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Example Declaration Paragraphs

Instructions: Choose the restrictions that apply, insert the language specific to those restrictions from the Example Declaration Paragraphs into the Declaration at the indicated locations, and adjust the text in {brackets} to Subject Area-specific conditions. Text in gray is language that is already included in the Declaration form. Text in black is the restriction-specific text to be inserted.

An Example: Joe’s Coffee House property has two Subject Areas. Subject Area A is the entire property. Subject Area B is the footprint of the building at the property. At Subject Area B the soil contains concentration of substances that are greater than the Industrial/Commercial Direct Exposure Criteria. At other locations at the property, the soil contains concentrations of substances that are greater than the Residential Direct Exposure Criteria, but are less than the Industrial/Commercial Direct Exposure Criteria. The ELUR for Subject Area A will restrict the use of the property to industrial/commercial activity. The ELUR for Subject Area B will prohibit the exposure of soil, the disturbance of the concrete building slab, and the demolition of the building. The Declaration Paragraphs will look like this:

1.Purpose. In accordance with the Decision Document, the purpose of this environmental land use restriction is to assure that Subject Area A (the entire Property) is not used for residential activities, and that humans are not exposed to soils at Subject Area B polluted with substances in concentrations exceeding the direct exposure criteria established in the Regulations of Connecticut State Agencies sections 22a-133k-1 through 22a-133k-3, inclusive.

2.Restrictions Applicable to the Subject Area. In furtherance of the purposes of this environmental land use restriction, Grantor shall assure that use, occupancy, and activity of and at the Subject Area are restricted as follows:

A. Use. No residential activity shall be permitted at Subject Area A (the entire Property).

B. Disturbances. Soil in Subject Area B located below the concrete building slab shall not be exposed as a result of excavation, demolition or other activities. The soil and concrete building slab which are in Subject Area B, shall not be disturbed in any manner by activities such as demolition, excavation or other intrusive activities.

C. Demolition. Demolition of the building at Subject Area B shall not be permitted.

Example Declaration Paragraphs:

Industrial/Commercial Use Restriction for Soil, Groundwater, and/or Soil Vapor (with or without PCBs)

1.Purpose. In accordance with the Decision Document, the purpose of this environmental land use restriction is to assure that the Subject Area is not used for residential activities.

2.Restrictions Applicable to the Subject Area. In furtherance of the purposes of this environmental land use restriction, Grantor shall assure that use, occupancy, and activity of and at the Subject Area are restricted as follows:

A. Use. No residential activity shall be permitted at the Subject Area (the entire Property).

Soil Disturbance Restriction (with or without PCBs)

1. Purpose. In accordance with the Decision Document, the purpose of this environmental land use restriction is to assure that humans are not exposed to soils at the Subject Area polluted with substances in concentrations exceeding the direct exposure criteria established in the Regulations of Connecticut State Agencies sections 22a-133k-1 through 22a-133k-3, inclusive.

2.Restrictions Applicable to the Subject Area. In furtherance of the purposes of this environmental land use restriction, Grantor shall assure that use, occupancy, and activity of and at the Subject Area are restricted as follows:

A. Disturbances. Soil in the Subject Area {describe location, depth and elevation} shall not be exposed as a result of...
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