Example Of A Declaration Paragraph Essay
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 …show more content…
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 excavation, demolition or other activities. The {soil} {bituminous concrete} {concrete} {building slab} {permanent structure} which is in the Subject Area, shall not be disturbed in any manner by activities such as demolition, excavation or other intrusive activities. Any pavement, which is necessary to render such soil inaccessible, shall be maintained in good condition.
B.
Demolition. Demolition of buildings {describe permanent structure(s)} within the Subject Area shall not be permitted.
Environmentally Isolated Soil Restriction (existing buildings or permanent structures)
1. Purpose. In accordance with the Decision Document, the purpose of this environmental land use restriction is to assure that water does not infiltrate soils at the Subject Area polluted with substances in concentrations exceeding the pollutant mobility 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. Demolition. Demolition of buildings {describe permanent structure(s)} within the Subject Area shall not be permitted, and soil in the Subject Area shall not be exposed to infiltration of water.
Engineered Control Restriction (direct exposure and pollutant mobility
criteria)
1. Purpose. In accordance with the Decision Document, the purpose of this environmental land use restriction is to assure that the engineered control described in Exhibit D attached hereto is not disturbed and is properly maintained to prevent human exposure 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, and/or that water does not infiltrate soils at the Subject Area polluted with substances in concentrations exceeding the pollutant mobility criteria established in R.C.S.A. 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. The engineered control described in the document attached hereto as Exhibit D, or polluted soil below such engineered control shall not be disturbed in any manner as a result of excavation, demolition, plant root growth, or other activities.
Engineered Control Restriction (direct exposure criteria only)
1. Purpose. In accordance with the Decision Document, the purpose of this environmental land use restriction is to assure that the engineered control described in Exhibit D attached hereto is not disturbed and is properly maintained to prevent human exposure to soils at the Subject Area polluted with substances in concentrations exceeding the direct exposure criteria established 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. The engineered control described in the document attached hereto as Exhibit D, or polluted soil below such engineered control shall not be disturbed in any manner as a result of excavation, demolition, plant root growth, or other activities. Any pavement, which constitutes the engineered control, shall be maintained in good condition.
Building Construction Restriction
1. Purpose. In accordance with the Decision Document, the purpose of this environmental land use restriction is to assure that buildings are not constructed over soils or ground water at the Subject Area polluted with substances in concentrations exceeding the volatilization 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. Construction. Construction of buildings within the Subject Area shall not be permitted.
Groundwater Use Restriction
1. Purpose. In accordance with the Decision Document, the purpose of this environmental land use restriction is to assure that ground water at the Subject Area is not utilized for drinking purposes.
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. Groundwater. Groundwater at the Subject Area shall not be used for drinking or other domestic purposes.
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 …show more content…
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 excavation, demolition or other activities. The {soil} {bituminous concrete} {concrete} {building slab} {permanent structure} which is in the Subject Area, shall not be disturbed in any manner by activities such as demolition, excavation or other intrusive activities. Any pavement, which is necessary to render such soil inaccessible, shall be maintained in good condition.
B.
Demolition. Demolition of buildings {describe permanent structure(s)} within the Subject Area shall not be permitted.
Environmentally Isolated Soil Restriction (existing buildings or permanent structures)
1. Purpose. In accordance with the Decision Document, the purpose of this environmental land use restriction is to assure that water does not infiltrate soils at the Subject Area polluted with substances in concentrations exceeding the pollutant mobility 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. Demolition. Demolition of buildings {describe permanent structure(s)} within the Subject Area shall not be permitted, and soil in the Subject Area shall not be exposed to infiltration of water.
Engineered Control Restriction (direct exposure and pollutant mobility
criteria)
1. Purpose. In accordance with the Decision Document, the purpose of this environmental land use restriction is to assure that the engineered control described in Exhibit D attached hereto is not disturbed and is properly maintained to prevent human exposure 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, and/or that water does not infiltrate soils at the Subject Area polluted with substances in concentrations exceeding the pollutant mobility criteria established in R.C.S.A. 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. The engineered control described in the document attached hereto as Exhibit D, or polluted soil below such engineered control shall not be disturbed in any manner as a result of excavation, demolition, plant root growth, or other activities.
Engineered Control Restriction (direct exposure criteria only)
1. Purpose. In accordance with the Decision Document, the purpose of this environmental land use restriction is to assure that the engineered control described in Exhibit D attached hereto is not disturbed and is properly maintained to prevent human exposure to soils at the Subject Area polluted with substances in concentrations exceeding the direct exposure criteria established 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. The engineered control described in the document attached hereto as Exhibit D, or polluted soil below such engineered control shall not be disturbed in any manner as a result of excavation, demolition, plant root growth, or other activities. Any pavement, which constitutes the engineered control, shall be maintained in good condition.
Building Construction Restriction
1. Purpose. In accordance with the Decision Document, the purpose of this environmental land use restriction is to assure that buildings are not constructed over soils or ground water at the Subject Area polluted with substances in concentrations exceeding the volatilization 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. Construction. Construction of buildings within the Subject Area shall not be permitted.
Groundwater Use Restriction
1. Purpose. In accordance with the Decision Document, the purpose of this environmental land use restriction is to assure that ground water at the Subject Area is not utilized for drinking purposes.
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. Groundwater. Groundwater at the Subject Area shall not be used for drinking or other domestic purposes.