Proposed Amendments to Remediation Standard Regulations and Environmental Land Use Restrictions Regulations
September 11, 2012
The Environmental Practice Group at Murtha Cullina wants you to be aware that the Department of Energy and Environmental Protection (“DEEP”) has given notice of its intent to amend the Remediation Standards Regulations (“RSRs”) and the Environmental Land Use Restrictions (“ELUR”) Regulations. One or more of these amendments may affect your operations, therefore, we suggest that you review them and contact us if you have any questions.
The RSRs contain guidance and standards used to determine whether remediation of polluted soil, surface water or a groundwater plume is necessary to protect human health and the environment, as well as technical criteria for any resulting remediation. The purpose of the proposed amendments is to remove unintended barriers to remediation and “aid site cleanup and redevelopment without compromising the protection of public health and environmental quality.” The proposed amendments to these regulations include, but are not limited to, the following:
Ground Water Remediation:
The ELUR Regulations identify the procedures and standards for the use and recording of environmental land use restrictions, which permit remedial goals to be met by minimization of the risk of human exposure to pollutants and hazards to the environment by preventing specific uses or activities at a property. The purpose of the proposed amendments is “to clarify requirements and incorporate procedural changes that streamline the process of utilizing an ELUR on polluted real property.”
The proposed amendments to these regulations include, but are not limited to, the following:
A public hearing is scheduled for all interested persons for October 25, 2012 from 1:00 p.m. – 6:00 p.m. (until all the comments have been heard or until the last person present has testified) in DEEP’s Phoenix Auditorium, 5th Floor, 79 Elm Street, Hartford, Connecticut. DEEP has requested that any person giving oral comment at this public hearing also submit a written copy of their comments. Comments on the proposed amendments may also be submitted to the attention of Robert E. Bell at:
Department of Energy & Environmental Protection
All comments must be received by the close of the public hearing.
In addition, informational sessions are scheduled for September 20 and 26, 2012, both of which are scheduled from 1:30 p.m. - 3:30 p.m. in DEEP’s Phoenix Auditorium, 5th Floor. These informational sessions are not a substitute for submitting comments as described above and no public comments will be received during the informational sessions.
If you wish to submit comments or would like more information concerning any of these amendments, please contact Mark Sussman (email@example.com), or any of the other members of Murtha Cullina’s Environmental Practice Group. Similarly, for issues pertaining to public hearings and legislation, please feel free to contact Jane Murphy (firstname.lastname@example.org) or any of the members of our Government Affairs Group.
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