Murtha Means More

UPDATE - Proposed Amendments to Remediation Standard Regulations and Environmental Land Use Restrictions Regulations

September 24, 2012

The Environmental Practice Group at Murtha Cullina wants you to be aware that the Department of Energy and Environmental Protection (“DEEP”) held its first informational session on the noticed amendments to Remediation Standards Regulations (“RSRs”) and the Environmental Land Use Restrictions (“ELUR”) Regulations on September 20, 2012.  The proposed amendments seek to remove unintended barriers to remediation under the RSRs, “aid site cleanup and redevelopment without compromising the protection of public health and environmental quality,” and “clarify requirements and incorporate procedural changes that streamline the process of utilizing ELUR on polluted real property.”  During the September 20th session, DEEP provided an overview of the proposed amendments and accepted questions regarding same.  DEEP further clarified the goals of the proposed amendments, including increased predictability and certainty, more self-implementation options and streamlining of the process for establishing groundwater compliance.

As a reminder, a second informational session will be held on September 26, 2012, from 1:30 - 3:30 p.m., in DEEP’s Phoenix Auditorium, 5th Floor.  The informational session is not a substitute for submitting comments and no public comments will be received during the informational session.

A public hearing is scheduled for October 25, 2012 from 1:00 - 6:00 p.m. (until all comments have been heard or until the last person present has testified) in DEEP’s Phoenix Auditorium.  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
Bureau of Water Protection and Land Reuse
79 Elm Street
Hartford, Connecticut 06106-5127

All comments must be received by the close of the public hearing.

If you wish to submit comments or would like more information concerning any of these amendments, please contact Mark Sussman (msussman@murthalaw.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 (jmurphy@murthalaw.com) or any of the members of our Government Affairs Group.

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