Section Env-Or 608.01 - Implementation of an Activity and Use Restriction (AUR)(a) An activity and use restriction (AUR) shall be implemented at sites where a department-approved remedial action relies on the restriction of site activities and uses to achieve or maintain protection of human health and the environment.(b) An AUR shall: (1) Establish prohibited and accepted site activities and uses to achieve or maintain protection of human health and the environment;(2) Be incorporated either in full or by reference into all deeds, easements, mortgages, leases, licenses, occupancy agreements, or any other instruments conveying an interest in, or a right to use the property, or both;(3) Run with the land so as to be the responsibility of the property owner upon recordation;(4) Provide notice to holders of any interest in the site of the existence and location of contamination subject to the restriction; and(5) Establish a duty to evaluate risks associated with proposed changes in site activities and uses prior to any such change in accepted activities and uses.(c) The property owner shall notify the department in writing within 30 days of a discovery of a violation of any condition of a department-approved AUR recorded pursuant to Env-Or 608.05.(d) Within 60 days of discovery of a violation pursuant to (c), above, a property owner shall submit recommendations to correct the violation to the department for approval, including a corrective action plan and a schedule for implementing the plan. The department shall approve the plan if it determines that the plan, if implemented, will correct the violation.(e) The department shall send a self-certification form to the owner of a lot on which an AUR has been recorded pursuant to this part on a schedule approved in the remedial action for the site.(f) Within 30 days of receipt of the self-certification form, the owner at the time of notice shall: (1) Sign the form to certify that all conditions of the department-approved AUR are being met; and(2) Return the signed form to the department.N.H. Admin. Code § Env-Or 608.01
(See Revision Note at chapter heading for Env-Or 600) #8812, eff 2-1-07
Amended by Volume XXXV Number 23, Filed June 11, 2015 , Proposed by #10831, Effective 6/1/2015, Expires6/1/2025.