What is a Declaration of Environmental Use Restriction (DEUR)?

A Declaration of Environmental Use Restriction (DEUR) is a restrictive covenant designed to:

• Document institutional and engineering controls;
• Allow closure of a site with contamination above residential soil remediation levels; and
• Ensure appropriate future use of the contaminated site.

The purpose of a DEUR is to ensure that current and future property owners are aware of contamination on a site and take appropriate actions to prevent unacceptable exposure to the contamination. A DEUR can include institutional or engineering controls. The DEUR remains in effect and is monitored by ADEQ until the property owner demonstrates that the release of the DEUR is appropriate.

How does the DEUR work?

A DEUR runs with and burdens the land and allows ADEQ to take actions necessary to ensure that engineering or institutional controls are maintained throughout the life of the DEUR.

DEUR statutes also allow ADEQ to collect fees necessary for oversight and potential long term maintenance of a DEUR. The DEUR fee must be submitted to ADEQ at the time the DEUR form is submitted for approval. A DEUR may be applied to a site with soil or groundwater contamination at the discretion of the ADEQ program overseeing the cleanup. Once a DEUR is in place, the property owner is responsible for maintaining the terms of the DEUR and submittal of an annual report to the department demonstrating that the DEUR provisions are being maintained. ADEQ may visit the property and conduct an inspection to ensure compliance with the terms of the DEUR and take appropriate enforcement action if the terms are not being adequately maintained.

How does the DEUR help redevelopment?

Similar to other risk-based closure tools, the DEUR allows a property to be closed with contamination still present. Through the risk evaluation process, a predetermined or site-specific cleanup level can be identified and used to allow closure. The DEUR documents the closure requirements and maintains notice of those requirements for the entire time that contamination is still present at a site. Use of this tool often allows properties to be safely closed in a shorter time frame, and at less expense than a full scale cleanup, allowing the property to be redeveloped, sold or otherwise put to productive use earlier.

DEUR Related Statutes and Rules

Until further laws or rules are established DEUR related activities must meet the requirement of the following:

Arizona Revised Statutes (A.R.S.)

• A.R.S. § 49-151 Definitions
• A.R.S. § 49-152 Soil remediation standards; restrictions on property use
• A.R.S. § 49-152.01 Engineering controls; financial assurance
• A.R.S. § 49-152.02 Enforcement of engineering controls; civil penalty
• A.R.S. § 49-158 Restrictions on property use; enforcement of engineering and institutional controls
• A.R.S. § 49-159 Institutional and engineering control fund; purpose

You may access the Arizona Administrative Code (A.A.C.) for the following information:

Article 6. DEUR Fee

• A.A.C. R18-7-601. Definitions
• A.A.C. R18-7-602. Applicability
• A.A.C. R18-7-603. Fee
• A.A.C. R18-7-604. Fee Calculation
• A.A.C. R18-7-605. Postponement of the Release Portion of the DEUR Fee
• A.A.C. R18-7-606. DEUR Modification Fee

Declaration of Environmental Use Restriction (DEUR)

• Notice of Remediation (A.A.C. R18-7-210)
  • Notice of Intent to Remediate Without Agency Oversight
  • Notice of Remediation Completed Without Agency Oversight
• Amendment to a DEUR
• Properties with Engineering Control
• Properties with Engineering Control and Non-Residental Restricton
• Properties with Institutional Control
• Release of DEUR
• Voluntary Environmental Mitigation Use Restriction (VEMUR)
  • Cancellation of a VEMUR
  • Cancellation (Modification) of a VEMUR
• DEUR Fee Calculation Spreadsheet

Remediation and DEUR Tracking System

ADEQ maintains a repository listing sites remediated under programs administered by the department. Site specific information can be obtained for a particular recorded DEUR or voluntary environmental mitigation use restriction (VEMUR). This database is searchable by place name, county, city, zip code and type.

Statewide DEUR Locations

ADEQ has developed and maintains an interactive Geographical Information System (GIS) tool to provide the public access to environmental data and information, including DEUR locational data.

For more information, please contact us.