§ 27-1425. Change of use.

1. At least sixty days before the start of physical alteration or
construction constituting a change of use at a brownfield site or at
least sixty days before a change of use at such site not involving any
physical alteration or construction, as the case may be, the person or
entity proposing to make a change of use shall provide written
notification to the department.

2. No person shall engage in any activity at a brownfield site that is
not consistent with restrictions placed upon the use of the property, or
that will, or that reasonably is anticipated to: prevent or interfere
significantly with a proposed, ongoing, or completed remedial program;
or expose the public health or the environment to a significantly
increased threat of harm or damage from such site. If the commissioner
determines that a proposed change of use is prohibited pursuant to this
section, he or she shall, within forty-five days after receipt of the
complete notice required by this section, provide the person giving such
notice with a written determination that such change of use will not be
authorized, together with the reasons for such determination.

3. For the purposes of this section:

(a) "change of use" means the transfer of title to all or part of such
brownfield site, the erection of any structure on such site, the
creation of a park or other public or private recreational facility on
such site, or any activity that is likely to disrupt or expose
contamination or to increase direct human exposure; or any other conduct
that will or may tend to significantly interfere with an ongoing or
completed remedial program at such site and the continued ability to
implement the engineering and institutional controls associated with
such site.

(b) "complete notice" means a notice that adequately apprises the
department of the contemplated change of use of such site and how such
change of use may affect the site's proposed, ongoing, or completed
remedial program.