Sec.22a-133q-9. Miscellaneous Requirements

The owner of the parcel on which an EUR has been placed shall comply with the following requirements:

(a) EUR Factsheet

If the parcel on which an EUR has been placed is occupied by persons, even temporarily, the owner of such parcel shall ensure that a copy of the EUR factsheet is posted in a conspicuous location where such factsheet can be seen by the general public or is in the possession of the person responsible for maintenance or operation of the parcel. Any such factsheet shall be posted or kept at the parcel until the EUR is permanently released or terminated in whole. While this subsection shall apply to all EURs, regardless of when recorded, for EURs recorded before February 16, 2021, this subsection shall not take effect until April 17, 2021.

(b) Health and Safety Notification

Except on a parcel on which the only restriction is a residential activity restriction, effective February 16, 2021, if work is being done on a parcel subject to an EUR, regardless of when the EUR was recorded, prior to any work being performed in or on a subject area which is subject to a restriction or obligation other than, or in addition to, a residential activity restriction, a copy of the EUR and EUR factsheet shall be provided to the person responsible for overseeing the health and safety of workers who may be exposed to pollution from such work. Notice under this section shall be provided any time excavation is to occur on a parcel subject to an EUR, unless the only restriction imposed by such EUR is a restriction on residential activity.

(c) Document Retention

The current owner shall have and retain a copy of all records, documents and reports whose preparation is required by the EUR regulations. In addition, for an EUR recorded before February 16, 2021, the current owner shall have and retain a copy of all records, documents and reports in such owner’s possession as of February 16, 2021 regarding an EUR, including, but not limited to, any record, document or report that was required to be maintained by sections 22a-133o to 22a-133r, inclusive, of the Connecticut General Statutes, and any regulations in effect pursuant thereto when the EUR was recorded. Any record, document, or report specified in this subsection may be reviewed by and shall be provided to the commissioner upon request, within the time specified in any such request and if no timeframe is specified, not more than 30 days after the receipt of a written request.

(d) Transfer of an interest in a parcel subject to an EUR

This section shall apply to the transfer of any interest in a parcel subject to an EUR after February 16, 2021, regardless of when any such EUR was recorded.

(1) (A) At least 30 days prior to the transfer of an interest in a parcel subject to an EUR by the owner, which is less than an ownership interest in the whole or part of a parcel, the owner shall provide to each person to whom an interest will be transferred a copy of the EUR and the EUR factsheet. Any such transferee shall retain a copy of all such documents in accordance with subsection (c) of this section.

(B) At least 30 days prior to the transfer of ownership of a parcel, or a portion of parcel subject to an EUR, the owner shall provide to the transferee a copy of all documents whose preparation is required by the EUR regulations, including, but not limited to, a copy of the EUR, the EUR factsheet, and all annual and five-year inspection reports. Any such transferee shall retain a copy of all such documents in accordance with subsection (c) of this section.

(C) If the nature or terms of a transfer make compliance with the 30-day deadline to provide documents in subparagraphs (A) and (B) of this subdivision impractical, the owner shall ensure that such documents are provided to the transferee prior to the transfer of an interest or ownership.

(D) Any transferee provided documents pursuant to this subdivision shall retain, in accordance with subsection (c) of this section, all such documents.

(2) Notwithstanding the requirements of subdivision (1) of this subsection, if ownership of a parcel, or part of a parcel, subject to an EUR is transferred by condemnation or foreclosure,

(A) The condemning or foreclosing entity shall use reasonable efforts, documented in writing, to obtain all documents whose preparation is required by the EUR regulations, including, but not limited to, a copy of the EUR, the EUR factsheet, and all annual and five-year inspection reports; and,

(B) Each time ownership of such parcel, or part of a parcel, is subsequently transferred, all documents obtained pursuant to subparagraph (A) of this subdivision, and all other documents whose preparation is required by the EUR regulations in the time after the foreclosure or condemnation, including, but not limited to, all annual and five-year inspection reports, shall be provided to the transferee pursuant to the process and deadlines in subdivision (1) of this subsection.

(3) Not later than 30 days after the transfer of ownership of a parcel, or a portion of a parcel, subject to an EUR, the transferee shall provide written notice of such transfer to the commissioner on a form prescribed by the commissioner.

(4) Upon the transfer of an interest in, including, but not limited to, ownership of a parcel, subject to a NAUL, the transferor shall incorporate such NAUL, in full or by reference, into the instrument of transfer.

(e) Review or Inspection of Records by Commissioner

This section shall apply to all EURs, regardless of whether such EUR was recorded before, on, or after February 16, 2021:

(1) The commissioner may, at any time, request or review any record, document or report regarding an EUR, regardless of when such EUR was recorded. This includes, but is not limited to, a proposed or recorded EUR, any temporary or permanent release, termination, or any record, document or report related to a temporary allowable disturbance. The owner shall provide any such record, document or report to the commissioner upon request, within the time specified in any such request and if no timeframe is specified not more than 30 days after the receipt of a written request.

(2) The commissioner may inspect an EUR for compliance with the RSRs and this section and may also observe on-site any activities associated with a temporary release or a temporary allowable disturbance.

(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 request records or information, or conduct an inspection.

(f) Temporary Reduction of Fees and Exemption From Fees

(1) For the period commencing on February 16, 2021 and ending two years after February 16, 2021, any fee required by the EUR regulations shall be one-half the amount specified in such regulations. On and after such period, any fee required by the EUR Regulations shall be the amount specified in such regulations.

(2) Notwithstanding any provisions of the EUR regulations, the following entities are exempt from payment of any fee required by the EUR regulations:

(A) The state or any political subdivision of the state;

(B) Any nonprofit organizations recognized under section 501(c)(3) of the Internal Revenue Code;

(C) Any municipal economic development agency or entity created or operating under chapter 130 or 132 of the Connecticut General Statutes; or

(D) Any person receiving federal, state, or municipal brownfields funding for investigation or remediation.

(g) Court Ruling Regarding an EUR

In the event that a court of competent jurisdiction rules that any portion of a recorded EUR is void or without effect, for any reason, no later than 45 days after any such ruling the owner of the subject parcel shall submit a copy of such restriction and such ruling to the commissioner. In this event, the owner shall comply with any schedule prescribed by the commissioner pursuant to section 22a-133r of the Connecticut General Statutes. “Ruling” for purposes of this section includes a ruling by a court, even if such ruling is the subject of an appeal.

(Effective February 16, 2021)