Environmental Use Restrictions (EURs): Process, Practical Tips, and Review of Five-year Inspection Requirements

Date and Time: April 1, 2025, 10 AM - 12:30 PM
Location: Live Zoom Webinar

Speakers: CT DEEP staff: Jade Barber, Jeff Brais, Joanna Burnham, and Doug Pelham, Cohn Birnbaum & Shea P.C.

Continuing Education Credits: 

This is the first time this course is being offered for CT LEP credits. The CT State Board of Examiners of Environmental Professionals (LEP Board) has approved this course/webinar for 2.5 hours of continuing education credits (CTLEP-615 W).

Fees: 

• EPOC Members: $100
• Non-members: $200 (consider joining EPOC at this time to receive the member rate for this program)
• Gov't Employee/Students: $50

Course Description:

The purpose of an Environmental Use Restriction (EUR) is to minimize the risk of human exposure to pollutants and hazards to the environment by preventing specific uses or activities at a property or a portion of a property. There are two types of EUR, the Environmental Land Use restriction (ELUR) and Notice of Activity and Use Limitation (NAUL), both are recorded on the municipal land records. Recording an EUR requires a lot of preparation and follow-up maintenance. Starting in 2025 an EUR Five-Year Comprehensive Inspection will be required going forward. This course is designed to walk LEPs through the EUR process and the new five-year inspection requirements. In addition, a discussion will review the components of the EUR Submittal form used to request approval of an Environmental Use Restriction from the Connecticut DEEP. The emphasis will be on coordination and timing of creating, gathering and compiling the necessary materials, including avoidance of common mistakes and omissions.

Course Agenda:

• Introduction and EUR basics: DEEP
• Practical Tips on Preparing the EUR Submittal: Doug Pelham
  - Designation of application quarterback
  - Checklist of materials to gather
  - Lead time items: title search, public notice, survey
  - Third party agreements: subordinations and consents
  - Survey considerations
  - Property owner affidavit
  - Execution and recording timelines and pitfalls
• Helpful hints on what the Department expects to see, and maintaining an EUR: DEEP
• EUR Five-Year Comprehensive Inspection Form – walk through of from, and what is expected of LEP inspection and report write-up: DEEP
• Inspection Examples: DEEP
• Q&A: DEEP and Doug

Submit Questions in Advance of the Program:

Please submit questions in advance of the program (by Friday, March 28th) using our online form so they can be shared with speakers and addressed during the Q&A session at the end of the program.

Speaker Biographies:

Jade Barber

Ms. Barber has been an Environmental Analyst with the Remediation Division of the Connecticut Department of Energy and Environmental Protection since 2014. Prior to that time, she was an Environmental Analyst with the UST Clean Up Program since 2002. Ms. Barber oversees the investigation and remediation of sites in the north central area of the state and serves as the stewardship permit lead for that district Ms. Barber is a point person for Environmental Use Restrictions (EURs), and was a key contributor to the EUR Regulation revisions. Ms. Barber graduated from Eastern Connecticut State University with a B.S. in Environmental Earth Science and a minor in Hydrogeology.

Jeff Brais

Jeff Brais has been an Environmental Analyst in the Remediation Division of the Connecticut Department of Energy and Environmental Protection since 2022 and a Licensed Environmental Professional since 2017. Currently, Mr. Brais manages projects in the southwest district of Connecticut, is a member of the release-based program development workgroup, road salt workgroup, groundwater injection permitting workgroup, and is a member of the environmental use restriction workgroup at CT DEEP. Before joining the CT DEEP, Mr. Brais worked as an environmental consultant in Connecticut since 2006, gaining extensive experience in investigation and remediation projects. Mr. Brais graduated from Union College with a Bachelor of Science in Geology.

Joanna Burnham

Ms. Burnham has been an Environmental Analyst III with the Remediation Division of the Connecticut Department of Energy and Environmental Protection since 2014. Prior to that time, she was an Environmental Analyst with the UST Clean Up Program with in the Bureau of Materials Management & Compliance Assurance since 1997. While continuing to be the technical staff Project Manager for the UST Petroleum Clean Up Program, Ms. Burnham also oversees special projects within the Technical and Compliance Support Division within Remediation. Ms. Burnham is a point person for all Records Management for the Water Protection and Land Reuse Bureau, Project Manager for the Division’s Digitization Project, Chairman of the Remediation Roundtable, and a new member of the Environmental Use Restrictions (EURs) workgroup. Ms. Burnham graduated from Eastern Connecticut State University with a B.S. in Environmental Earth Science and a minor in Chemistry.

Doug Pelham

Doug Pelham is a principal of Cohn Birnbaum & Shea P.C. Doug’s primary practice area is environmental law and commercial real estate, and he also practices in the areas of real estate leasing, land use and lender representation. His environmental practice includes advising clients regarding the issues surrounding acquisition and remediation of contaminated property, and interpretation and applicability of waste, water and air regulations to business operations. Doug was an environmental engineer for 10 years (at HRP Associates and then Duracell). Doug holds a BS in Chemical Engineering from Lafayette College, an MS in Environmental Engineering from the University of New Haven, and a Juris Doctor from Quinnipiac University, and is a registered professional engineer in Connecticut in addition to being admitted to the Connecticut and Massachusetts bars. Doug is a board member of the Connecticut Environmental Forum, a member of the executive committee of the Environmental Section of the Connecticut Bar Association (and a past chair), and a member of the executive committee of the Real Property section. Doug is also a past board member of the Environmental Professionals’ Organization of Connecticut and past board member and president of the Farmington Land Trust.