Sec.22a-133q-5. EUR Opinion

(a) Preparation of the EUR Opinion

For purposes of the EUR regulations, an EUR opinion shall be prepared using a form prescribed by the commissioner and shall:

(1) Identify historic industrial/commercial activity on the parcel and include a brief narrative summarizing the type and location of pollutants in the soil, groundwater, sediments, or soil vapor at concentrations greater than the applicable criteria set forth in or approved pursuant to the RSRs and identified during the investigation and characterization of the parcel;

(2) Include a table, that lists:

(A) Each proposed ELUR or NAUL subject area identified on a survey that complies with section 22a-133q-4 of the EUR regulations;

(B) The pollutants present in soil, sediments, groundwater or soil vapor on or underlying that subject area that are present in concentrations greater than the criteria set forth in, or approved pursuant to, the RSRs, their concentration, and horizontal and vertical extent; and

(C) The restrictions or affirmative obligations to be imposed by the EUR;

(3) Describe each restriction or affirmative obligation to be imposed by the EUR and all requirements to implement such EUR;

(4) For each restriction or affirmative obligation, as applicable, to be imposed by the EUR, indicate:

(A) Why the restriction or affirmative obligation was chosen for the conditions present at the subject area;

(B) That the current condition of the subject area is in compliance with the restriction proposed;

(C) That the current condition of the subject area allows for compliance with all affirmative obligations; and

(D) How compliance with each restriction and affirmative obligation, as proposed, will ensure compliance with the RSRs;

(5) For parcels subject to a NAUL only, describe any activities and uses permitted and inconsistent with maintaining compliance with such NAUL;

(6) Include the signature and seal of an LEP, or, when the parcel upon which the EUR will be placed is in the custody and control of the department, the signature of either the commissioner or an LEP, certifying that:

(A) The contents of the EUR opinion are accurate and complete; and,

(B) Each restriction and affirmative obligation to be imposed by the EUR is consistent with the RSRs and is protective of human health and the environment; and

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

(b) Compliance with Notice of Activity and Use Limitation Decision Document

An EUR opinion completed in accordance with subsection (a) of this section shall satisfy the requirement to prepare a Notice of Activity and Use Limitation Decision Document specified in section 22a-133o(c)(5)(B) of the Connecticut General Statutes.

(Effective February 16, 2021)