Notice of activity and use limitation or “NAUL” means a type of environmental use restriction that complies with the requirements of section 22a-133o of the Connecticut General Statutes, the EUR regulations, and the RSRs, which does not create an interest in, nor require transfer to the commissioner of an interest in, the parcel, or portion thereof, that is subject to such restriction;
Notice of activity and use limitation or “NAUL” means a type of environmental use restriction that complies with the requirements of section 22a-133o of the Connecticut General Statutes, the EUR regulations, and the RSRs, which does not create an easement on, nor require transfer to the commissioner of an easement on, the parcel, or portion thereof, that is subject to such restriction;
Notice of activity and use limitation means a notice of a restriction on or obligation concerning an activity on or use of real property, in accordance with AS 46.04.300 — 46.04.390;
More Definitions of Notice of activity and use limitation
Notice of activity and use limitation or “NAUL” means a notice of activity and use limitation as described in the MCP, including 310 C.M.R. §§ 40.0111, 40.1070, and 40.1074, that provides property owners, holders of record property interests, and others with notice of the presence and location of contamination remaining at the property subject to the NAUL, and identifies activities and uses that are consistent or inconsistent with maintaining the remedy at the Site.
Notice of activity and use limitation means a restriction or
Notice of activity and use limitation means a written notice of the activities, uses and/or exposures that provide the basis for a Response Action Outcome Statement ” (310 CMR 40.0006) Elements of an AUL: ■ written notice of property restrictions (vs. a grant of an interest)■ imposed by the land owner■ DEP approval not required, but DEP conducts audits■ recorded at the Registry of Deeds or Land Court■ restricts prohibited future uses while allowing permitted uses■ prevents exposure to remaining oil or hazardous materials (OHM)■ largely used for soil contamination(groundwater application: e.g., to eliminate an existing private well, O+M of venting system or vapor barrier) ■ Goal: reduce response actions (and costs) while maintaining protection (e.g., Brownfields redevelopment projects) Examples of AUL Restrictions ■ Prohibit residential, school, agricultural and other sensitive uses■ Allow commercial and industrial activities■ Install and maintain an impervious surface (e.g., pavement)■ Limit excavation activities (implement a Health and Safety Plan and a Soil Management Plan)■ Inspect and maintain a venting system or vapor barrier (to prevent indoor air contamination)Contents of an AUL Filing: ■ “Notice of Activity and Use Limitation” (Form 1075)■ Exhibit A – Parcel Description■ Exhibit B – Sketch Plan■ Exhibit C – AUL Opinion■ Exhibit D – AUL Opinion Form – BWSC Form 113A■ Exhibit E – Signatory Authority (by Owner) 45-day prior written notice to record interest holders (e.g., banks, mortgagees, easement holders, tenants)All documents recorded at the Registry of Deeds (Land Court if registered land) Contents of Form 1075 – “Notice of AUL” ■ Activities and uses consistent with AUL Opinion (permitted uses)■ Activities and uses inconsistent with AUL Opinion (prohibited uses)■ Obligations and conditions in the AUL Opinion■ Proposed changes in activities and uses (new LSP Opinion required)■ Incorporation in deeds, mortgages and leases■ Mirror the contents of the AUL Opinion Contents of AUL Opinion ■ Prepared by LSP■ Describe site history and nature of contaminationremaining