Connecticut Administrative Code
Title 22a - Environmental Protection
133q - Remediation Standard
Section 22a-133q-8 - Post-recordation Inspections and Corrective Actions
Universal Citation: CT Reg of State Agencies 22a-133q-8
Current through March 14, 2024
This section shall apply to all EURs, regardless of whether such EUR was recorded before, on, or after February 16, 2021:
(a) Inspections
The owner shall comply with the following inspection requirements;
(1) Annual Inspection
Between April 1st and July 31st of each year, an annual inspection that
complies with the requirements of this section, shall be conducted. Within 30
days of any such inspection, a report of such inspection, using a form
prescribed by the commissioner, shall be completed and shall be signed by the
owner of the parcel. An annual inspection is not required in the year when a
five-year comprehensive inspection is conducted pursuant to subdivision (2) of
this subsection.
(2) Five-Year
Comprehensive Inspections Beginning in the year 2025, the owner of a parcel on
which an EUR has been recorded shall ensure that an LEP is retained to conduct
a comprehensive inspection that complies with the requirements of this section.
The LEP shall conduct such inspection between April 1st and September 30th.
Within 30 days of any such inspection, a report of such inspection, using a
form prescribed by the commissioner, shall be completed by the LEP conducting
the inspection and shall be signed and sealed by such LEP and signed by the
owner.
(3) Commissioner Required
Inspection In addition to any inspections required by this subsection, at any
time, the commissioner may require, in writing, that a comprehensive inspection
that complies with the requirements of subdivision (2) of this subsection be
conducted within a time period specified by the commissioner. If the
commissioner fails to specify a time period, an inspection shall be conducted
within 30 days of the commissioner notice that an inspection is required.
Within 30 days of any such inspection, or such time specified by the
commissioner, a report of such inspection, using a form prescribed by the
commissioner, shall be completed by the LEP conducting the inspection and shall
be signed and sealed by such LEP and signed by the owner.
(4) Inspection Requirements Any inspection
required by this subsection shall include:
(A)
A physical inspection of the EUR subject areas to determine compliance with the
restrictions and affirmative obligations of the EUR;
(B) A review of records, including analytical
data, to verify compliance with the restrictions and affirmative obligations of
an EUR, including, but not limited to, compliance with recordkeeping
requirements and any monitoring required by the EUR;
(C) A review of the EUR factsheet to
determine if, for each subject area, the EUR factsheet contains the
restrictions and affirmative obligations and the conditions regarding such
subject area. If the information contained on the EUR factsheet does not
reflect the restrictions and affirmative obligations or is otherwise incorrect,
or incomplete, a revised EUR factsheet shall be prepared, included in the
inspection report, and the new factsheet shall replace the former factsheet for
any purpose for which an EUR factsheet is required by the EUR regulations;
and
(D) Any other information
specified on the annual or five-year comprehensive inspection forms prescribed
by the commissioner.
(b) Corrective Action
(1) If the owner knows, or reasonably should
have known, of conditions which do not comply with any restriction or
affirmative obligations of an EUR, or when the results of the inspection
required by subsection (a) of this section indicate non-compliance with the
restrictions or affirmative obligations of an EUR, the owner shall:
(A) Correct any non-compliance as soon as
practicable, but no later than 90 days from the date the owner knew or
reasonably should have known of such non-compliance; or
(B) Submit to the commissioner, on a form
prescribed by the commissioner, a plan and a schedule for correction of any
non-compliance, not more than 30 days after discovery of non-compliance, if the
owner determines that or reasonably should have determined that correction of
the noncompliance cannot be completed within 90 days. The owner shall comply
with any comments or conditions from the commissioner regarding any plan or
schedule submitted pursuant to this subdivision.
(2) The commissioner's receipt of any plan or
schedule under this subsection shall not excuse any non-compliance and shall
not prevent the commissioner from taking any other action regarding such
non-compliance.
(3) Nothing in this
section shall affect the authority of the commissioner under any other statute
or regulation, including, but not limited to, the authority to seek civil or
criminal penalties or issue any order to prevent or abate pollution.
(c) LEP Notification
If an LEP knows, or reasonably should know, of non-compliance with any requirement regarding an EUR, including, but not limited to, as a result of an inspection conducted pursuant to this subsection, the LEP shall immediately notify the owner in writing and, upon such notification, the owner shall comply with subsection (b) of this section. If requested by the commissioner, in writing, an LEP shall provide documentation of compliance with this requirement.
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