Emergency and Non-Emergency EUR Releases
Reporting Environmental Emergencies and Spills
An environmental emergency is a situation that poses an immediate threat to public health or the environment resulting from the release or potential release of oil, hazardous chemicals or radioactive materials into the air, land, or water.
Emergency Suspension of EURs
In the event of an emergency that presents a significant risk to human health or the environment, an EUR may be suspended, provided such risk cannot be abated without suspending the EUR. The owner must immediately notify DEEP of the emergency and follow the other requirements of paragraph 4 of the Declaration of EUR presented in Section 22a-133q, Appendix 1 and 2. An EUR emergency typically involves the disturbance of contaminated soil to repair utilities when the EUR prohibits disturbance of soil.
Following the abatement of an emergency, a plan and schedule to remediate the impacted area should be submitted to DEEP for approval on the Environmental Use Restriction Form for: Allowable Disturbance, Release, Termination, or Post Emergency Abatement.
Allowable Disturbance, Release or Termination of EUR for Non-Emergency Activities
Releases from EURs allow for activities that are prohibited by EURs, such as excavation and utility work.
Environmental Use Restriction Form for Allowable Disturbance, Release, Termination, or Post Emergency Abatement Remediation(December 2021) (the Release Form) - A form to document any type of disturbance, release, termination, or post emergency abatement remediation from start to finish. The table within the form is used to identify the information being submitted for each stage of the disturbance, release, termination, or post emergency abatement. The Electronic Transmittal Form is embedded as the cover page of this form so it can be uploaded in Word.
EUR Fee Transmittal Form (July 2021) - If applicable, submit to DEEP CPPU with required fee. Embed a copy of the Fee Transmittal Form into the Release Form for:
- Temporary Release of EUR by Commissioner - $1,000 ($500 until February 15, 2023)
- Initial TRRA Approval Request (by Commissioner) - $1,000 ($500 until February 15, 2023)
FEES ARE NOT REQUIRED FOR:
- Post Emergency Abatement Remediation
- Allowable Disturbance
- Temporary Release of NAUL by LEP
- TRRA Use Notification
- Permanent Release of ELUR or Termination of NAUL By Commissioner
Post Emergency Abatement Remediation
In the event of an unforeseen combination of circumstances or the resulting state that calls for immediate action to prevent a significant risk to human health or the environment, the destruction of property, or the disruption of public utility service, the application of the EUR may be suspended, provided such risk cannot be abated without suspending the EUR and:
- The Department is immediately notified of the emergency;
- The extent and duration of the suspension are limited to the minimum reasonably necessary to adequately respond to the emergency;
- All measures necessary to limit actual and potential present and future risk to human health and the environment resulting from such suspension are implemented; and
- After the emergency is abated, a plan approved in writing by the Department is implemented, on an approved schedule, to ensure that the Subject Area is remediated in accordance with sections 22a-133k-1 to 22a-133k-3, inclusive, of the RCSA and restored to the condition described in the EUR.
Allowable DisturbanceAn allowable disturbance requires a notice to the Commissioner not less than 14 days prior to commencing disturbance activities. An allowable disturbance shall:
- Comprise a discrete singular project, minimized to the greatest extent practicable and not be one phase of a multi-phased project or a continuous or on-going project;
- Be supervised by a Licensed Environmental Professional (LEP). If the subject area is on a parcel under the custody and control of the Department, either an LEP or the Commissioner of may supervise such activities;
- Not exceed 90 days, and no new allowable disturbance in the same subject area may commence until 90 days has passed since the completion of activities performed pursuant to a previous allowable disturbance;
Not result in the excavation of more than 250 cubic yards of soil, other excavated material or debris;
- Not exceed 1000 square feet of disturbance at any one time; and
- Not result in the disturbance of any subject area containing PCBs.
Temporary Release of NAUL by LEP
Temporary Releases of NAULs approved by an LEP must be recorded on the municipal land records using the template provided as Appendix A in the Release Form, provided they meet the following conditions:
- Not more than 180 days after the temporary release is recorded, any subject area disturbed by the activities authorized by the temporary release is returned to the condition described in the NAUL or if a new EUR is going to be placed on the subject area, to a condition that complies with the RSRs; and
- An LEP has not approved a temporary release authorizing activities within the same subject area within the previous two calendar years.
Temporary Release of EUR by Commissioner
Temporary Releases of EURs may be approved by the Commissioner and must be recorded on the municipal land records.
Temporary Release for Recurring Activities (TRRA)
A TRRA is an optional type of release, approved by the Commissioner in advance, for recurring activities conducted at the same location. The TRRA and Commissioner’s Approval must be recorded on the municipal land records. A TRRA requires a 14-day notice to the Commissioner prior to beginning activities.
Temporary Release for Recurring Activities (TRRA) Template (July 2021) - A template that includes the Soil Management Plan for site-specific recurring soil disturbance activities.
Permanent Release of ELUR or Termination of NAUL
All Permanent Releases of ELURs or Terminations of NAULs must be approved by the Commissioner and recorded on the municipal land records.
Content last updated on March 23, 2021