Sec. 22a-133o. Environmental land use restrictions: Requirements. Subordination agreements. Releases.
Sec. 22a-133o. Environmental land use restrictions: Requirements. Subordination agreements. Releases. (a) An owner of land may execute and record an environmental use restriction under sections 22a-133n to 22a-133r, inclusive, on the land records
of the municipality in which such land is located if (1) the commissioner has adopted
standards for the remediation of contaminated land pursuant to section 22a-133k and
adopted regulations pursuant to section 22a-133q, (2) the commissioner, or in the case
of land for which remedial action was supervised under section 22a-133y, a licensed
environmental professional, determines, as evidenced by his signature on such restriction, that it is consistent with the purposes and requirements of sections 22a-133n to
22a-133r, inclusive, and of such standards and regulations, and (3) such restriction will
effectively protect public health and the environment from the hazards of pollution.
(b) No owner of land may record an environmental use restriction on the land records
of the municipality in which such land is located unless he simultaneously records documents which demonstrate that each person holding an interest in such land or any part
thereof, including without limitation each mortgagee, lessee, lienor and encumbrancer,
irrevocably subordinates such interest to the environmental use restriction provided the
commissioner may waive such requirement if he finds that the interest in such land is
so minor as to be unaffected by the environmental land use restriction. An environmental
use restriction shall run with land, shall bind the owner of the land and his successors
and assigns, and shall be enforceable notwithstanding lack of privity of estate or contract
or benefit to particular land.
(c) Within seven days of executing an environmental use restriction and receiving
thereon the signature of the commissioner or licensed environmental professional, as
the case may be, the owner of the land involved therein shall record such restriction
and documents required under subsection (b) of this section on the land records of
the municipality in which such land is located and shall submit to the commissioner a
certificate of title certifying that each interest in such land or any part thereof is irrevocably subordinated to the environmental use restriction in accordance with said subsection (b).
(d) An owner of land with respect to which an environmental use restriction applies
may be released, wholly or in part, from the limitations of such restriction only with the
commissioner's written approval which shall be consistent with the regulations adopted
pursuant to section 22a-133q and shall be recorded on the land records of the municipality in which such land is located provided the commissioner may waive the requirement
to record such release if he finds that the activity which is the subject of such release
does not affect the overall purpose for which the environmental land use restriction was
implemented and does not alter the size of the area subject to the environmental land
use restriction. The commissioner shall not approve any such release unless the owner
demonstrates that he has remediated the land, or such portion thereof as would be affected by the release, in accordance with the standards established pursuant to section
22a-133k.
(e) An environmental use restriction shall survive foreclosure of a mortgage, lien
or other encumbrance.
(P.A. 94-198, S. 5, 13; P.A. 95-169, S. 2; 95-190, S. 12, 17; P.A. 96-113, S. 9, 17; P.A. 97-218, S. 2.)
History: P.A. 94-198 effective June 7, 1994; P.A. 95-169 amended Subsecs. (a) to (d), inclusive, to provide for the
recording of environmental use restrictions on town land records instead of in a registry maintained by the Commissioner
of Environmental Protection; P.A. 95-190 added provisions to allow licensed environmental professionals to sign environmental use restrictions and to provide that such restrictions be recorded on town land records rather than in registry
maintained by commissioner, effective June 29, 1995; P.A. 96-113 amended Subsecs. (b) and (c) to add provisions re
documentation supporting subordination agreements, effective May 24, 1996; P.A. 97-218 amended Subsec. (b) to provide
that the commissioner may waive requirements for documentation of a subordination agreement if he finds that the interest
to be subordinated is so minor as to be unaffected by the land use restriction, and amended Subsec. (d) to allow a waiver
of the recording of a release from the restriction under this section if he finds that the activity which is the subject of the
release does not affect the overall purpose of the restriction and does not alter the size of the area subject to the restriction.