Conn. Agencies Regs. § 22a-133q-7

Current through September 9, 2024

Section 22a-133q-7 - Releases and Terminations

The restrictions and affirmative obligations in an EUR shall only be temporarily or permanently released, or the restrictions and affirmative obligations in a NAUL terminated, in compliance with the requirements of this section. No person shall execute and record a temporary or permanent release of an EUR or termination of a NAUL that does not comply with the requirements of this section.

(a)Temporary Releases

(1) A temporary release approved under this section shall be recorded using a format prescribed by the commissioner and shall specify the termination date for such release.

(2) The extent and duration of a temporary release approved under this section shall be limited to the minimum that is reasonably necessary to conduct the proposed activities, as determined by the Commissioner or the LEP who approves such release at the time such release is approved.

(3) The activities undertaken pursuant to any temporary release approved under this section shall:

(A) Be supervised by an LEP, unless the subject area is on property under the custody and control the department, in which case either an LEP or the commissioner may supervise such activities;

(B) Be conducted in compliance with any restrictions or affirmative obligations of the EUR that are not in direct conflict with the activities conducted pursuant to the temporary release; and

(C) Be conducted in compliance with all other requirements of the EUR regulations.

(b)Documents Required for Approval of a Temporary Release

No temporary release under this section shall be approved, and no activities proposed under any such release shall be conducted, until the documents required by this subsection have been prepared. The following documents shall be prepared on a form prescribed by the commissioner:

(1) A summary of the proposed activities to be conducted pursuant to the temporary release; and

(2) A temporary release work plan which shall:

(A) Describe the activities to be performed and how the extent and duration of such activities is limited, in the opinion of the LEP who will sign and seal the workplan, to the minimum that is reasonably necessary to conduct the proposed activities;

(B) Identify by name and license number the LEP who will supervise the activities to be conducted during the proposed release or indicate that the LEP who will supervise the activities will be identified by name and license number on a notice filed each time proposed recurring activities are to be conducted;

(C) Include a schedule for the completion of the proposed specific activities;

(D) Depict, to scale, the location of the proposed activities and the location of any planned stockpiling of soil, excavated material or debris, on a copy of the most recent survey and simplified survey prepared pursuant to section 22a-133q-4 of the EUR regulations depicting the approved EUR subject area(s);

(E) Indicate where inaccessible soils or engineered controls are to be disturbed;

(F) Include provisions to notify the commissioner of unexpected conditions or pollutants during implementation of temporary release activities in accordance with subsection (c) of section 22a-133q-6 of the EUR regulations.

(G) When the activities involve the disturbance of soil, include a soil management plan containing provisions to manage soils, excavated materials or debris generated during the proposed activities and the restoration of the area which plan shall, at a minimum, satisfy the requirements set out in subsections (d) and (e) of section 22a-133q-6 of the EUR regulations. Provided, if the activities to be authorized by the temporary release are intended to result in a different means of complying with the RSRs, the soil management plan may explain any deviation from the requirement of subsection (e)(1) of section 22a-133q-6 of the EUR regulations;

(H) Include provisions to document work progress and completion in a manner that meets the requirements of subsection (f) of section 22a-133q-6 of the EUR regulations;

(I) Include the signature of the owner of, or holder of an interest in, the parcel for which a temporary release is being sought and be signed and sealed by an LEP; and

(J) Include any other information specified by the commissioner on such form.

(c)Review and Approval of a Temporary Release from an EUR by the Commissioner

(1) The commissioner shall not approve a temporary release from the restrictions and affirmative obligations of an EUR unless and until the commissioner determines that:

(A) All of the information necessary to make a determination of whether or not to approve a temporary release, including, but not limited to, the documents required by subsection (b) of this section, has been submitted and contains the information necessary for the commissioner to determine whether or not to grant the requested temporary release;

(B) A non-refundable fee of $1,000.00, payable in the manner prescribed by the commissioner, has been submitted to the commissioner; and

(C) The temporary release work plan required by subsection (b) of this section demonstrates that the proposed activities, if conducted in accordance with such plan will:

(i) Be protective of human health and the environment; and

(ii) Comply with all applicable legal requirements, including, but not limited to, the EUR regulations and the RSRs.

(2)

(A) The commissioner shall not review a request for a temporary release of an EUR without the required fee and may, at any time, disapprove of any such request based on any determination made in accordance with subdivision (1) of this subsection. If the commissioner does not approve the request for a temporary release, the commissioner shall send written notice of such disapproval to the person requesting the release and state the reasons for such disapproval. If the notice sent by the commissioner indicates that the request was not approved because information required by subsection (b) of this section was not provided, or that the commissioner needs additional information to review the request, the person requesting the temporary release shall have 30 days from the date of the commissioner's notice to provide the commissioner with the information identified in the notice. The commissioner may grant a single 60 day extension of time to provide any such information.

(B) Any response to the notice sent by the commissioner, submitted pursuant to subparagraph (A) of this subdivision, shall along with the original request for a temporary release, be reviewed pursuant to subdivision (1) of this subsection. If the deadlines in subparagraph (A) of this subdivision are not met, the commissioner's disapproval of the request for a temporary release shall, without the need for any further action by the commissioner, be deemed final and the proposed temporary release shall not be executed or recorded.

(3) A person whose request for a temporary release has been disapproved pursuant to this subsection may submit a new request for approval of such temporary release. Any such request shall be treated as a new request and shall be resubmitted in its entirety in compliance with the requirements of this section.

(4) If the commissioner approves a temporary release, the commissioner shall indicate such approval by signing and returning the temporary release to the person who requested such release. In connection with any approval the commissioner may impose any conditions the commissioner deems necessary, including, but not limited to, the posting of financial assurance to assure compliance with this section. Not more than 7 days after receipt of the temporary release signed by the commissioner, the person who requested such temporary release shall ensure that no alterations of any kind are made and that the temporary release is recorded in the land records of the municipality where the EUR is recorded and that the town clerk returns the original temporary release to the commissioner after recording.

(5) Any temporary release approved by the commissioner regarding recurring activities shall require that:

(A) Fourteen days before each recurring activity identified in the temporary release work plan is conducted, notice, on a form prescribed by the commissioner, shall be submitted to the commissioner; and

(B) Not more than 30 days after each time a recurring activity is completed, a completion report, containing the information required by subsection (e) of this section, shall be submitted to the commissioner.

(d)Review and approval of a Temporary Release from a NAUL by an LEP

(1) An LEP shall not and is not authorized to approve a temporary release from the restrictions and affirmative obligations of a NAUL unless:

(A) Not more than 180 days after the temporary release is recorded, any subject area disturbed by the activities authorized by the temporary release is returned to the condition described in the NAUL or if a new EUR is going to be placed on the subject area, to a condition that complies with the RSRs; and

(B) An LEP has not approved a temporary release authorizing activities within the same subject area within the previous 2 calendar years.

(2)

(A) No LEP shall approve a temporary release under this subsection unless, not less than 14 days prior to any such approval, an LEP submits to the commissioner:

(i) Notice, on a form prescribed by the commissioner, that approval of a temporary release is proposed. Such release shall be prepared using a form prescribed by the commissioner; and

(ii) A statement signed by an LEP certifying that:

(I) The documents required under subsection (b) of this section have been prepared, are complete and satisfy the requirements of subsection (b) of this section; and

(II) The proposed temporary release is eligible for LEP approval pursuant to subdivision (1) of this subsection.

(B) After receipt of the information submitted pursuant to subparagraph (A) of this subdivision, the commissioner may request in writing that the temporary release work plan be provided to the commissioner for review. If the commissioner requests the temporary release work plan for review, a temporary release may not be approved until the commissioner's review is complete.

(C) The commissioner may determine that the proposed temporary release shall be approved by the commissioner pursuant to subsection (c) of this section and not by an LEP. If the commissioner makes this determination, the commissioner shall notify, in writing, the LEP, who made the submission pursuant to subparagraph (A) of this subdivision, of this determination, stating the reasons for the decision in which case the temporary release shall not be approved by an LEP.

(3) An LEP shall not sign a temporary release from the restrictions and affirmative obligations of a NAUL, indicating approval of such release, unless and until such LEP determines that:

(A)

(i) The commissioner has indicated, in writing, that approval by an LEP can proceed; or

(ii) More than 14 days have passed since the information specified in subdivision (2)(A) of this subsection was submitted to the commissioner and the commissioner has not requested that the temporary release work plan be submitted to the commissioner pursuant to subdivision (2)(B) of this subsection; and

(B) The requirements of this subsection have been satisfied, including, but not limited to, a determination that the temporary release proposed is eligible for LEP approval pursuant to subdivision (1) of this subsection; and

(C) The temporary release work plan required by subsection (b) of this section demonstrates that the proposed activities, if conducted in accordance with such plan will:

(i) Be protective of human health and the environment; and

(ii) Comply with all applicable legal requirements, including, but not limited to, the EUR regulations and the RSRs.

(4) If an LEP approves a temporary release pursuant to this subsection, the LEP shall indicate approval by signing and returning such release to the person who requested such release. Not more than 7 days after receipt of the temporary release signed by an LEP, the person who requested such release shall ensure that no alterations of any kind are made to such release and that the release is recorded in the land records of the municipality where the NAUL is recorded and that the town clerk returns the original temporary release to the commissioner after recording.

(e)Termination of a Temporary Release

(1) Not later than 60 days after activities specified in a temporary release work plan are completed or recurring activities described in a temporary release work plan are completed for the last time, a completion report shall be prepared and submitted to the commissioner. The completion report shall include:

(A) A summary of the work performed, including the dates activities were initiated and completed;

(B) Time-dated photographs of the activities conducted on site while in progress and after completion, unless the taking of such photographs is prohibited by law;

(C) Records or waste manifests documenting the final disposition of excavated soils, materials and debris;

(D) Where there has been disturbance of inaccessible soils or an engineered control, records documenting, as applicable, how post-restoration polluted soils meet the requirements for inaccessible soils, or how an engineered control and warning layers, if any, were repaired or replaced;

(E) The results of any laboratory analysis conducted, and an explanation of the need for such analysis, as well as a laboratory data quality assessment and usability evaluation that complies with the requirements in section 22a-133k-1(h)(1) of the Regulations of Connecticut State Agencies;

(F) An explanation of how, after completion of activities authorized by the temporary release, the subject area meets the requirements of the EUR as recorded or, alternatively if the EUR is going to be replaced, or permanently released or terminated, the RSRs;

(G) An as-built plan, prepared using the survey or simplified survey required by section 22a-133q-4 of the EUR regulations as a base map, documenting site conditions after completion of the activities authorized by the temporary release; and

(H) A statement signed and sealed by the LEP supervising the activities conducted under the temporary release indicating that the area upon which the work was performed is in compliance with the EUR and the RSRs, or that additional work is necessary for the area upon which the work was performed to comply with the EUR and the RSRs, in which case the statement shall include a detailed description of the work to be performed, an explanation of why such additional work is needed and a schedule to perform such activities. The commissioner's receipt of any such report noting that additional work is necessary shall not excuse any non-compliance with this section and shall not prevent the commissioner from taking any other action regarding such non- compliance;

(I) A statement, signed and sealed by an LEP, certifying that the completion report is true and accurate; and

(2) If a temporary release approved by the commissioner authorizes recurring activities and the activities authorized by such release have been conducted for the last time, following the receipt of a completion report as required by subdivision (1) of this subsection, the commissioner may prepare a termination of such temporary release. Not more than 7 days after receipt of such termination signed by the commissioner, the owner shall ensure that no alterations of any kind are made and that the termination of temporary release is recorded in the land records of the municipality where the EUR is recorded and that the town clerk returns the original termination to the commissioner after recording.

(f)Requirement to Provide Owner with Records

If the person conducting activities pursuant to a temporary release approved under this section is not the owner of the parcel, not more than 60 days after the completion of activities conducted under a temporary release, including completion reports for each recurring activity, such person shall provide the owner with a copy of all documents, records or reports, required under this section.

(g)Permanent Release of an ELUR and Termination of a NAUL

(1) An ELUR may be permanently released and a NAUL may be terminated only after the commissioner determines that the parcel has achieved compliance with the relevant standards imposed by the RSRs in such a manner that the restrictions imposed by the ELUR to be permanently released or the NAUL to be terminated, as applicable, are no longer required. No person shall record a permanent release of an ELUR or termination of a NAUL, unless such recording is authorized by the commissioner in compliance with the requirements of this subsection.

(2) An owner seeking permanent release from an ELUR or termination of a NAUL shall, on forms prescribed by the commissioner, prepare and submit to the commissioner a request and a Permanent Release/Termination Documentation Report. The Permanent Release/Termination Documentation Report shall:

(A) Include any documentation regarding the investigation, characterization, and remediation of releases necessary to demonstrate that the subject area is in compliance with the applicable provisions of the RSRs, including, but not limited to, maps and laboratory analytical results;

(B) Include a proposed permanent release or termination, as applicable, on forms prescribed by the commissioner;

(C) Be signed and sealed by an LEP; and

(D) Include any other information specified by the commissioner on such form.

(3)

(A) If the commissioner determines that the parcel complies with the RSRs without need for the restrictions imposed by the EUR, the commissioner shall sign such release or termination, as applicable, and return it to the owner for recording. Not more than 7 days after receipt of such release or termination signed by the commissioner, the owner shall record such release or termination and not more than 14 days after such recording shall send a copy of the permanent release or termination, bearing the volume and page at which it was recorded, to the commissioner.

(B) If the commissioner determines that the requirements of this subsection have not been satisfied, the commissioner shall notify the owner in writing stating the reasons that the request for a permanent release of an ELUR or termination of a NAUL, as applicable, has not been approved.

(4) If in connection with a permanent release of an ELUR or termination of a NAUL a new EUR is to be placed on a parcel, the new EUR shall:

(A) Comply with all applicable requirements of the EUR regulations, including, but not limited to, any recording requirements; and

(B) Be recorded simultaneously with any permanent release or termination.

(h)Determination of Invalidity for Non-Compliance

(1) If at anytime the commissioner determines that work or activities conducted do not comply with the requirements of this section, including, but not limited to, the conduct of activities not authorized by a temporary release, the commissioner shall consider any such work or activity unauthorized and may immediately terminate any such release, require that the parcel be restored to the conditions described by the EUR by a date certain, and take any other action regarding such noncompliance.

(2) If at anytime the commissioner determines that a temporary or permanent release of an EUR or termination of a NAUL was not recorded or was not recorded in compliance with the requirements of this section, the commissioner may record, or may require the owner to record, a termination of any temporary release or another temporary or permanent release of an EUR or termination of a NAUL, including a statement that any previously recorded release or termination was invalidly recorded and that the obligation to record any such release or termination has not been satisfied. An invalidly recorded temporary or permanent release of an EUR, or termination of a NAUL shall not satisfy any requirement of any statute or regulation requiring such release or termination. If the commissioner records a termination of a temporary release or a statement pursuant to this subsection, the commissioner shall notify the owner of the parcel.

(3) Nothing in this section shall affect the authority of the commissioner under any other statute or regulation, including, but not limited to, the authority to seek civil or criminal penalties or issue any order to prevent or abate pollution.

Conn. Agencies Regs. § 22a-133q-7

Effective 2/16/2021