Does the DEP require the use of an ELUR for remediation at sites?
The use of an ELUR is always at the discretion of the property owner, who is the only party that can enter into this agreement with the CT DEP. An ELUR can be a very helpful remedial tool in that it allows for the management of some levels of pollution on a property where an ELUR is recorded on the land records. Generally, when an ELUR is used, the amount of active remediation (e.g., excavation) is limited, and the remaining pollution is managed through control of activities on or uses of the site. Therefore, using an ELUR may save money and time spent actively remediating the site. The ELUR “runs with the land,” meaning all present and future owners must comply with its terms, including any operation and maintenance obligations. When sites are remediated under Section 22a-133y, the owner must either execute and record an ELUR or they must certify to the DEP that an ELUR is not necessary.
Related Questions
- What Ground Water Remediation Standards should be applied to sites after the Ground Water Quality Standards were readopted on November 7, 2005?
- How should ongoing sampling and reporting of existing monitoring wells be handled at sites where active remediation is taking place?
- Does the DEP require the use of an ELUR for remediation at sites?
