As detailed in prior client alerts, Connecticut is in the midst of a transformative effort with regard to its environmental programs. This transformation includes on its face smaller, but no less important, components that the regulated community needs to consider and be aware of. It may surprise property owners with already recorded Environmental Use Restrictions (“EURs”) that they are now subject to a new suite of requirements associated with those EURs. These requirements attach to the current owner of the real property regardless of who was responsible for the EUR or the remediation that the EUR is associated with. [NOTE: A recorded Environmental Land Use Restriction or ELUR is an EUR and thus subject to these regulations.]
The regulations are effective as of February 16, 2021 and can be found at Regulations of Connecticut State Agencies Sections 22a-133q-1—22a-133q-app2. This alert is specific to Sections 22a-133q-8, Post-recordation Inspections and Corrective Actions and 22a-133q-9, Miscellaneous Requirements.
Property owners that currently have an EUR recorded on the land records (regardless of who was responsible for the remediation of the property or when the EUR was recorded) must comply with the following: