Conn. Agencies Regs. § 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;
(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.
Notes
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