
(8) A proposed EUR opinion that complies with
			 section 22a-133q-5 of the EUR regulations;
(9) Documents demonstrating compliance with
			 subsection
			 22a-133k-1(d)
			 of the RSRs;
(10) A non-refundable
			 fee of $5,000 dollars, payable in a manner prescribed by the commissioner;
			 and
(11) Any other information
			 specified by the commissioner on such form.