Inspect 'em and Perfect 'em – It’s Time for Connecticut’s Five-Year LEP EUR Inspections

This spring kicks off the inaugural five-year formal inspection requirement for properties in Connecticut subject to Environmental Use Restrictions (EURs), i.e., Environmental Land Use Restrictions (ELURs) and Notices of Activity and Use Limitations (NAULs). Remember, as we’ve said before, “Set ‘em But Don’t Forget ‘em.” As part of the Connecticut Department of Energy and Environmental Protection’s (DEEP) EUR regulations, property owners with sites subject to EURs are required to have a Licensed Environmental Professional (LEP) complete a comprehensive inspection every five years for any site where an EUR was recorded on the municipal land records in or before 2020. The five-year LEP inspection requires an in-person review of the site and all EUR subject areas and must be completed between April 1st and September 30th of each year when a five-year LEP inspection is due. There are no exceptions for EURs that were in place before DEEP amended the EUR regulations to include this requirement. 

A Few Key Requirements

Within 30 days of performing the inspection, the LEP must complete, sign and seal the DEEP-prescribed inspection form, which must also be signed by the property owner. The completed inspection form and any corrective action addendum must be maintained on-site by the property owner/manager and made available to DEEP upon request (note there is no affirmative requirement to send to DEEP absent such a request). In the event non-compliance is identified during the inspection, the property owner must perform corrective actions within 90 days or, if the non-compliance cannot be corrected within 90 days, the owner must submit a schedule for correcting the non-compliance to DEEP within 30 days.

*Practice tip – if needed repairs to and/or maintenance of the EUR subject areas are identified during the LEP inspection (e.g., sealing cracks in pavement), consider completing the necessary work during the 30 day period following the inspection and documenting same prior to finalizing the inspection form and related information.*

It is important to note that an annual inspection is not required in the year when the comprehensive five-year LEP inspection is conducted. Note also that failure to complete the inspection requirements (annual and five-year LEP inspection) could result in enforcement actions (including penalties).  As many property owners with EURs recently learned, DEEP engaged a private environmental consulting company to contact property owners with EURs to update DEEP’s contact information and help ensure inspections are being completed.

For further information on the inspection process and specific deadlines, property owners should coordinate with their tenant(s) (if applicable), property manager and environmental and legal teams to ensure compliance with EUR requirements.

While this alert focuses on the five-year LEP inspection requirement, we encourage Connecticut property owners to also refresh on the annual EUR inspection requirements (that owners can conduct themselves) and the associated obligations for owners, sellers and buyers of properties subject to EURs. 

As always, contact a Shipman environmental lawyer today with any questions.