Sec.22a-133q-1. Definitions

(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;

(19) “Pollution” has the same meaning as provided in section 22a-423 of the Connecticut General Statutes;

(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.

(b) Any term not defined in the EUR regulations, that is defined in the RSRs, has the same meaning as provided in section 22a-133k-1(a) of the Regulations of Connecticut State Agencies.

(Effective January 30, 1996; Amended June 27, 2013; Amended February 16, 2021)