Sec. 22a-118. Application for certificate. Information required. Amendment
or transfer of certificate. Issuance of other permits by Commissioner of Environmental Protection. Notice of application. (a) An application for a certificate shall be
filed with the council, accompanied by a fee established by regulation adopted by the
permanent members of the council, as provided in section 22a-116, containing such
information as the council may deem relevant, including but not limited to the following:
(1) A description, including estimated cost, of the proposed facility; and a description
of the types of wastes to be handled and disposal technology to be used and, if a land
disposal is proposed, an explanation of why no other disposal method is reasonably
available; (2) reasons for choosing the site and the proposed type of hazardous waste
facility selected and a comparison of alternative sites and technologies; (3) a schedule
of dates setting forth the proposed program of acquisition, construction, completion
and operation; (4) environmental site information obtained from the Department of
Environmental Protection review required by subsection (c) of this section including
(A) maps with narrative description of air quality and movement, ground and surface
water conditions, levels, movement and fluctuations, vegetation and wildlife populations and habitat, seismic characteristics and hydrogeologic evaluation of the site, setting
forth data and analysis as the council shall require, including but not limited to, a map
showing the proximity of the proposed site to facilities or properties owned or operated
by a water company as defined in section 25-32a, a map showing the land classification
of the proposed site under the classification established by section 25-37c, and a report
of the impact of the proposed facility on present and future public water supplies and
private wells and (B) design, capacity, operation and management information including
facility efficiencies of tanks and any other containers; surface impoundments, waste
piles, land treatment facilities, land fills, incinerators, thermal, physical, chemical, and
biological treatment units, and injection wells; (5) human population density information for the area of the proposed facility; (6) traffic information including road and
transportation access data and maps; (7) information on present and future development
of the town where the facility is proposed to be located and for the surrounding towns;
(8) a detailed description of provisions, including equipment and operation, for planning
for prevention of hazards, monitoring of ground water quality, mitigation of the effect
of the operation of the facility on public safety and the environment, and contingency
plans and emergency procedures for dealing with facility malfunctions; (9) a listing of
federal, state, regional and municipal agencies from which approvals have been received
and the planned schedule of obtaining those approvals not yet received; (10) incentives
offered and benefits accruing to the municipality in which the proposed facility is to be
located; (11) an assessment of the need for the facility and the amount and types of the
state's annual hazardous waste generation which the applicant proposes to dispose of,
treat, transfer, store or recover at the facility; (12) the energy and resource recovery
benefits, if any, which will be derived from the facility; (13) the plan for facility closure
and postclosure care and liability; (14) a detailed statement of the applicant's financial
capabilities as well as a statement of the applicant's qualifications and previous experience with hazardous waste disposal, including a listing of all hazardous waste disposal
projects or methods with which the applicant has had any connection or affiliation, either
as owner, contractor, supplier, or consultant; and (15) a list of all criminal and civil
charges and enforcement actions, or other proceedings related to hazardous or solid
waste or disposal of such waste in which the applicant or any corporate parent, subsidiary
or affiliate has been involved.
(b) An application for the amendment or transfer of a certificate shall be in such form
and contain such information as the permanent members of the council shall require.
(c) The council shall not accept any application for a certificate for a hazardous
waste facility until the applicant has applied to the Commissioner of Environmental
Protection for all licenses, permits or approvals which are within his jurisdiction and
the commissioner has closed the public hearing on the application for such licenses,
permits, or approvals. The commissioner shall make available to the council the record
of proceedings on the application for environmental licenses, permits or approvals. The
commissioner shall immediately notify the chief elected official of the town where the
facility is proposed to be located of receipt of an application for such licenses, permits
or approvals.
(d) Notwithstanding the provisions of section 4-180, the commissioner shall not
render a final decision approving any environmental licenses, permits or approvals necessary for a hazardous waste facility until the council issues a certificate of public safety
and necessity unless such decision is required by federal law. The commissioner shall
publish in the Connecticut Law Journal a notice of his intent to issue such licenses,
permits or approvals.
(e) Each application to the council shall be accompanied by proof of service of a
copy of such application on the chief elected official and the director of health of each
municipality in which the proposed facility is to be located, the fire marshal, the chairpersons of the conservation commission, inland wetlands agency, planning commission,
police commission and zoning commission of each municipality in which the proposed
facility is to be located, the chairperson of the regional planning agency for the region
in which the proposed facility is to be located, each water company, as defined in section
25-32a, which owns or operates land or facilities located in, or serves any customer who
resides in, the municipality in which the site is located or an area within a five mile
radius of the boundaries of the proposed site, each member of the legislature in whose
district the proposed facility is to be located, each owner of land adjacent to the proposed
facility and each state department, council and commission named in subsection (e)
of section 22a-119. Notice of the application shall be given to the general public by
publication, in ten-point boldface type, of a summary of such application and the date
on which it will be filed in a newspaper of general circulation in each municipality in
which the proposed facility is to be located.
(P.A. 80-472, S. 5, 14; P.A. 81-369, S. 6, 20; P.A. 83-235, S. 4, 6.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended Subsec. (a) by revising
the type of information required on an application to include additional environmental site information and information
on population, transportation, applicant qualification and experience, closure and postclosure plans, and a list of criminal
and civil charges and enforcement actions relating to hazardous waste disposal, amended Subsec. (c) to require the commissioner to make available to the council the record of proceedings for an application for environmental licenses, permits
and approvals for hazardous waste disposal and amended Subsec. (e) to require the applicant provide notice of application
to the fire marshal, water company for municipality where the proposed facility is to be located, agencies listed in Sec.
22a-117, and further required notice to the general public in ten-point boldface type; P.A. 83-235 amended Subsec. (c) to
authorize the council to accept an application for a hazardous waste facility after the commissioner of environmental
protection has closed the hearing on environmental permits for the facility, rather than after publication of intent to issue
approvals and amended Subsec. (d) to require the commissioner to publish a notice of intent to issue permits.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-119. Hearing on application. Appointment of ad hoc members. Notice. Comments by state agencies. (a) Upon receipt by the council of an application
for a certificate, or an application for the amendment or transfer of a certificate, which
meets the requirements of section 22a-118, the council shall immediately notify the
Governor and the chief elected official of the municipality or municipalities in which
the proposed facility is to be located. The ad hoc members of the council shall be appointed within thirty days after the filing of the application. If the chief elected official
does not appoint the members within thirty days, the council shall appoint them within
ten days thereafter. Within sixty days after receipt of the application, the council shall
hold a meeting at which a date and location for the commencement of a public hearing
on the application shall be established, which public hearing shall begin not more than
one hundred eighty days after receipt of such application. At least one session of such
hearing shall be held after six-thirty p.m. for the convenience of the general public. Such
hearing shall be held at a location selected by the council, in the municipality in which
the proposed facility is to be located. If the proposed facility is to be located in more
than one municipality, the council shall fix the location for a public hearing in whichever
municipality it determines is most appropriate, provided the council may hold hearings
in more than one municipality.
(b) The council shall give not less than thirty days notice of the commencement of
the hearing by mailing a notice of the date, time and location of the commencement of
the hearing to the applicant and each person entitled under subsection (e) of section 22a-118 to receive a copy of the application. The council shall also cause a notice of the
date and location of the commencement of the hearing to be published, in ten-point
boldface type, in a newspaper of general circulation in each municipality in which the
proposed facility is to be located at least twenty days prior to the commencement of the
hearing.
(c) Hearings shall be held before a majority of the members of the council.
(d) During any hearing held pursuant to this section, the council shall take notice
of facts in a manner provided by section 4-178.
(e) Prior to commencing any hearing pursuant to this section the council shall consult with and solicit written comments from the Departments of Environmental Protection, Public Health, Public Utility Control, Economic and Community Development,
Public Safety and Transportation, the Office of Policy and Management and the Council
on Environmental Quality. Copies of comments submitted by such agencies shall be
available to all parties prior to commencement of the public hearing. Agencies consulted
may file additional comments within thirty days of the conclusion of the hearing and
such additional comments shall be a part of the record.
(f) The council shall render its decision within twelve months of receipt of the
application except that such time limit may be extended one hundred eighty days by
agreement of the council and applicant. If the council fails to render a decision within
such period, the applicant may apply to the superior court for the judicial district of
Hartford for an order requiring the council to render a decision immediately. The provisions of this subsection shall apply to an application filed before, on or after April
18, 1988.
(P.A. 80-472, S. 6, 14; P.A. 81-369, S. 7, 20; P.A. 84-307, S. 1, 3; P.A. 88-121, S. 2, 3; 88-230, S. 1, 12; 88-364, S. 37,
82, 123; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; P.A. 95-220, S. 4-6; 95-250, S. 1; 95-257, S. 12, 21,
58; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 replaced board and environmental
protection commissioner with council, amended Subsec. (a) to establish time limits for procedures for the appointment of
ad hoc members including a time period within which members must be appointed and increased time limit for hearing
from one hundred twenty to one hundred eighty days after application, added Subsec. (e) requiring the council consult
with and solicit written comments from state agencies on the application and added Subsec. (f) requiring the council to
render its decision within one year of application, except upon mutual agreement of the council and applicant; P.A. 84-307 amended Subsec. (f) by decreasing the time allowed for the council's decision from one year to ten months; P.A. 88-121 amended Subsec. (f) increasing the council's time to render decisions on applications and specifying retroactive
applicability; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective
September 1, 1991; P.A. 88-364 made technical changes in Subsec. (f); P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September
1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-381 replaced department of health services with department
of public health and addiction services, effective July 1, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from
September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 95-250 and P.A. 96-211 replaced Commissioner
and Department of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner
and Department of Public Health, effective July 1, 1995.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-120. Parties to certification proceedings. Limited appearances.
Grouping of parties. Supervision of legal matters for council. (a) The parties to the
certification proceedings shall include: (1) The applicant; (2) each person entitled to
receive a copy of the application under subsection (e) of section 22a-118; and (3) such
other persons as the council may at any time deem appropriate.
(b) Any person may make a limited appearance at a hearing held pursuant to section
22a-119 prior thereto or within thirty days thereafter, entitling such person to file a
statement in writing or to make a brief oral statement at a hearing. All papers and matters
filed and statements made by a person making a limited appearance shall become part
of the record. No person making a limited appearance, and not otherwise entitled to be
a party, shall be a party or shall have the right to cross-examine witnesses or parties or
be subject to cross-examination.
(c) The council in its discretion may provide for the grouping of parties with the
same interests. If such a group does not designate an agent for the service of notice
and documents, then the council shall designate such an agent. Notwithstanding the
provisions of this subsection, any party who has been included in a group may, at any
time by oral or written notice to the council, elect not to be a member of the group to
the extent specified in such notice.
(d) The assistant attorney general or the special assistant attorney general appointed
pursuant to subsection (d) of section 16-50n shall have supervision of legal matters
concerning the council.
(P.A. 80-472, S. 7, 14; P.A. 81-369, S. 8, 20; P.A. 03-19, S. 57.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 added Subsec. (c) authorizing
grouping of parties and added Subsec. (d) naming the assistant attorney general appointed pursuant to Sec. 16-50n to
supervise legal matters for the council; P.A. 03-19 made a technical change in Subsec. (d), effective May 12, 2003.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-121. Record of hearing. Rights of parties. (a) A record shall be made
of the hearing and of all testimony taken and the cross-examination thereon. Every party
or group of parties shall have the right to present such oral or documentary evidence
and to conduct such cross-examination as may be required for a full and true disclosure
of the facts.
(b) A copy of the record shall be available at all reasonable times for examination
by the public without cost at the principal office of the council. A copy of the transcript
shall be filed in the office of the town clerk in each municipality in which the proposed
facility is to be located. A copy of the record may be obtained by any person upon
payment of a fee determined by the permanent members of the council.
(P.A. 80-472, S. 8, 14; P.A. 81-369, S. 9, 20.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended Subsec. (b) to replace
"board" with "council", to require that the council file a copy of the transcript rather than a copy of the record and to
authorize the council to set a fee for a copy of the record.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-122. Decision and opinion. Criteria for decision. Findings and determination. Financial responsibility. Service and publication. Appeal. (a) The council
shall, within the time specified in subsection (f) of section 22a-119, render a decision
upon the record by an affirmative vote of not less than seven council members either
granting or denying the application as filed, or granting it upon such terms, limitations
or conditions as the council may deem appropriate. The council shall file, with its decision, an opinion stating in full the reasons for its decision.
(b) In making its decision, the council shall consider: (1) The impact of the proposed
facility on the municipality and affected geographic area in which it is to be located in
terms of public health, safety and welfare including but not limited to (A) the risk and
impact of accident during transportation of hazardous waste, (B) the risk and impact of
fires or explosions from improper storage or disposal methods, (C) consistency of the
proposed facility with local and regional land use plans and regulations and the state
conservation and development plan in effect at the time the applicant applies to the
Commissioner of Environmental Protection for the environmental licenses, permits, or
approvals necessary to construct and operate the facility, and with existing and proposed
development in the area, (D) the protection of the public from adverse impacts including
but not limited to adverse economic impacts of the facility during its construction and
operation and after its operation life, (E) the risk and impact on public and private
drinking water supplies; (2) the population density in the area of the proposed facility
and its proximity to residential areas; (3) data available under the Superfund Amendments and Reauthorization Act of 1986 concerning permitted and illegal discharges in
the geographical area affected by the proposed facility; (4) the proximity of the proposed
facility to schools; (5) the availability of other sites; and (6) other criteria consistent
with the goal of insuring the maximum safety of the public from potential dangers
associated with the siting and the development and management of construction of
hazardous waste facilities which may be established by regulation adopted by the permanent members of the council in accordance with the provisions of subsection (c) of
section 22a-116. The permanent members of the council shall adopt regulations in accordance with the provisions of said chapter establishing minimum distances between
the active parts of the facility and other land uses.
(c) The council shall not grant a certificate unless it finds and determines: (1) A
public need and the basis of such need for the facility; (2) the nature of the probable
health and environmental impact of the facility including but not limited to those listed
in subsection (b) of this section and consideration of the number of persons affected;
(3) in the case of a proposed land disposal facility, an explanation of why no other
disposal method is more appropriate; (4) every significant single and cumulative adverse
effect on and conflict with state policies on (A) the natural environment, (B) the ecological balance, (C) the public health and safety, (D) scenic, historic and recreational values,
(E) forests and parks, (F) air and water purity, including impact on present and future
sources of water supply, and (5) why such adverse effects or conflicts set forth in subdivision (4) of this subsection are not sufficient for denial of the certificate. Any applicant
who withdraws an application submitted under the federal Resource Conservation and
Recovery Act, this chapter or the regulations adopted pursuant to subsection (c) of
section 22a-449 may not reapply for a certificate for two years from the date of such
withdrawal or denial.
(d) The council shall not grant a certificate unless the following financial responsibility requirements are met: (1) For the period of facility operation, the applicant shall
maintain third party liability insurance for sudden and nonsudden occurrences in an
amount fixed by the council in accordance with the federal Resource Conservation and
Recovery Act, except that the council may require such insurance in an amount more
than that required by said act. Insurance shall be provided by a carrier licensed by the
Insurance Commissioner and who evidences at all times the financial resources necessary for licensure. The council may accept other forms of security allowed by the federal
Resource Conservation and Recovery Act which the council deems equivalent to third
party insurance if such insurance is not reasonably available. Certification of insurance
is to be filed annually by the applicant with the council; (2) for the period of closure,
the applicant shall provide, prior to operation, a surety bond or other security acceptable
to the council in an amount fixed by the council sufficient to pay for the costs of closure.
The amount and form of security shall be fixed by the council in accordance with the
federal Resource Conservation and Recovery Act. A trust fund shall be established, in
accordance with said act, to be financed by yearly payments by the hazardous waste
facility operator. The amount paid into the fund shall be fixed by the council so that at
the time of closure the fund shall be sufficient to pay the costs of closure. The surety
bond or other security may be reduced each year by the amount paid into the trust fund.
Deposits into the trust fund shall be made to the State Treasurer and disbursements
from the fund shall be made upon authorization of the Department of Environmental
Protection; (3) for the period of postclosure, a trust fund shall be established in accordance with the federal Resource Conservation and Recovery Act to pay the costs of
monitoring and maintenance during the postclosure period. The trust fund is to be financed by yearly payments by the hazardous waste facility operator. The amount paid
into the fund yearly shall be fixed by the council so that at the start of the postclosure
period the fund shall be sufficient to pay the costs of monitoring and maintenance of
the facility during the postclosure period. Deposits into the fund shall be made to the
State Treasurer and disbursements from the fund shall be made upon authorization of
the Department of Environmental Protection. In the case of a proposed land disposal
facility, the applicant shall further provide for a fund or other security for liability for
damage during the postclosure period. Deposits into such fund shall be made to the State
Treasurer and disbursements from the fund shall be made upon authorization of the
Department of Environmental Protection. The amount of the fund or other security and
the manner of financing such fund shall be determined by the council based on the type
of facility, the location of the facility and the kind of waste processed by such facility
so that at the beginning of the postclosure period the fund or security shall be sufficient
to cover the anticipated liability for damages. In the case of a proposed nonland disposal
facility, the council may require a trust fund or other security for postclosure liability
for damages. In determining the amount to be paid into such fund, the council shall
consider the provisions of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (P.L. 96-510). To the extent that liability incurred
during the postclosure period is to be paid from funds established in accordance with
said act, the applicant shall not be required to maintain such fund or other security, (4)
the applicant pays the costs, if any, incurred by the state for preparation of an off-site
emergency plan for a worst case accident.
(e) A copy of the opinion, decision and order shall be served upon each party and
a notice of the issuance of the opinion and order shall be published in such newspapers
as will serve substantially to inform the public of the issuance of such. The name and
address of each party shall be set forth in the decision.
(f) In making its decision as to whether or not to issue a certificate, the council shall
in no way be limited by the fact that the applicant may already have acquired land or
an interest therein or any necessary permits, certificates or orders for the purpose of
constructing the facility which is the subject of its application.
(g) Any person aggrieved by a decision of the council or any party may appeal
therefrom in accordance with the provisions of section 4-183.
(P.A. 80-472, S. 9, 14; P.A. 81-369, S. 10, 20; P.A. 82-472, S. 155, 183; P.A. 90-77; P.A. 91-313, S. 3, 5; P.A. 94-205,
S. 6; May 25 Sp. Sess. P.A. 94-1, S. 86, 130.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended Subsec. (b) by adding
to criteria for decisions consistent with the state conservation and development plan, impact of the facility on the economy
and drinking water supplies, population density considerations and by requiring the council adopt regulations establishing
the minimum distance between the facility and other land uses and inserted new Subsecs. (c) and (d) requiring the council
to make findings and determinations requiring the applicant to comply with financial responsibility requirements by providing third party liability insurance, a trust fund to pay closure costs, a trust fund for facility monitoring and maintenance
during postclosure, and paying for an emergency plan, relettering remaining Subsecs. accordingly; P.A. 82-472 amended
Subsec. (b) to provide that the regulations shall be adopted by the council in accordance with the provisions of Sec. 22a-116(c), rather than Ch. 54 of the general statutes; P.A. 90-77 amended Subsec. (b) by adding to criteria for decisions data
available under the Superfund Amendments and Reauthorization Act, the proximity to schools and the availability of other
sites and amended Subsec. (c) requiring a finding and determination regarding health impact and consideration of the
number of persons impacted; P.A. 91-313 amended Subsec. (c) to add an additional requirement that the council find that
the applicant has not been subject to a fine or civil penalty during the pendency of the application and to provide that any
applicant who withdraws an application may not reapply for two years; P.A. 94-205 amended Subsec. (c) to delete provisions
re review of permit applicant's compliance history; May 25 Sp. Sess. 94-1 made a technical change in Subsec. (c) for
accuracy, effective July 1, 1994.
See Sec. 22a-6m re review of permit applicant's compliance history.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-123. Enforcement of certificate requirements and other standards.
Penalties. The commissioner shall insure that each facility for which a certificate has
been issued is constructed, maintained and operated in compliance with such certificate,
and any other standards established pursuant to this chapter, except siting and development and management regulations adopted pursuant to section 22a-116. The facility
operator shall pay yearly to the Department of Environmental Protection a reasonable
sum, determined by the commissioner, to ensure proper oversight and monitoring.
Whenever the commissioner deems it necessary to provide further oversight and monitoring, the person to whom such certificate has been issued shall be charged with and
pay such further expense. The commissioner shall have authority to issue cease and
desist orders according to section 22a-7 and to suspend or revoke any permit issued by
him upon a showing of cause and after a hearing. The council shall have the authority
to issue cease and desist orders and to suspend or revoke any permit issued by it upon
a showing of cause and after a hearing. The courts may grant such restraining orders
and such temporary and permanent injunctive relief as may be necessary to secure compliance with this chapter and with a certificate issued pursuant to this chapter. The courts
may assess civil penalties in an amount not less than one thousand dollars nor more
than ten thousand dollars per day for each day of construction or operation in material
violation of this chapter or of a certificate issued pursuant to this chapter. Civil proceedings to enforce this chapter may be brought by the Attorney General in the superior
court for any judicial district affected by the violation. Any person who knowingly or
wilfully violates any provision of this chapter or any provision of a certificate issued
pursuant to this chapter shall be fined not more than twenty-five thousand dollars per
day for each day of such violation or imprisoned for not more than one year or both.
The remedies and penalties in this section shall be cumulative and shall be in addition
to any other penalties and remedies available at law, or in equity, to any person.
(P.A. 80-472, S. 10, 14; P.A. 81-369, S. 12, 20.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended section to require the
facility operator to pay a reasonable sum for facility oversight and monitoring and further authorized the issuance of cease
and desist orders and permit revocation as a means of enforcement of permits.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-124. Exclusive jurisdiction of council. Municipal regulation of proposed location. Appeal of zoning decision. (a) Notwithstanding any other provision
of the general statutes, the council shall have exclusive jurisdiction over the siting of
facilities subject to the provisions of this chapter. In ruling on applications for certificates
for facilities, the council shall give such consideration to other state laws and municipal
ordinances and regulations as it shall deem appropriate. Whenever the council issues a
certificate of public safety and necessity pursuant to this chapter, such certificate shall
satisfy and be in lieu of all other certificates, licenses, permits or approvals, or other
requirements of state or municipal agencies in regard to any question of public safety
and necessity.
(b) A proposed hazardous waste facility may be regulated and restricted by any
town, city or borough pursuant to chapters 124 and 126 and by any municipality pursuant
to sections 22a-42 and 22a-42a. The applicant shall apply for any permits required by
such agencies at the same time as the filing of the application with the council. Such
local bodies may make all decisions necessary to the exercise of such power to regulate
and restrict, which decisions shall be made within one hundred thirty days of any application notwithstanding any other statute to the contrary and shall be in writing and recorded
in the records of their respective communities, and written notice of any decision shall
be given to each party affected thereby. Each such decision shall be subject to the right
of appeal within thirty days after the giving of such notice by any party aggrieved to
the council, which shall have exclusive jurisdiction, in the course of any proceeding on
an application for a certificate or otherwise, to affirm, modify or revoke such order to
make any decision in substitution thereof by a vote of eight of the members of the
council. Appeal of a local zoning decision to the council shall be in lieu of any other
appeal authorized by the general statutes.
(P.A. 80-472, S. 11, 14; P.A. 81-369, S. 13, 20.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended section to require an
applicant to apply for approval by local agencies concurrently with application to the council and to require that local
decisions be made within one hundred thirty days, rather than thirty days, of the date of application, made changes reflecting
transfer of board's powers and duties to council and specified that appeals to council are in lieu of all other appeals.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-125. Payments to municipalities to be made by operators of hazardous waste disposal facilities. Section 22a-125 is repealed.
(P.A. 80-472, S. 12, 14; P.A. 81-369, S. 19, 20.)
Sec. 22a-126. Use of facility after postclosure period. Disposal Facility Trust
Fund. (a) After the period of postclosure, the commissioner shall determine by a procedure established under the provisions of regulations adopted in accordance with the
provisions of subsection (d) of section 22a-116, if the hazardous waste facility has a
reasonable alternative use. If the commissioner determines that the hazardous waste
facility has a reasonable alternative use, he shall so certify. If the commissioner determines that the hazardous waste facility has no reasonable alternative use, the owner
may transfer ownership of such facility to the state without compensation. After transfer
the hazardous waste facility shall be under the jurisdiction of the commissioner who
shall provide for its monitoring, maintenance and care. All claims for injuries incurred
after transfer of ownership shall be against the state. The state shall not be liable for
injuries incurred prior to the transfer of ownership.
(b) A Disposal Facility Trust Fund shall be established and financed by annual
assessments levied on the owners or operators of all hazardous waste land disposal
facilities and by the owners or operators of hazardous waste nonland disposal facilities
in amounts to be determined by the commissioner. Each owner or operator of an assessed
facility shall pay an amount fixed by the commissioner based on the volume, type, or
weight of hazardous waste processed at such facility. The aggregate paid yearly by all
those assessed shall not be more than one million dollars. The assessment imposed on
any owner or operator of a hazardous waste facility shall be limited to one per cent of
the gross revenues of each facility owned or operated. The method and amount of payment shall be fixed by the commissioner under the provisions of regulations adopted in
accordance with chapter 54. When the fund balance exceeds ten million dollars, upon
determination by the commissioner, no further assessments shall be made. When the
balance of the fund is less than ten million dollars, the commissioner may reinstitute
imposition and collection of the assessment. The fund shall be used for costs incurred
by the Department of Environmental Protection for monitoring and maintenance of any
hazardous waste facility and for any liability of the state pursuant to subsection (a) of
this section. The fund shall also be used to cover any liability incurred during the hazardous waste facility operation, closure and postclosure period not covered by the operator's
financial responsibility requirements under subsection (d) of section 22a-122. The fund
shall be used only if costs are not paid from funds established in accordance with the
provisions of the federal Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (P.L. 96-510). In determining assessments for the Disposal Facility
Trust Fund, the commissioner shall consider assessments levied pursuant to said act
and assessments levied pursuant to this section shall be limited to an amount required
to meet costs not paid from funds established pursuant to said act. Payments from the
fund shall be made by the Treasurer upon authorization of the commissioner.
(P.A. 81-369, S. 11, 20; P.A. 82-472, S. 156, 183.)
History: P.A. 82-472 provided in Subsec. (a) that the regulations be adopted in accordance with Sec. 22a-116(d), rather
than Ch. 54 of the general statutes.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-127. Local project review committee. Technical assistance for review
of application. (a) In each municipality where a hazardous waste facility is proposed
to be located, there may be established a local project review committee consisting of
not less than four and not more than nine members, all but one of whom shall be electors
from the municipality where the facility is proposed to be located. The remaining member shall be an elector from the municipality likely to be most affected by the proposed
facility which municipality shall be named by the council after the receipt of an application for a certificate. The commissioner shall notify the council and the chief elected
official of the municipality where the facility is proposed to be located upon receipt of
an application for licenses, permits or approvals necessary to establish a hazardous waste
facility. The council shall send to the chief elected official a copy of the provisions of
the general statutes for the establishment of a local project review committee along with
a copy of the notification sent by the commissioner. After notification, the chief elected
official may appoint members to such committee. All members shall be appointed by
the chief elected official of the municipality that they represent.
(b) Upon filing of an application with the council, the applicant shall deposit with
the council a sum determined by the council but not exceeding fifty thousand dollars
to be disbursed by the council to the local project review committee for the sole use
of obtaining technical and professional assistance for such committee's review of the
proposed hazardous waste facility. Such assistance may include environmental, scientific, economic, financial and legal assistance.
(P.A. 81-369, S. 15, 20; P.A. 89-146, S. 1.)
History: P.A. 89-146 amended Subsec. (a) to require the commissioner of environmental protection to notify the siting
council of receipt of hazardous waste facility application and to require the siting council to send the chief executive officer
of the municipality in which such facility is proposed a copy of provisions of general statutes re local project review
committees and a copy of notice sent by commissioner and amended Subsec. (b) to authorize use of funds for environmental,
scientific, economic, financial and legal assistance and to increase amount of maximum deposit from thirty thousand to
fifty thousand dollars.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-128. Payments of assessments or negotiated incentives to municipalities by operators of hazardous waste disposal facilities. Reports of negotiations to
council. (a) The owner or operator of a hazardous waste facility or an owner or operator
who modifies an existing hazardous waste facility constructed and operated pursuant
to this chapter shall pay an assessment pursuant to subsection (b) or shall pay the costs
of the incentives negotiated pursuant to subsection (c), provided that the total amount
paid shall not be more than the amount established in subsection (b). The legislative
body of the municipality shall elect between payment of the assessment or the negotiated
incentives prior to the commencement of negotiations. Any costs or assessments for a
modification to a hazardous waste facility shall be based on the volume of waste or the
gross receipts that the council determines are attributable to such modification.
(b) If the legislative body of the municipality chooses to have payments made to
the municipality in accordance with this subsection, within thirty days following the
end of each calendar quarter, the owner or operator of a hazardous waste disposal facility
shall report to the chief elected official of the municipality in which such facility is
located and to the commissioner on a form furnished by said commissioner, the number
of gallons or cubic yards of hazardous waste received by such facility in such calendar
quarter, and the gross receipts of such facility in such calendar quarter. The owner or
operator shall remit to the municipality, with such form (1) payment in an amount equal
to five cents per gallon or three dollars and fifty cents per cubic yard for each gallon or
cubic yard of hazardous waste received in such quarter or (2) payment in an amount
determined in accordance with the following table at the percentage applicable to each
level of quarterly gross receipts, whichever is greater:
| Quarterly Gross Receipts | |
Over | Not
Exceeding | Payment as Per Cent
of Gross Receipts |
| $ 0 | $1,250,000 | 10% |
| 1,250,000 | 2,500,000 | 5% |
| 2,500,000 | | 2 1/2% |
If a hazardous waste disposal facility is located in more than one municipality, such
owner or operator shall report to each such municipality and such payment shall be
made pro rata, based on the number of gallons or cubic yards of hazardous waste disposed
of in each such municipality.
(c) The local project review committee is authorized to negotiate directly with the
applicant concerning incentives for development including but not limited to: (1) Payment to abutting landowners for diminution of property values; (2) purchase of a greenbelt buffer around the proposed facility for safety and aesthetics; (3) development of
open space and recreational facilities for the town; (4) payment for fire equipment which
may be required because of the proposed facility; (5) payment of road repair costs resulting from increased use of local roads caused by the proposed facility; (6) access
routes to the hazardous waste facility; or (7) direct financial payment. Any agreement
reached through such negotiation shall be consistent with the interests and purposes of
this chapter. Negotiations shall not begin until decisions are rendered by local bodies
pursuant to subsection (b) of section 22a-124 and negotiations shall be completed within
sixty days.
(d) The applicant and the committee shall each file a report with the council before
the conclusion of the council's public hearing stating the items of negotiation and points
of agreement and disagreement. After the filing of such reports, the council may meet
with the applicant and the committee to discuss the negotiations and reports. The council
shall be the sole arbitrator of disputes arising from the negotiations. The council shall
consider the negotiations and reports as part of the application. The council's decision
shall state the negotiated items it has accepted and incorporated into any approval and
those negotiated items it has rejected and the reasons therefor.
(P.A. 81-369, S. 16, 20; P.A. 85-131, S. 1.)
History: P.A. 85-131 amended Subsec. (a) by specifying that costs and assessments of a modified facility are limited
to the volume of waste or gross receipts attributable to the modification.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-129. Chief elected official's right of access to facility for inspection
of premises and review of records. Time allowed for response to complaints. The
chief elected official of the municipality where the facility is proposed to be located or
his designee shall have full access to such facility for inspection of premises and for
review of facility records. If, after any inspection, a written complaint is made to the
commissioner, he shall respond within fourteen days. Where the complaint involves an
immediate threat to the public health and safety the commissioner shall respond within
twenty-four hours.
(P.A. 81-369, S. 17, 20; P.A. 87-489, S. 9, 14.)
History: P.A. 87-489 substituted "written" complaint for "formal" complaint.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-130. Regulations. All regulations required by this chapter and sections
16-50j and 16-50v shall be adopted by January 1, 1982. All applications for a permit
for a hazardous waste facility pending before any federal, state or local agency as of
July 1, 1981, shall be deemed applications for a certificate of public safety and necessity
and subject to the provisions of this chapter and sections 16-50j and 16-50v. No application shall be accepted by the council until all regulations required by this chapter and
said sections are adopted.
(P.A. 81-369, S. 18, 20.)
See Sec. 22a-6z re regulations implementing Subtitle C of the Resource Conservation and Recovery Act of 1976.
Cited. 207 C. 706, 711.
Sec. 22a-131. Civil penalty for violation of hazardous waste program. Any person who violates any provision of the state's hazardous waste program shall be assessed
a civil penalty of not more than twenty-five thousand dollars for each day such violation
continues. The Attorney General, upon complaint of the commissioner, shall institute
a civil action to recover such penalty. Any amount recovered shall be deposited in the
General Fund.
(P.A. 81-443, S. 2, 7; P.A. 84-535, S. 3; P.A. 85-390, S. 1; P.A. 87-475, S. 5, 7; P.A. 95-208, S. 6, 13.)
History: P.A. 84-535 added provision requiring amounts recovered to be credited to the emergency spill response fund;
P.A. 85-390 substituted references to assessment of civil penalty for references to imposition of fine; P.A. 87-475 deleted
reference to the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.); P.A. 95-208 amended section
to require that any amount recovered be deposited in General Fund, rather than deposited in General Fund and credited to
Emergency Spill Response Fund, effective July 1, 1995.
Sec. 22a-131a. Penalties. (a) Any person who (1) wilfully fails to prepare a manifest required in accordance with the provisions of the State Hazardous Waste Program
promulgated under subsection (c) of section 22a-449 or any regulation adopted pursuant
to said subsection, (2) knowingly makes any false material statement or representation
on any application, label, manifest, record, report, permit or other document required in
accordance with the provisions of subsection (c) of section 22a-449 or said regulations,
including any such statement or representation for used oil that is regulated under said
subsection, or (3) wilfully fails to maintain or knowingly destroys, alters or conceals
any record required to be maintained in accordance with the provisions of subsection
(c) of section 22a-449 or said regulations, including any record for used oil that is regulated under said subsection, shall be fined not more than fifty thousand dollars for each
day of such violation or imprisoned not more than two years or both. A subsequent
conviction for any such violation shall carry a fine of not more than fifty thousand dollars
per day or imprisonment for not more than five years or both.
(b) Any person who knowingly transports or causes to be transported any hazardous
waste to a facility which does not have a permit required under subsection (c) of section
22a-449 or any regulation adopted pursuant to said subsection, or who knowingly treats,
stores or disposes of any hazardous wastes without a permit required under said subsection or said regulations, or who knowingly violates any material condition or requirement
of such permit or an order issued by the commissioner regarding treatment, storage or
disposal of hazardous waste, shall be fined not more than fifty thousand dollars for each
day of violation or imprisoned not more than five years or both. A subsequent conviction
for any such violation shall carry a fine of not more than one hundred thousand dollars
per day or imprisonment for not more than ten years or both.
(c) Any person who knowingly stores, treats, disposes, recycles, transports or causes
to be transported or otherwise handles any used oil that is regulated under subsection
(c) of section 22a-449 but not identified or listed as hazardous waste in violation of any
condition or requirement of a permit under said subsection or under any regulation
adopted pursuant to said subsection shall be fined not more than fifty thousand dollars
for each day of violation or imprisoned not more than two years or both. A subsequent
conviction for any such violation shall carry a fine of not more than one hundred thousand
dollars per day or imprisonment for not more than five years or both.
(d) Any person, who in the commission of a violation for which a penalty would
be imposed under subsection (a), (b) or (c) of this section, who knowingly places another
by such violation in imminent danger of death or serious bodily injury, shall be fined
not more than two hundred fifty thousand dollars or imprisoned not more than fifteen
years or both, and when the violator is an organization, the fine shall be not more than
one million dollars. This subsection shall not be construed as a limitation on the amount
of fines that may be imposed in accordance with subsection (a), (b) or (c) of this section.
As used in this section, "organization" means any legal entity, other than the state or
any of its political subdivisions, established for any purpose, and includes a corporation,
company, association, firm, partnership, joint stock company, foundation, institution,
trust, society, union or any other association of persons.
(e) Any fine imposed pursuant to this section shall be deposited in the General Fund.
(P.A. 81-443, S. 3, 7; P.A. 84-535, S. 4; P.A. 85-590, S. 1; P.A. 95-208, S. 7, 13; P.A. 00-19, S. 1.)
History: P.A. 84-535 added Subsec. (d) requiring that the fines imposed be credited to the emergency spill response
fund; P.A. 85-590 amended Subsec. (a) to make wilful failure to prepare manifest and wilful failure to maintain records
subject to penalties provided; P.A. 95-208 amended Subsec. (d) to require that any fine imposed pursuant to section be
deposited in General Fund, rather than deposited in General Fund and credited to Emergency Spill Response Fund, effective
July 1, 1995; P.A. 00-19 changed references from federal Resource Conservation and Recovery Act of 1976 to Sec. 22a-449(c) in Subsecs. (a) and (b), added provisions in Subsec. (a) re used oil, added provision in Subsec. (b) re order issued
by the commissioner, increased criminal penalties in Subsecs. (a), (b) and (d), adding new penalty for subsequent convictions
in Subsec. (b), inserted new Subsec. (c) re violations involving regulated used oil, redesignated former Subsecs. (c) and
(d) as Subsecs. (d) and (e), and amended Subsec. (d) by deleting provisions re violation indicating extreme indifference
to human life and adding references to Subsec. (c).
Subsec. (b):
Cited. 207 C. 706-712, 717, 722, 723.
Sec. 22a-132. Hazardous waste assessment. (a) There shall be paid to the Commissioner of Revenue Services by (1) a generator of hazardous waste required to file a
manifest pursuant to the Resource Conservation and Recovery Act of 1976 (42 USC
6901 et seq.), as from time to time amended, and regulations adopted by the Department
of Environmental Protection, (2) a treatment facility required to file a manifest for hazardous wastes resulting from their treatment process and (3) a generator of hazardous
waste shipping hazardous waste to treatment or disposal facilities located in the state,
an assessment of (A) five cents per gallon of metal hydroxide sludge from wastewater
treatment of electroplating or metal finishing operations and six cents per gallon of any
other hazardous waste entered on a manifest in gallons, (B) one-half of one cent per
pound of metal hydroxide sludge from wastewater treatment of electroplating or metal
finishing operations and three-quarters of one cent per pound of any other hazardous
waste entered on a manifest in pounds or (C) ten dollars per cubic yard of metal hydroxide
sludge from wastewater treatment of electroplating or metal finishing operations and
twelve dollars for any other hazardous waste entered on a manifest in cubic yards. The
following shall not be subject to assessment: (i) Any hazardous waste that is recycled,
(ii) any residue resulting from the processing or treatment of a hazardous waste at a
facility approved in accordance with the Resource Conservation and Recovery Act of
1976 (42 USC 6901 et seq.), as from time to time amended, provided such residue is
derived from hazardous waste received at the facility under a manifest, (iii) any hazardous waste for which an assessment was paid during the course of handling and (iv) any
hazardous waste removed or relocated as a result of a project to remediate contaminated
real property. All assessments shall be due and payable to the Commissioner of Revenue
Services quarterly on or before the last day of the month immediately following the
end of each calendar quarter. If the total assessment payable by any such generator or
treatment facility for any calendar quarter is less than five dollars, such generator or
treatment facility shall not be required to pay an assessment for such quarter. The generator or treatment facility shall note reshipment on a manifest in such manner as the commissioner deems necessary. For the purposes of this section, "recycled" means waste
that is processed to recover a usable product or is regenerated or reused. Burning for
heat value shall not be considered recycling.
(b) Each generator or treatment facility of hazardous waste subject to the assessment
as provided by this section shall submit a return to the Commissioner of Revenue Services, on a form prescribed by said commissioner, (1) quarterly, on or before the last
day of the month immediately following the quarter ending on the last day of December,
March, June and September or (2) as may be established by the Commissioner of Revenue Services in regulations adopted by said commissioner in accordance with the provisions of chapter 54. The regulations may authorize returns to be submitted less frequently
than quarterly if the commissioner determines that the enforcement of this section would
not be adversely affected by less frequent filings. Payment of the assessment determined
and payable in accordance with the provisions of subsection (a) of this section shall
accompany the return.
(c) Whenever such assessment is not paid when due, a penalty of ten per cent of
the amount due or fifty dollars, whichever is greater, shall be imposed, and such assessment shall bear interest at the rate of one per cent per month or fraction thereof until
the same is paid. The Commissioner of Revenue Services shall cause copies of a form
prescribed for submitting returns as required under this section to be distributed throughout the state. Failure to receive such form shall not be construed to relieve anyone subject
to assessment under this section from the obligations of submitting a return, together
with payment of such assessment within the time required.
(d) The revenue collected in accordance with this section shall be deposited in the
General Fund. The assessment imposed by this section shall not apply to any Connecticut
state agency or any Connecticut political subdivision or agency thereof.
(e) The imposition and collection of the assessment shall terminate on June 30, 2000.
(f) The provisions of sections 12-548 to 12-554, inclusive, and section 12-555a
shall apply to the provisions of this section in the same manner and with the same force
and effect as if the language of said sections had been incorporated in full into this
section and had expressly referred to the assessment under this section, except to the
extent that any provision is inconsistent with a provision in this section and except that
the term "tax" shall be read as "hazardous waste assessment".
(P.A. 82-320, S. 1, 4; P.A. 83-430, S. 1, 2; 83-432, S. 1, 2; P.A. 84-348; 84-546, S. 70, 173; P.A. 85-131, S. 2; 85-610,
S. 1; P.A. 89-365, S. 4, 9; P.A. 90-165, S. 1, 2; P.A. 91-236, S. 19, 25; 91-372, S. 1, 4; P.A. 92-217, S. 3, 5; P.A. 93-74,
S. 45, 67; 93-324, S. 1, 4; P.A. 94-41, S. 1, 2; May Sp. Sess. P.A. 94-4, S. 28, 85; P.A. 95-26, S. 45, 52; 95-92, S. 1, 2; 95-160, S. 64, 69; 95-208, S. 8, 13; P.A. 96-92; June Sp. Sess. P.A. 01-6, S. 69, 85.)
History: P.A. 83-430 amended Subsec. (a) to require generators shipping waste to Connecticut for treatment or disposal
to pay the assessment, established an assessment amount for hazardous waste measured in pounds and cubic yards and
exempted from payment of the assessment generators reshipping hazardous waste without treatment in the same container;
P.A. 83-432 amended Subsec. (a) by adding provisions concerning the due date for quarterly assessments and replacing
provision exempting generators who would owe twenty-five dollars or less from payment with exemption for those who
would owe five dollars or less, amended Subsec. (b) by adding language re the day on which quarterly returns are due and
amended Subsec. (d) by inserting reference to fiscal year as period to which the expenditure limitation is applicable; P.A.
84-348 amended Subsec. (a) by establishing separate assessment categories for metal hydroxide sludge and other hazardous
wastes and increasing the assessments and subjected treatment facilities required to file a manifest to the assessment; P.A.
84-546 made technical change in Subsec. (a); P.A. 85-131 exempted residue derived from hazardous waste received at
the facility under a manifest from imposition of the assessment; P.A. 85-610 amended Subsec. (d) by authorizing expenditures from the revenue collected for recording hazardous waste manifest data and amended Subsec. (e) by extending the
assessment from December 31, 1985, to June 30, 1990; P.A. 89-365 amended Subsec. (a) to exempt hazardous waste that
is recycled or for which an assessment was paid during the course of handling from composition of the tax and to add
definition of recycling; P.A. 90-165 amended Subsec. (e) by extending the assessment from June 30, 1990, to June 30,
1992; P.A. 91-236 added Subsec. (f) to include administrative, penalty, hearing and appeal provisions, effective July 1,
1991, and applicable to taxes due on or after that date; P.A. 91-372 amended Subsec. (d) to change the amount of the
authorized expenditures which the commissioner may make in the collection of assessments under this section from five
per cent of amount collected to the lesser of ten per cent or three hundred thousand dollars; P.A. 92-217 amended Subsec.
(e) to extend the imposition and collection of the assessment on generators to June 30, 1994; P.A. 93-74 amended Subdiv.
(3) of Subsec. (a) by increasing the assessment on generators of hazardous waste under Subpara. (A) from five to seven
and one-half cents per gallon on metal hydroxide sludge and from six to nine cents per gallon on all other hazardous waste,
under Subpara. (B) to three-quarters of one cent per pound of metal hydroxide sludge and from three-quarters of one cent
to one and one-quarter cents per pound of all other hazardous waste and under Subpara. (C) from ten to fifteen dollars per
cubic yard of metal hydroxide sludge and from twelve to twenty-four dollars for all other hazardous waste, effective July
1, 1993; P.A. 93-324 amended Subsec. (a) to repeal increases in assessment enacted in Sec. 45 of P.A. 93-74, leaving
minor technical changes in effect, effective July 1, 1993; P.A. 94-41 amended Subsec. (b) to revise provisions re quarterly
returns and to add provisions re less frequent filing of assessment returns in accordance with regulations, effective May
19, 1994; May Sp. Sess. P.A. 94-4 in Subsec. (e) extended termination date for assessment from June 30, 1994, to June
30, 1995, effective June 9, 1994; P.A. 95-26 amended Subsec. (c) to lower interest rate from one and one-half to one per
cent and made technical changes, effective July 1, 1995, and applicable to taxes due and owing on or after July 1, 1995,
whether or not those taxes first became due before said date; P.A. 95-92 amended Subsec. (e) to extend the assessment
until June 30, 2001, effective June 5, 1995, but failed to take effect, P.A. 95-208 having taken precedence; P.A. 95-160
changed effective date of May Sp. Sess. P.A. 94-4 but without affecting this section; P.A. 95-208 amended Subsec. (d) to
require that revenue collected in accordance with section be deposited in General Fund, rather than Emergency Spill
Response Fund and deleted provision authorizing commissioner to expend up to ten per cent of such revenue or three
hundred thousand dollars, whichever is less, for expenses related to collection of assessment, and amended Subsec. (e) to
extend termination date for imposition and collection of assessment from June 30, 1995, to June 30, 2000, effective July
1, 1995; P.A. 96-92 amended Subsec. (a) to exempt hazardous waste removed from property remediation projects from
the assessment; June Sp. Sess. P.A. 01-6 amended Subsec. (d) to specify that the assessment shall not apply to Connecticut
state agencies or Connecticut political subdivisions, effective July 1, 2001.
See Sec. 22a-449(c) re adoption of regulations to carry out the intent of Subtitle C of the Resource Conservation and
Recovery Act of 1976 (42 USC 6901 et seq.).
Cited. 211 C. 655, 656, 658, 661. Cited. 215 C. 292, 293, 295-299, 302, 304-306, 308.
Subsec. (a):
Cited. 211 C. 655, 658. Subdiv. (1) cited. Id., 655, 659-662. Subdiv. (2) cited. Id., 655, 659. Subdiv. (3) cited. Id. Cited.
215 C. 292, 303.
Subsec. (d):
Cited. 215 C. 292, 298.
Sec. 22a-132a. Administration expenses. Fees. Staff. Consultants. (a) All expenses of administering this chapter incurred by the Connecticut Siting Council and its
staff and such studies as the council deems necessary to carry out its duties under this
chapter, exclusive of expenses covered by fees established pursuant to section 22a-116,
shall be financed as provided in this section.
(b) Before December thirty-first of each year, the council shall review the anticipated amount of such expenses for the next fiscal year, excluding expenses under subsection (c) of this section, at a public meeting at which interested persons shall be heard.
After an opportunity for public comment at such public meeting, the council shall determine the anticipated amount of such expenses and submit its determination to the joint
standing committee of the General Assembly having cognizance of appropriations and
the budgets of state agencies for its review. The amount of such expenses shall not
exceed sixty thousand dollars. The council shall apportion and assess the anticipated
amount of expenses among generators of hazardous waste in such manner as the council
shall deem appropriate. The council shall deposit all payments received under this subsection with the State Treasurer who shall credit such payments to the Siting Council
Fund established under section 16-50v. Such payments shall be accounted for as expenses recovered from generators of hazardous waste.
(c) The fee for each application for a certificate issued under this chapter shall be
used for the administrative expenses of the council and its staff incurred in processing
such application. If a hearing is held for any such application, the council shall assess
the applicant during the proceeding and thereafter for all expenses of the council in
excess of the fee, including the expenses of any consultant employed by the council
pursuant to the procedures established under provisions of section 22a-116. Expenses
incurred in reviewing the development and management plan of a hazardous waste
facility shall be billed quarterly to the applicant.
(d) The council shall obtain such full-time and part-time staff and consultants as
may be appropriate to carry out its duties under the provisions of this chapter.
(P.A. 85-466, S. 1, 3; P.A. 89-146, S. 2, 3; P.A. 92-232, S. 1, 3; P.A. 96-50; June Sp. Sess. P.A. 01-6, S. 38, 85.)
History: P.A. 89-146 amended Subsec. (b) to require an opportunity for public comment at the meeting conducted on
expenses of the siting council and to eliminate the assessment on hazardous waste facilities; P.A. 92-232 amended Subsec.
(b) re schedule for paying assessments by generators of hazardous waste and re deposit in public utility control fund; P.A.
96-50 replaced reference to "the Consumer Counsel and Public Utility Control Fund established under section 16-48a"
with "the Siting Council Fund established under section 16-50v" in Subsec. (b); June Sp. Sess. P.A. 01-6 amended Subsec.
(b) to transfer responsibility from the Commissioner of Revenue Services to the siting council for assessing hazardous
waste generators for expenses of the council, effective July 1, 2001.
Sec. 22a-133. Payments prohibited if federal funds available. Payments shall
not be made from the fund established by section 22a-451 for costs incurred by the state
pursuant to subdivision (1) of subsection (d) of said section if federal funds are available
for payment of such costs pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC 9601 et seq.), as amended.
(P.A. 82-320, S. 3, 4.)
Sec. 22a-133a. Definitions: Discovery and cleanup of hazardous waste disposal sites. As used in this section, sections 22a-133b to 22a-133k, inclusive, section
22a-448 and subsection (c) of section 22a-449:
(1) "Commissioner" means the Commissioner of Environmental Protection;
(2) "Remedial action" means the discovery and evaluation of hazardous waste disposal sites, the containment or removal of hazardous waste from and mitigation of the
effects of hazardous waste on such sites to the satisfaction of the commissioner, including studies and reports of such sites and financial requirements for postclosure, operations, maintenance and monitoring;
(3) "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC 9601 et seq.), as amended; and
(4) "Final remedial action" means action constituting a permanent remedy at a hazardous waste disposal site consistent with standards adopted by the Commissioner of
Environmental Protection pursuant to section 22a-133k, provided to the extent permanent remedies are not available in a timely manner, temporary remedies taken to achieve
such standards shall be deemed to be final remedial action until permanent remedies
are developed and implemented.
(P.A. 87-561, S. 1, 13; P.A. 89-365, S. 8, 9; P.A. 94-198, S. 2, 13.)
History: P.A. 89-365 added Subdiv. (4) defining "final remedial action"; P.A. 94-198 added a reference to Sec. 22a-133k, effective June 7, 1994.
Sec. 22a-133b. Discovery and evaluation of hazardous waste disposal sites
deemed to pose threat to the environment or public health. The Commissioner of
Environmental Protection shall establish a program for the discovery and evaluation of
hazardous waste disposal sites which he determines pose a threat to the environment or
public health. Such program shall include provisions for the containment and removal
of hazardous wastes and the mitigation of the effects of hazardous wastes on such sites.
(P.A. 87-561, S. 2, 13.)
Sec. 22a-133c. Hazardous waste disposal site inventory. The commissioner
shall maintain a hazardous waste disposal site inventory and provide for a method of
recording the status of sites therein. The inventory shall include all sites listed on the
report entitled "An Inventory of Hazardous Waste Sites in Connecticut and recommendations for Continuing Action", prepared pursuant to section 22a-8a, and any other
site said commissioner determines to be a threat to the environment or public health,
including (1) sites discovered pursuant to sections 22a-134a to 22a-134d, inclusive, and
subsection (d) of section 22a-449, or any other regulatory program administered by the
commissioner, and (2) sites reported to said commissioner pursuant to Subtitle C of The
Resource, Conservation and Recovery Act of 1976 (42 USC 6901 et seq.), as amended,
and CERCLA or by any state, local or federal authority or any other source.
(P.A. 87-561, S. 3, 13.)
Sec. 22a-133d. Site assessments. (a) Any site listed in the report prepared pursuant
to section 22a-8a where remedial action has not been initiated shall be assessed on
or before June 30, 1991. Any other hazardous waste disposal site determined by the
commissioner to pose a threat to the environment or public health shall be assessed
within forty-eight months of such determination.
(b) The commissioner shall establish the priority for assessment of sites on the
inventory developed pursuant to section 22a-133c where remedial action has not been
initiated. In establishing such priority, the commissioner shall consider the quantity and
characteristics of the hazardous waste on the site, the potential threat from the hazardous
waste to the environment or public health and any other factor he deems appropriate.
(c) A site assessment shall include, but not be limited to, the following: (1) Testing
or engineering reports required by the commissioner; (2) determination of ownership
of and the persons or municipality responsible for the disposal site; (3) a score developed
by using the uncontrolled hazardous waste site ranking system found in the Code of
Federal Regulations, Title 40, Section 300, Appendix A, as amended; and (4) a recommended time schedule for remedial action.
(P.A. 87-561, S. 4, 13.)
Sec. 22a-133e. Remedial action. (a) Remedial action for sites on the inventory
that is proceeding in accordance with the provisions of state or federal programs shall
continue in accordance with such programs.
(b) The commissioner shall provide for remedial action for all assessed sites by (1)
referring the site to the United States Environmental Protection Agency pursuant to the
provisions of CERCLA; (2) issuing administrative orders to responsible parties pursuant
to section 22a-6, 22a-428, 22a-432, 22a-433 or 22a-449, or (3) any action deemed necessary by said commissioner.
(c) If the commissioner determines that (1) the remedial action schedule for a site
proposed by the United States Environmental Protection Agency pursuant to CERCLA
is not consistent with the schedule developed in the assessment for such site list, or (2)
the site, based on the site assessment score, is ineligible for CERCLA funding, he may
pursue remedial action for the site from any account established for such purpose and
seek reimbursement for such remedial action.
(P.A. 87-561, S. 5, 13.)
Sec. 22a-133f. Costs of remedial action. Regulations. (a) The costs of remedial
action pursued in accordance with the provisions of section 22a-133e may be paid from
(1) the emergency spill response account established pursuant to section (d) of section
22a-451 or (2) any account authorized under subsection (a) of section 29 of special act
87-77 or subdivision (5) of subsection (e) of section 2 of special act 86-54. The costs
may be paid from such funds and accounts provided the commissioner determines that
the threat to the environment and public health from the site is unacceptable and (A)
the commissioner is unable to determine the responsible party for the disposal or cleanup
of the hazardous waste, (B) the responsible party is not in timely compliance with orders
issued by the commissioner to provide remedial action or (C) the commissioner has not
issued a final decision on an order to a responsible party to provide remedial action
because of (i) a request for a hearing made pursuant to section 22a-436 or sections 4-177 to 4-182, inclusive, or (ii) an order issued pursuant to said section 22a-436 is subject
to an appeal pending before the Superior Court pursuant to section 22a-437 or sections
4-183 and 4-184.
(b) The commissioner shall adopt regulations in accordance with chapter 54, setting
forth priorities for the use of such funds and accounts. In setting such priorities the
commissioner shall consider any factor he deems appropriate, including the score developed pursuant to section 22a-133d.
(P.A. 87-561, S. 6, 13; P.A. 95-208, S. 9, 13.)
History: P.A. 95-208 amended Subsec. (a) to replace reference to Emergency Spill Response Fund with reference to
emergency spill response account, effective July 1, 1995.
Sec. 22a-133g. Reimbursement for costs and expenses of remedial action.
Whenever the commissioner pursues remedial action pursuant to section 22a-133e, he
shall seek reimbursement of the costs and expenses incurred by requesting the Attorney
General to bring a civil action to recover such costs and expenses from the responsible
party. The costs and expenses recovered may include but shall not be limited to (1) the
actual cost of the remedial action; (2) any administrative costs not exceeding ten per
cent of the actual costs; (3) the costs of recovering the reimbursement, and (4) interest
on the actual costs at a rate of ten per cent a year from the date such expenses were paid.
If a hazardous waste disposal site was negligently caused, the responsible party may,
at the discretion of the court, be liable for damages equal to one and one-half times the
costs and expenses incurred.
(P.A. 87-561, S. 7, 13.)
Sec. 22a-133h. Telephone line for hazardous waste disposal site information.
The commissioner shall establish a toll-free telephone line to receive anonymous information from the public leading to the discovery of hazardous waste disposal sites. Any
site identified from such information as a hazardous disposal site which poses a threat
to the environment or public health shall be listed in the inventory prepared pursuant
to section 22a-133c.
(P.A. 87-561, S. 8, 13.)
Sec. 22a-133i. Bonds. The commissioner may provide the state share of payments
of the costs of remedial action pursuant to CERCLA from funds authorized pursuant to
subsection (a) of section 29 of special act 87-77 and subdivision (5) of subsection (e)
of section 2 of special act 86-54.
(P.A. 87-561, S. 9, 13; P.A. 97-124, S. 9, 16.)
History: P.A. 97-124 deleted a five-million-dollar cap on the amount to be paid from certain bond funds for the state
share of payments for costs of remedial action under the Comprehensive Environmental Response, Compensation and
Liability Act, effective June 6, 1997.
Sec. 22a-133j. Annual report. On or before October 1, 1987, and annually thereafter, the commissioner shall submit a report to the joint standing committee of the General
Assembly having cognizance of matters relating to the environment on the activities of
the program authorized pursuant to sections 22a-133a to 22a-133i, inclusive. The report
shall include, but not be limited to, the following: (1) An accounting of funds expended
and remaining in the accounts established for the purpose of said sections; (2) the number
of sites identified as hazardous waste disposal sites which pose a threat to the environment or public health, the number of site assessments made during the previous twelve-month period; (3) the number of sites where remedial action has been initiated; (4) the
number of sites where remedial action has been completed; (5) the anticipated needs
for funding and staff; and (6) any noncompliance with time periods for site assessments
required by subsection (b) of section 22a-133d and the reasons therefor.
(P.A. 87-561, S. 10, 13.)
Sec. 22a-133k. Regulations establishing standards for the remediation of hazardous waste sites and for review and approval of final remedial action reports.
(a) The Commissioner of Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, setting forth standards for the remediation of
environmental pollution at hazardous waste disposal sites and other properties which
have been subject to a spill, as defined in section 22a-452c, which regulations shall fully
protect health, public welfare and the environment. In establishing such standards the
commissioner shall (1) give preference to clean-up methods that are permanent, if feasible, (2) consider any factor he deems appropriate, including, but not limited to, groundwater classification of the site, and (3) provide for standards of remediation less stringent
than those required for residential land use for polluted properties which (A) are located
in areas classified as GB or GC under the standards adopted by the commissioner for
classification of groundwater contamination, (B) were historically industrial or commercial property, and (C) are not subject to an order issued by the commissioner regarding
such spill, consent order or stipulated judgment regarding such spill, provided an environmental use restriction is executed for any such property subsequent to the remedial
action in accordance with the provisions of section 22a-133aa and further provided such
regulations specify the types of industrial or commercial land uses to which any such
property may be put subsequent to such remedial action. Such regulations shall cite
appropriate guidance documents which may be used by a licensed environmental professional in a voluntary site remediation under section 22a-133y.
(b) The commissioner may establish, by regulations adopted in accordance with
the provisions of chapter 54, a program for expediting the review and approval of reports
on final remedial actions concerning sites subject to section 22a-134 or sites which, as
of July 3, 1989, were on the inventory of hazardous waste disposal sites maintained
pursuant to section 22a-133c provided such reports are not submitted pursuant to an
order, consent order or stipulated judgment. The commissioner may retain consultants
as necessary to accomplish such expedited review and may require the payment of a
fee, as provided for in said regulations to cover the reasonable cost of performing the
expedited review and approval of final remediation reports pursuant to this subsection,
including the cost of any consultant retained by the commissioner to perform such work.
(P.A. 89-365, S. 7, 9; P.A. 94-198, S. 3, 13; P.A. 95-190, S. 10, 17; June Sp. Sess. P.A. 98-1, S. 50, 121.)
History: P.A. 94-198 amended Subsec. (a) to provide for differential remediation standards based on future land use
and added new Subsec. (b) re reports on final remedial actions, effective June 7, 1994; P.A. 95-190 amended Subsec. (a)
to specify that remediation standards adopted under this section shall be less stringent for certain commercial and industrial
properties than for residential properties and that the standards shall provide appropriate guidance to licensed environmental
professionals in voluntary site remediations, effective June 29, 1995; June Sp. Sess. P.A. 98-1 made a technical change in
Subsec. (b), effective June 24, 1998.
Sec. 22a-133l. Grants to clean up landfills where hazardous waste was disposed of. (a) The Commissioner of Environmental Protection may establish, within
available appropriations, a program of grants to municipalities and regional refuse disposal districts for the clean up of landfills where wastes were disposed of and later
determined to be hazardous waste as defined in section 22a-115. Any grant made under
this section may be used for costs incurred in the following: (1) Investigation and monitoring of soils and groundwater at or near such landfills, (2) removal of hazardous waste
for disposal at another location, (3) closure of the landfill and (4) compliance with state
or federal hazardous waste regulations.
(b) The Commissioner of Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section.
(P.A. 89-365, S. 3, 9; P.A. 92-162, S. 4, 25.)
History: P.A. 92-162 amended Subsec. (b) to make regulations under this section discretionary rather than mandatory.
Sec. 22a-133m. Urban sites remedial action program. Acquisition of sites. Remediation fund. Urban community sites. (a) An urban sites remedial action program
is established to identify, evaluate, plan for and undertake the remediation of polluted
real property.
(b) The Commissioner of Economic and Community Development, in consultation
with the Commissioner of Environmental Protection, shall establish the priority of sites
for evaluation and remediation based upon the following factors: (1) The estimated cost
of evaluating and remediating the site, if known; (2) the anticipated complexity of an
evaluation of the site; (3) the estimated schedule for completing an evaluation; (4) the
potential economic development benefits of the site to the state of Connecticut; (5)
whether the site would not otherwise be remediated without the assistance of this program; and (6) any other factors which the commissioners deem relevant. No real property
shall be eligible for evaluation or remediation under this section unless the Commissioner of Economic and Community Development finds that the state owns the site or
otherwise has or obtains the power to approve the type of development which first
occurs on the site after remediation. Except for any site proposed for acquisition under
subsection (e) of this section, no real property shall be eligible for evaluation or remediation under this section unless the site is located in a distressed municipality, as defined
in section 32-9p, or a targeted investment community, as defined in section 32-222. For
purposes of this section, "responsible party" means any person, as defined in section
22a-2, who created a source of pollution on the site or an owner of the site during the
investigation or remediation funded pursuant to this section.
(c) The cost of evaluating and remediating sites pursuant to this section shall be
paid from (1) funds authorized pursuant to subsection (a) of section 29 of special act
89-52 and (2) funds authorized for such evaluation or remediation pursuant to any other
public or special act.
(d) Whenever funds are used pursuant to this section for purposes of evaluating or
remediating a polluted site, the Commissioner of Environmental Protection may seek
reimbursement of the costs and expenses incurred by requesting the Attorney General
to bring a civil action to recover such costs and expenses from any party responsible
for such pollution provided no such action shall be brought separately from any action to
recover costs and expenses incurred by the commissioner in pursuing action to contain,
remove or mitigate any pollution on such site. The costs and expenses recovered may
include but shall not be limited to (1) the actual cost of identifying, evaluating, planning
for and undertaking the remediation of the site; (2) any administrative costs not exceeding ten per cent of the actual costs; (3) the costs of recovering the reimbursement,
and (4) interest on the actual costs at a rate of ten per cent a year from the date such
expenses were paid. The defendant in any civil action brought pursuant to this subsection
shall have no cause of action or claim for contribution against any person with whom
the commissioner has entered into a covenant not to sue pursuant to sections 22a-133aa
and 22a-133bb with respect to pollution on or emanating from the property which is the
subject of said civil action.
(e) The Commissioner of Economic and Community Development, in consultation
with the Commissioner of Environmental Protection, or a regional economic development entity using funds allocated under subsection (f) of this section, may acquire polluted commercial or industrial property for the purpose of remediation of the pollution
and for the lease or sale of such property in order to promote business growth or expansion through the reuse or redevelopment of such property. Such acquisition may include,
but not be limited to, condemnation of the property in accordance with the provisions
of chapter 835. For purposes of this subsection, the Commissioner of Economic and
Community Development shall be exempt from all of the requirements of sections 22a-134 to 22a-134e, inclusive, section 4b-3, and section 4b-21. When acquiring polluted
property under this subsection, the Commissioner of Economic and Community Development may accept on behalf of the state of Connecticut the liability, at the time of the
acquisition, for all costs of remediation of the polluted property provided the transferor
shall be liable for all costs in excess of fifteen million dollars and further provided the
commissioner shall not accept any liability under federal law. The Commissioner of
Economic and Community Development may enter into lease, sale, or other agreements
for the use of the real property acquired pursuant to this subsection. All moneys received
by the state pursuant to any such agreement shall be deposited into the Urban Site
Remediation Fund established under subsection (f) of this section.
(f) There is established an Urban Site Remediation Fund. The fund may contain
any moneys required by law to be deposited in the fund and shall be held by the Treasurer
separate and apart from all other moneys, funds and accounts. Any balance remaining
in the fund at the end of any fiscal year shall be carried forward in the fund for the fiscal
year next succeeding. The fund shall be used by the Commissioner of Environmental
Protection for costs incurred in the assessment and remedial activities conducted at real
property acquired pursuant to subsection (e) of this subsection, and by the Commissioner
of Economic and Community Development to pay any local property taxes on real
property acquired pursuant to subsection (e) of this subsection and the costs of administering the program. The Commissioner of Economic and Community Development may
allocate money from the fund to a regional economic development entity organized for
the purpose of remediating contaminated real property.
(g) The Commissioner of Environmental Protection shall conduct an assessment to
evaluate the potential cost of remedial activities of any site proposed for acquisition
under subsection (e) of this section prior to the transfer of the real property to the Commissioner of Economic and Community Development. The Commissioner of Environmental Protection, after transfer of the property to the Commissioner of Economic and
Community Development, shall conduct remedial actions necessary to remediate the
pollution at or on the site and shall certify to the Commissioner of Economic and Community Development that such actions have minimized and mitigated any threat to human health or the environment and have contained, removed or otherwise mitigated the
effects of any pollution in the property. The Commissioner of Environmental Protection
may use funds authorized pursuant to subsection (a) of section 29 of special act 89-52
and funds authorized for such purpose pursuant to any other public or special act for
the purposes of this subsection. The Commissioner of Economic and Community Development shall adopt regulations, in accordance with the provisions of chapter 54, to carry
out the provisions of this subsection and subsections (e) and (f) of this section.
(h) The Commissioner of Environmental Protection and the Commissioner of Economic and Community Development shall jointly identify urban community sites
known to have, or suspected to have, environmental contamination which, if remediated
and developed, will improve the urban environment. The Commissioner of Environmental Protection and the Commissioner of Economic and Community Development shall
jointly establish the priority of such sites for evaluation and remediation based upon the
following factors: (1) The potential benefits of remediation to the environment; (2) the
estimated cost of evaluating and remediating the site, if known; (3) the potential benefits
to the local community of such site; (4) community support for remediation and redevelopment of such site; (5) the commitment from investors or the municipality to redevelop
the site; and (6) any other factors which the commissioners deem relevant. No real
property shall be eligible for evaluation and remediation under this subsection unless
(A) the site is located in a distressed municipality, as defined in section 32-9p, a targeted
investment community, as defined in section 32-222, or an enterprise corridor zone, as
defined in section 32-80, or in such other municipality as the Commissioner of Economic
and Community Development may designate, and (B) the site is not undergoing evaluation or remediation under subsections (a) to (g), inclusive, of this section.
(P.A. 92-235, S. 3, 6; P.A. 93-428, S. 27, 29, 39; P.A. 95-183, S. 10; 95-250, S. 1; 95-334, S. 5, 13; P.A. 96-113, S. 13,
17; 96-166, S. 1, 2; 96-211, S. 1, 5, 6; P.A. 98-253, S. 3; P.A. 99-216, S. 5, 7; P.A. 03-218, S. 3, 4.)
History: P.A. 93-428 authorized the commissioner to proceed with remediation of evaluated sites and deleted provision
which had authorized selection for evaluation of no more than two sites per year and added Subsecs. (e), (f) and (g) re
acquisition of sites and the remediation fund, effective July 1, 1993; P.A. 95-183 amended Subsec. (d) to limit the ability
of defendants in cost recovery actions under this section to bring an action for contribution from parties with whom the
commissioner has entered into a covenant not to sue; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department
of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 95-334
amended Subsec. (b) to exempt sites proposed for acquisition under Subsec. (e) from requirement that all sites under this
section be located in distressed municipalities, effective July 13, 1995; P.A. 96-113 amended Subsec. (d) to include reference
to Secs. 22a-133aa and 22a-133bb, governing covenants not to sue, effective May 24, 1996; P.A. 96-166 amended Subsec.
(b) to make sites located in targeted investment communities eligible for evaluation or remediation, effective July 1, 1996;
P.A. 98-253 added new Subsec. (h) re urban community sites; P.A. 99-216 amended Subsecs. (e) and (f) to authorize
disbursement under the program to regional economic development entities organized to remediate contaminated real
property, effective July 1, 1999; P.A. 03-218 amended Subsec. (a) by deleting "which is deemed vital to the economic
development needs of the state", amended Subsec. (b) by redesignating Subdiv. (5) as Subdiv. (6), adding new Subdiv.
(5) re whether the site would not otherwise be remediated, deleting former Subpara. (B) re determination of the responsible
party, and making conforming changes and amended Subsec. (h) by deleting former Subpara. (A) re determination of the
responsible party, redesignating existing Subparas. (B) and (C) as Subparas. (A) and (B) and making technical changes,
effective July 1, 2003.
Sec. 22a-133n. Environmental land use restrictions: Definitions. For the purposes of sections 22a-133n to 22a-133r, inclusive: "Commissioner" means the Commissioner of Environmental Protection; "person" shall have the same meaning as in section
22a-2; and "environmental use restriction" means a limitation in any instrument executed and recorded as prescribed in section 22a-133o, the purpose of which is to minimize the risk of human exposure to pollutants and hazards to the environment by (1)
preventing the use of specified real property for certain purposes or (2) prohibiting
certain activities on such property.
(P.A. 94-198, S. 4, 13.)
History: P.A. 94-198 effective June 7, 1994.
Sec. 22a-133o. Environmental land use restrictions: Requirements. Subordination agreements. Releases. (a) An owner of land may execute and record an environmental use restriction under sections 22a-133n to 22a-133r, inclusive, on the land records
of the municipality in which such land is located if (1) the commissioner has adopted
standards for the remediation of contaminated land pursuant to section 22a-133k and
adopted regulations pursuant to section 22a-133q, (2) the commissioner, or in the case
of land for which remedial action was supervised under section 22a-133y, a licensed
environmental professional, determines, as evidenced by his signature on such restriction, that it is consistent with the purposes and requirements of sections 22a-133n to
22a-133r, inclusive, and of such standards and regulations, and (3) such restriction will
effectively protect public health and the environment from the hazards of pollution.
(b) No owner of land may record an environmental use restriction on the land records
of the municipality in which such land is located unless he simultaneously records documents which demonstrate that each person holding an interest in such land or any part
thereof, including without limitation each mortgagee, lessee, lienor and encumbrancer,
irrevocably subordinates such interest to the environmental use restriction provided the
commissioner may waive such requirement if he finds that the interest in such land is
so minor as to be unaffected by the environmental land use restriction. An environmental
use restriction shall run with land, shall bind the owner of the land and his successors
and assigns, and shall be enforceable notwithstanding lack of privity of estate or contract
or benefit to particular land.
(c) Within seven days of executing an environmental use restriction and receiving
thereon the signature of the commissioner or licensed environmental professional, as
the case may be, the owner of the land involved therein shall record such restriction
and documents required under subsection (b) of this section on the land records of
the municipality in which such land is located and shall submit to the commissioner a
certificate of title certifying that each interest in such land or any part thereof is irrevocably subordinated to the environmental use restriction in accordance with said subsection (b).
(d) An owner of land with respect to which an environmental use restriction applies
may be released, wholly or in part, from the limitations of such restriction only with the
commissioner's written approval which shall be consistent with the regulations adopted
pursuant to section 22a-133q and shall be recorded on the land records of the municipality in which such land is located provided the commissioner may waive the requirement
to record such release if he finds that the activity which is the subject of such release
does not affect the overall purpose for which the environmental land use restriction was
implemented and does not alter the size of the area subject to the environmental land
use restriction. The commissioner shall not approve any such release unless the owner
demonstrates that he has remediated the land, or such portion thereof as would be affected by the release, in accordance with the standards established pursuant to section
22a-133k.
(e) An environmental use restriction shall survive foreclosure of a mortgage, lien
or other encumbrance.
(P.A. 94-198, S. 5, 13; P.A. 95-169, S. 2; 95-190, S. 12, 17; P.A. 96-113, S. 9, 17; P.A. 97-218, S. 2.)
History: P.A. 94-198 effective June 7, 1994; P.A. 95-169 amended Subsecs. (a) to (d), inclusive, to provide for the
recording of environmental use restrictions on town land records instead of in a registry maintained by the Commissioner
of Environmental Protection; P.A. 95-190 added provisions to allow licensed environmental professionals to sign environmental use restrictions and to provide that such restrictions be recorded on town land records rather than in registry
maintained by commissioner, effective June 29, 1995; P.A. 96-113 amended Subsecs. (b) and (c) to add provisions re
documentation supporting subordination agreements, effective May 24, 1996; P.A. 97-218 amended Subsec. (b) to provide
that the commissioner may waive requirements for documentation of a subordination agreement if he finds that the interest
to be subordinated is so minor as to be unaffected by the land use restriction, and amended Subsec. (d) to allow a waiver
of the recording of a release from the restriction under this section if he finds that the activity which is the subject of the
release does not affect the overall purpose of the restriction and does not alter the size of the area subject to the restriction.
Sec. 22a-133p. Environmental land use restrictions: Enforcement. (a) The Attorney General, at the request of the commissioner, shall institute a civil action in the
superior court for the judicial district of Hartford or for the judicial district wherein the
subject land is located for injunctive or other equitable relief to enforce an environmental
use restriction or to recover a civil penalty pursuant to subsection (e) of this section.
(b) The commissioner may issue orders pursuant to sections 22a-6 and 22a-7 to
enforce an environmental use restriction.
(c) In any administrative or civil proceeding instituted by the commissioner to enforce an environmental use restriction, any other person may intervene as a matter of
right.
(d) In any civil or administrative action to enforce an environmental use restriction,
the owner of the subject land, and any lessee thereof, shall be strictly liable for any
violation of such restriction and shall be jointly and severally liable for abating such
violation.
(e) Any owner of land with respect to which an environmental use restriction applies, and any lessee of such land, who violates any provision of such restriction shall
be assessed a civil penalty under section 22a-438. The penalty provided in this subsection
shall be in addition to any injunctive or other equitable relief.
(P.A. 88-230, S. 1, 2; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 94-198, S. 6, 13; P.A. 95-190, S. 13, 17; 95-220,
S. 4-6.)
History: P.A. 94-198 effective June 7, 1994 (Revisor's note: P.A. 88-230, P.A. 90-98 and P.A. 93-142 authorized
substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and special acts of
the 1994 regular and special sessions, effective September 1, 1996); P.A. 95-190 amended Subsec. (a) to correct an internal
reference, effective June 29, 1995; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to
September 1, 1998, effective July 1, 1995.
Sec. 22a-133q. Environmental land use restrictions: Regulations. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to
carry out the purposes of sections 22a-133n to 22a-133r, inclusive. Such regulations
may include, but not be limited to, provisions regarding the form, contents, filing procedure for, and release from, environmental use restrictions.
(P.A. 94-198, S. 7, 13.)
History: P.A. 94-198 effective June 7, 1994.
Sec. 22a-133r. Environmental land use restrictions: Remediation required in
event restriction is voided by court. In the event that a court of competent jurisdiction
finds for any reason that an environmental use restriction is void or without effect for
any reason, the owner of the subject land, in accordance with a schedule prescribed by
the commissioner, shall promptly abate pollution thereon consistently with standards
adopted under section 22a-133k for remediation of land used for residential or recreational purposes.
(P.A. 94-198, S. 8, 13.)
History: P.A. 94-198 effective June 7, 1994.
Sec. 22a-133s. Environmental land use restrictions: Other powers not affected. Nothing in sections 22a-133n to 22a-133r, inclusive, shall be construed to affect
the commissioner's authority under any other provision of law to abate or prevent pollution or to enforce any statute, requirement, order or permit issued or administered by him.
(P.A. 94-198, S. 9, 13.)
History: P.A. 94-198 effective June 7, 1994.
Sec. 22a-133t. Special Contaminated Property Remediation and Insurance
Fund. There is established and created a fund to be known as the "Special Contaminated
Property Remediation and Insurance Fund". There shall be deposited in the fund: (1)
The proceeds of bonds issued by the state for deposit into said fund and used in accordance with this section; (2) revenues from taxes or fees required to be deposited into the
fund pursuant to law; and (3) interest or other income earned on the investment of
moneys in the fund pending transfer or use pursuant to this section and section 22a-133u. The fund may contain any moneys required by law to be deposited in the fund
and shall be held by the Treasurer separate and apart from all other moneys, funds and
accounts. Investment earnings credited to the assets of said fund shall become part of
the assets of said fund. Any balance remaining in said fund at the end of any fiscal year
shall be carried forward in said fund for the fiscal year next succeeding.
(P.A. 95-190, S. 4, 17; P.A. 96-250, S. 4, 7.)
History: P.A. 95-190, S. 4 effective June 29, 1995; P.A. 96-250 deleted former Subsecs. (a), (c), (d) and (e) containing
provisions authorizing revenue bonds for the fund, effective July 1, 1996.
See section 3 of public act 96-250 re bond authorization for the fund.
Sec. 22a-133u. Uses of Special Contaminated Property Remediation and Insurance Fund. (a) The Commissioner of Environmental Protection may use any funds
in the Special Contaminated Property Remediation and Insurance Fund established in
section 22a-133t other than any funds which are necessary to carry out any other responsibility of said commissioner under this section, for (1) removal or mitigation of a spill,
as defined in section 22a-452c, upon or into land or waters of the state if the owner of
the property associated with such spill is found to be an innocent landowner, as defined
in section 22a-452d, and for administrative costs related to such removal or mitigation
or (2) administrative costs related to the remediation of a property for which a loan was
made under subsection (b) of this section provided not more than five thousand dollars
shall be disbursed from the fund for such purpose. Said commissioner may use any
funds received in connection with the issuance of a covenant not to sue or a settlement
by said commissioner of a claim related to contaminated real property, or any funds
received pursuant to section 22a-16a, for removal or mitigation of a spill, as defined in
section 22a-452c, for which the owner of the property associated with such spill would
be liable except for a covenant not to sue entered into pursuant to sections 22a-133aa
or 22a-133bb and for administrative costs related to such removal or mitigation. Said
commissioner may use any funds received pursuant to section 22a-134e and subsection
(c) of section 22a-133aa, for expenses related to the administration of sections 22a-134
to 22a-134e, inclusive, and for expenses related to administration of sections 22a-133x,
22a-133y, 22a-133aa and 22a-133bb.
(b) The Commissioner of Economic and Community Development, with the approval of the advisory board established in subsection (e) of this section, may use any
funds deposited into the Special Contaminated Property Remediation and Insurance
Fund pursuant to section 12-63f or section 3 of public act 96-250* for (1) loans to
municipalities, individuals or firms for Phase II environmental site assessments, Phase
III investigations of real property or for any costs of demolition, including related lead
and asbestos removal or abatement costs, undertaken to prepare contaminated real property for development subsequent to any Phase III investigation, and (2) expenses related
to administration of this subsection provided such expenses may not exceed one hundred
twenty-five thousand dollars per year.
(c) Any person, firm, corporation or municipality which has received funds under
subsection (b) of this section shall repay such funds to the Commissioner of Economic
and Community Development, according to a schedule and terms which said commissioner deems appropriate. The principal amount of the loan shall be due at a time deemed
appropriate by the commissioner as follows: (1) Upon the sale of the property or lease
of the property, in whole or in part, which is the subject of such evaluation or demolition;
(2) upon the sale or release of a municipality's liens on such property; or (3) upon the
approval by the Commissioner of Environmental Protection of a final remedial action
report submitted in accordance with section 22a-133y. No repayment shall be required,
other than interest for the period that the loan is outstanding, if completion of remediation
of environmental pollution at or on the property, or the sale or lease of such property,
is economically infeasible due to the cost of such remediation. The commissioner may
require partial repayment of the loan only if partial repayment is economically feasible.
Any funds received by said commissioner as repayment under this subsection shall be
deposited into the Special Contaminated Property Remediation and Insurance Fund.
The terms of any loan agreement entered into by said commissioner under said subsection may provide for the collection of interest on the loan which may vary according to
whether the applicant is a municipality or a private entity and the duration of the repayment schedule for such loan provided the interest cost to the borrower provided for in
such agreement shall not exceed the interest cost to the state on borrowings of like terms.
(d) The amount of any funds received under subsection (b) of this section by any
entity other than a municipality shall be a lien against the real property for which the
funds were disbursed. A lien pursuant to this section shall not be effective unless (1) a
certificate of lien is filed in the land records of each town in which the real estate is
located, describing the real estate, the amount of the lien, the name of the owner as
grantor and (2) the Commissioner of Economic and Community Development mails a
copy of the certificate to such persons and to all other persons of record holding an
interest in such real estate over which the commissioner's lien is entitled to priority.
Any action for the foreclosure of such lien shall be brought by the Attorney General in
the name of the state in the superior court for the judicial district in which the property
subject to such lien is situated, or, if such property is located in two or more judicial
districts, in the superior court for any one such judicial district, and the court may limit
the time for redemption or order the sale of such property or make such other or further
decree as it judges equitable.
(e) (1) There is established a Special Contaminated Property Remediation and Insurance Fund Advisory Board to review applications for loans from said fund under this
section. The board shall consist of one member representing a municipality, appointed by
the speaker of the House of Representatives; one member representing a bank, appointed
by the majority leader of the Senate; one member who has experience in the field of
contaminated property remediation, appointed by the majority leader of the House of
Representatives; one member representing a municipality, appointed by the president
pro tempore of the Senate; one member representing a bank, appointed by the minority
leader of the House of Representatives; one member who has experience in the field
of contaminated property remediation, appointed by the Governor; and one member
representing a municipality, appointed by the minority leader of the Senate. The board
shall annually elect one of its members to serve as chairperson.
(2) The Commissioner of Economic and Community Development, in consultation
with said board shall establish criteria for (A) making disbursements under subsection
(b) of this section which criteria shall include, but not be limited to, anticipated commercial value of the property, potential tax revenue to the relevant municipality, environmental or public health risk posed by the spill, potential community or economic development benefit to the relevant municipality, the status of any loans previously made
under said subsection to the municipality and potential for restoration of an abandoned
property, and (B) cancelling loans related to a property at which the borrower of the
loan elects not to proceed with remediation. Such criteria shall further set forth the
procedure for applying for a loan from the fund and the procedure to be used for evaluation of such an application. In approving any loan under said subsection to any person,
firm or corporation, the board may consider the loan applicant's credit history and economic solvency, any plan of such applicant for business development, municipal support
for the proposed use of the property and any existing indebtedness of such applicant to
any entity. Upon application for any such loan, the board shall make a recommendation
to the Commissioner of Economic and Community Development regarding such loan.
On or before February 1, 2003, and annually thereafter, said board and the Commissioner
of Economic and Community Development shall submit a report to the joint standing
committee of the General Assembly having cognizance of matters relating to the environment regarding the number of applications received, and the number and amounts
of loans made in the preceding year, the names of the applicants, the time period between
submission of application and the decision to grant or deny the loan, which applications
were approved and which applications were denied and the reasons for denial. On or
before February 1, 2003, the board shall recommend to the joint standing committee of
the General Assembly whether the payments to the State Treasurer pursuant to section
12-63f are sufficient for the continued solvency of the Special Contaminated Property
Remediation and Insurance Fund and whether such payments should continue.
(P.A. 95-190, S. 6, 17; 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; 96-250, S. 5, 7; P.A. 97-124, S. 13, 16; P.A. 98-134, S. 5;
98-253, S. 14; P.A. 99-216, S. 1; 99-225, S. 15, 33; P.A. 00-171, S. 1, 2; P.A. 01-204, S. 2, 29; June Sp. Sess. P.A. 01-9,
S. 73, 131.)
*Note: Section 3 of public act 96-250 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.
History: P.A. 95-190, S. 6 effective June 29, 1995; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department
of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 96-250
amended Subsec. (a) to add provisions re use of fund for administrative and other costs incurred by commissioner under
this section, amended Subsec. (b) to condition use of the fund by the Commissioner of Economic and Community Development upon approval of the advisory board, to delete a reference to former provisions for revenue bond moneys, to add
provisions re deposit of moneys from other sources and to change provision re administrative allowance from ten per cent
of fund to one hundred twenty-five thousand dollars per year, amended Subsec. (c) to add provision exempting from
repayment of loan properties whose resale or lease is economically infeasible, and amended Subsec. (e) to establish the
advisory board and to provide for its powers and duties, effective July 1, 1996; P.A. 97-124 amended Subsec. (b) to allow
loans under this section for demolition undertaken subsequent to any Phase III investigation and to make technical changes,
effective June 6, 1997; P.A. 98-134 amended Subsec. (b) to allow loans under this section for any Phase III investigation;
P.A. 98-253 deleted reference to Subsec. (c) of Sec. 22a-133bb in Subsec. (a); P.A. 99-216 amended Subsec. (e) to require
the Commissioner of Economic and Community Development to establish criteria for disbursements from the fund and
to require additional information in the report required to be submitted to the General Assembly regarding the fund; P.A.
99-225 amended Subsec. (e) to delay until February 1, 2001, and modify the requirements of, a report by the board to the
General Assembly regarding the solvency of the fund, effective June 29, 1999; P.A. 00-171 amended Subsec. (b) to allow
funds to be used for lead and asbestos removal or abatement costs and amended Subsec. (c) by revising terms of repayment;
P.A. 01-204 amended Subsec. (e)(2) to change the date on which the board must submit report from February 1, 1997, to
February 1, 2003, and to change the date on which the board must submit recommendations from February 1, 2001, to
February 1, 2003, effective July 11, 2001; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without
affecting this section.
Sec. 22a-133v. Licensed environmental professionals. Qualifications. Licensing board. Standard of care. Procedures for licensure. Fee. Examination. (a) As
used in this section: (1) "Environmental professional" means a person who is qualified
by reason of his knowledge, as specified in subsection (e) of this section, to engage in
activities associated with the investigation and remediation of pollution and sources of
pollution including the rendering or offering to render to clients professional services
in connection with the investigation and remediation of pollution and sources of pollution; (2) "pollution" means pollution, as defined in section 22a-423; and (3) "commissioner" means the Commissioner of Environmental Protection or his designated agent.
(b) There shall be within the Department of Environmental Protection a State Board
of Examiners of Environmental Professionals. The board shall consist of eleven members. One member, who shall be the chairman of the board, shall be the Commissioner
of Environmental Protection, or his designee. The Governor shall appoint the other ten
members of the board who shall consist of the following: Six members shall be licensed
environmental professionals or, prior to the publication by the board of the first roster
of licensed environmental professionals, persons on the list maintained by the commissioner pursuant to subsection (h) of this section, including at least two having hydrogeology expertise and two who are licensed professional engineers; two members who are
active members of an organization that promotes the protection of the environment; one
member who is an active member of an organization that promotes business; and one
member who is an employee of a lending institution. The members of the board shall
administer the provisions of this section as to licensure and issuance, reissuance, suspension or revocation of licenses concerning environmental professionals. The Governor
may remove any member of the board for misconduct, incompetence or neglect of duty.
The members of the board shall receive no compensation for their services but shall be
reimbursed for necessary expenses incurred in the performance of their duties. The
board shall keep a true and complete record of all its proceedings.
(c) A licensed environmental professional shall perform his duties in accordance
with the standard of care applicable to professionals engaged in such duties. The commissioner, with advice and assistance from the board, may adopt regulations, in accordance with the provisions of chapter 54, concerning professional ethics and conduct appropriate to establish and maintain a high standard of integrity and dignity in the practice
of an environmental professional and may make rules for the conduct of the board's
affairs and for the examination of applicants for licenses.
(d) The commissioner shall receive and account for all moneys derived under the
provisions of this section and shall deposit such moneys in the Environmental Quality
Fund established pursuant to section 22a-27g. The board shall keep a register of all
applications for licenses with the actions of the board thereon. A roster showing the
names of all licensees shall be prepared each year. A copy of such roster shall be placed
on file with the Secretary of the State.
(e) The board shall authorize the commissioner to issue a license under subsection
(d) of section 22a-133m, sections 22a-184 to 22a-184e, inclusive, this section and section
22a-133w to any person who demonstrates to the satisfaction of the board that such
person: (1) (A) Has for a minimum of eight years engaged in the investigation and
remediation of releases of hazardous waste or petroleum products into soil or groundwater, including a minimum of four years in responsible charge of investigation and
remediation of the release of hazardous waste or petroleum products into soil or groundwater, and holds a bachelor's or advanced degree from an accredited college or university in a related science or related engineering field or is a professional engineer licensed
in accordance with chapter 391, or (B) has for a minimum of fourteen years engaged
in the investigation and remediation of releases of hazardous waste or petroleum products into soil or groundwater, including a minimum of seven years in responsible charge
of investigation and remediation of hazardous waste or petroleum products into soil or
groundwater; (2) has successfully passed a written examination, or a written and oral
examination, prescribed by the board and approved by the commissioner, which shall
test the applicant's knowledge of the physical and environmental sciences applicable
to an investigation of a polluted site and remediation conducted in accordance with
regulations adopted by the commissioner under section 22a-133k and any other applicable guidelines or regulations as may be adopted by the commissioner; and (3) has paid
an examination fee of one hundred eighty-eight dollars to the commissioner.
(f) The board shall authorize the commissioner to issue a license to any applicant
who, in the opinion of the board, has satisfactorily met the requirements of this section.
The issuance of a license by the commissioner shall be evidence that the person named
therein is entitled to all the rights and privileges of a licensed environmental professional
while such license remains unrevoked or unexpired. A licensed environmental professional shall pay to the commissioner an annual fee of three hundred thirty-eight dollars,
due and payable on July first of every year beginning with July first of the calendar year
immediately following the year of license issuance. The commissioner, with the advice
and assistance of the board, may adopt regulations in accordance with the provisions
of chapter 54, pertaining to the design and use of seals by licensees under this section.
(g) The board may conduct investigations concerning the conduct of any licensed
environmental professional. The commissioner may conduct audits of any actions authorized by law to be performed by a licensed environmental professional. The board
shall authorize the commissioner to revoke or suspend the license of any environmental
professional or to deny an application for such licensure if the board, after providing
such professional with notice and an opportunity to be heard concerning such revocation,
suspension or denial, finds that such professional has submitted false or misleading
information to the board or has engaged in professional misconduct including, without
limitation, knowingly or recklessly making a false verification of a remediation under
section 22a-134a, or violating any provision of this section or regulations adopted hereunder.
(h) The board shall hold the first examination pursuant to this section no later than
eighteen months after the date the commissioner adopts regulations pursuant to section
22a-133k, and shall publish the first roster of licensed environmental professionals no
later than six months after the date of such examination. Until such time as the board
publishes the first roster of licensed environmental professionals, any person who (1)
has for a minimum of eight years engaged in the investigation and remediation of releases
of hazardous waste or petroleum products into soil or groundwater, including a minimum
of four years in responsible charge of investigation and remediation of the release of
hazardous waste or petroleum products into soil or groundwater, (2) holds a bachelor's
or advanced degree from an accredited college or university in a related science or related
engineering field or is a professional engineer licensed in accordance with chapter 391,
and (3) pays a registration fee of two hundred twenty-five dollars may apply to the
commissioner to be placed on a list of environmental professionals. Any person on such
list may perform any duties authorized by law to be performed by a licensed environmental professional until such time as the first roster of licensed environmental professionals
is published by the board.
(i) Nothing in this section shall be construed to authorize a licensed environmental
professional to engage in any profession or occupation requiring a license under any
other provisions of the general statutes without such license.
(P.A. 95-183, S. 4; P.A. 96-113, S. 15, 17; 96-180, S. 132, 166; June 30 Sp. Sess. P.A. 03-6, S. 117.)
History: P.A. 96-113 amended Subsec. (h) to change the first examination of licensed environmental professionals
from no later than one year to no later than eighteen months after the date the commissioner adopts regulations, effective
May 24, 1996; P.A. 96-180 amended Subsec. (b) to correct a statutory reference, effective June 3, 1996; June 30 Sp. Sess.
P.A. 03-6 amended Subsec. (e) to increase examination fee from one hundred twenty-five to one hundred eighty-eight
dollars, amended Subsec. (f) to increase annual fee from two hundred twenty-five to three hundred thirty-eight dollars and
to delete provision re specification of fees in regulations and amended Subsec. (h) to increase registration fee from one
hundred fifty to two hundred twenty-five dollars, effective August 20, 2003.
Sec. 22a-133w. Voluntary site remediation in GB and GC areas: Licensed environmental professionals. (a) As used in this section and sections 22a-133u and
22a-133y:
(1) "Phase II environmental site assessment" means an investigation to confirm the
presence or absence of a spill on or at a parcel of real property which investigation may
include sampling of soil or groundwater in accordance with the provisions of the Transfer
Act Site Assessment Guidance Document published by the Department of Environmental Protection, June, 1989, revised November, 1991, or in accordance with comparable
provisions in any regulations adopted by the commissioner under section 22a-133k;
(2) "Phase III investigation" means an investigation to ascertain the extent of a spill
on or at a parcel of real property in accordance with the provisions of the Transfer Act
Site Assessment Guidance Document published by the Department of Environmental
Protection, June, 1989, revised November, 1991, which investigation may include making a reasonable estimate of the cost of remediation of such parcel in accordance with
the regulations adopted by the commissioner under section 22a-133k;
(3) "Phase III remedial action plan" means a written plan prepared subsequent to
a Phase III investigation as provided in said guidance document or such regulations
which plan includes information regarding the feasibility of various alternative remediation strategies and an assessment of the costs of such strategies;
(4) "Spill" has the meaning provided in section 22a-452c; and
(5) "Commissioner" means the Commissioner of Environmental Protection.
(b) The commissioner shall publish along with any list or roster of licensed environmental professionals published pursuant to section 22a-133v a record of any work performed by any licensed environmental professional pursuant to a final remedial action
report prepared pursuant to a voluntary site remediation under section 22a-133y which
is submitted to the commissioner and any action taken by the commissioner with regard
to such work.
(c) Any licensed environmental professional who performs any services pursuant
to section 22a-133y shall act with reasonable care and diligence and shall apply the
knowledge and skill ordinarily required of a professional in good standing practicing
in that field at the time the services are performed.
(d) Any licensed environmental professional who performs any services pursuant to
section 22a-133y shall not have, develop or acquire any business association or financial
interest which is substantial enough to create an impression of influencing his judgment
in connection with the performance of such services. No licensed environmental professional shall offer or render such services under an arrangement whereby no fee will be
charged if a specified finding or result is attained, or where the payment of his fee, or
the amount of the fee, is otherwise dependent upon a specified finding or result of such
services.
(e) Any licensed environmental professional who violates any provision of subsection (c) or (d) of this section shall be assessed a civil penalty of not more than twenty-five thousand dollars. The Attorney General, upon complaint of the State Board of
Examiners of Environmental Professionals or the Commissioner of Environmental Protection, shall institute a civil action to recover such penalty. Any amount recovered shall
be deposited into the Special Contaminated Property Remediation and Insurance Fund
established under section 22a-133t.
(P.A. 95-190, S. 1, 17.)
History: P.A. 95-190, S. 1 effective June 29, 1995.
Sec. 22a-133x. Investigation and remediation of contaminated real property
by owner. Review by commissioner. Fee. (a) Except as provided in section 22a-133y,
a political subdivision of the state, an owner of an establishment, as defined in section
22a-134, an owner of property identified on the inventory of hazardous waste disposal
sites maintained pursuant to section 22a-133c on October 1, 1995, or an owner of contaminated property located in an area for which the groundwater classification is GA
or GAA, may, at any time, submit to the commissioner an environmental condition
assessment form for such real property owned by such political subdivision or such
owner and an initial review fee in accordance with subsection (e) of this section. Within
thirty days of his receipt of such form, the commissioner shall notify the owner, in
writing, as to whether or not review and written approval of any remedial action at such
establishment or property by the commissioner will be required. The commissioner
shall not process any such form submitted pursuant to this section unless such form is
accompanied by the required initial review fee.
(b) If the commissioner notifies the owner that he will not formally review and
approve in writing the investigation and remediation of the parcel, the owner shall, on
or before ninety days of the receipt of such notice, submit a statement of proposed actions
for investigating and remediating the parcel or a release area, as defined in the regulations
adopted by the commissioner pursuant to section 22a-133k, and a schedule for implementing such actions. The commissioner may require the owner to submit to him copies
of technical plans and reports related to investigation and remediation of the parcel or
release area, and may notify the owner if the commissioner determines that the commissioner's review and written approval is necessary. The commissioner shall require that
the certifying party submit to him all technical plans and reports related to the investigation and remediation of the parcel or release area if the commissioner receives a written
request from any person for such information. The owner shall advise the commissioner
of any modifications to the proposed schedule. Upon receipt of a verification by a licensed environmental professional that the parcel or release area has been remediated
in accordance with the remediation standards the owner shall submit a copy of such
verification to the commissioner.
(c) If the commissioner notifies the owner that he will formally review and approve
in writing the investigation and remediation of the parcel, the owner shall, on or before
thirty days of the receipt of such notice, or such later date as may be approved in writing
by the commissioner, submit for the commissioner's review and written approval, a
proposed schedule for: (1) Investigating and remediating the parcel or release area;
and (2) submitting to the commissioner technical plans, technical reports and progress
reports related to such investigation and remediation. Upon the commissioner's approval
of such schedule, the owner shall, in accordance with the approved schedule, submit
technical plans, technical reports and progress reports to the commissioner for his review
and written approval. The owner shall perform all actions identified in the approved
technical plans, technical reports and progress reports in accordance with the approved
schedule. The commissioner may approve, in writing, any modification proposed in
writing by the owner to such schedule or investigation and remediation and may notify
the owner, in writing, if he determines that it is appropriate to discontinue formal review
and approval of the investigation or remediation.
(d) If, in accordance with the provisions of this section, the commissioner has approved in writing or, as applicable, a licensed environmental professional has verified,
that the parcel or release area has been remediated in accordance with the remediation
standards, such approval or verification may be used as the basis for submitting a Form
II pursuant to sections 22a-134 to 22a-134e, inclusive, provided there has been no additional discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste at
or on the parcel subsequent to the date of the commissioner's approval or verification
by a licensed environmental professional.
(e) The fee for submitting an environmental condition assessment form to the commissioner pursuant to this section shall be three thousand dollars and shall be paid at the
time the environmental condition assessment form is submitted. Any fee paid pursuant to
this section shall be deducted from any fee required by subsection (m) or (n) of section
22a-134e for the transfer of any parcel for which an environmental condition assessment
form has been submitted within three years of such transfer.
(f) Nothing in this section shall be construed to affect or impair the voluntary site
remediation process provided for in section 22a-133y.
(g) Prior to commencement of remedial action taken under this section, the municipality or owner shall (1) publish notice of the remediation, in accordance with the schedule submitted pursuant to this section, in a newspaper having a substantial circulation in
the area affected by the establishment, (2) notify the director of health of the municipality
where the parcel is located of the remediation, and (3) either (A) erect and maintain for
at least thirty days in a legible condition a sign not less than six feet by four feet on the
parcel, which sign shall be clearly visible from the public highway, and shall include
the words "ENVIRONMENTAL CLEAN-UP IN PROGRESS AT THIS SITE. FOR
FURTHER INFORMATION CONTACT:" and include a telephone number for an office from which any interested person may obtain additional information about the remediation, or (B) mail notice of the remediation to each owner of record of property on
the last-completed grand list of the municipality where the parcel is located.
(P.A. 95-183, S. 3; P.A. 96-113, S. 7, 17; P.A. 98-134, S. 4; 98-253, S. 13; P.A. 99-225, S. 4, 14, 20; June 30 Sp. Sess.
P.A. 03-6, S. 118.)
History: P.A. 96-113 amended Subsec. (a) to add definition of "municipality", effective May 24, 1996; P.A. 98-134
and P.A. 98-253 both amended Subsec. (a) to allow owners of property in GA and GAA areas to submit an environmental
condition assessment form under this section, and P.A. 98-134 also amended Subsec. (b) to include remediation of entire
release areas in remediation plans under this section; P.A. 99-225 amended Subsec. (a) to allow remediation under this
section of property owned by any political subdivision of the state and to delete definition of "municipality", amended
Subsecs. (c) and (d) to provide for investigation and verification of remediation of specific release areas, effective June
29, 1999, and added a new Subsec. (g) regarding notice of remedial action undertaken pursuant to this section; June 30
Sp. Sess. P.A. 03-6 amended Subsec. (e) to increase fee for submitting environmental condition assessment form from
two thousand to three thousand dollars, effective August 20, 2003.
Sec. 22a-133y. Voluntary site remediation in GB and GC areas: Procedures.
Review by commissioner. Environmental use restrictions. (a) On and after January
1, 1996, any licensed environmental professional licensed by the State Board of Examiners of Environmental Professionals pursuant to section 22a-133v may, pursuant to a
voluntary site remediation conducted in accordance with this section, conduct a Phase
II environmental site assessment or a Phase III investigation, prepare a Phase III remedial
action plan, supervise remediation or submit a final remedial action report to the Commissioner of Environmental Protection in accordance with the standards provided for
remediation in the regulations adopted by the commissioner under section 22a-133k for
any real property which has been subject to a spill and which meets the following criteria:
(1) Such property is located in an area classified as GB or GC under the standards
adopted by the commissioner for classification of groundwater contamination; and (2)
such property is not the subject of any order issued by the commissioner regarding such
spill, consent order or stipulated judgment regarding such spill. Any such professional
employed by a municipality may enter, without liability, upon any property within such
municipality for the purpose of performing an environmental site assessment or investigation if the owner of such property is unknown or such property is encumbered by a
lien for taxes due to such municipality. Nothing in this subsection shall affect the ability
of any person, firm or corporation to provide any of the services enumerated in this
subsection in connection with the remediation of contaminated real property other than
as provided for a voluntary site remediation conducted pursuant to this section.
(b) Following any Phase II environmental site assessment or a Phase III investigation for any such property, any Phase III remedial action plan prepared for purposes of
a voluntary site remediation under this section shall be prepared by a licensed environmental professional in accordance with the standards for such property adopted by the
commissioner under section 22a-133k. Prior to commencement of remedial action taken
pursuant to such plan, the owner of the property shall submit such plan to the commissioner and shall: (1) Publish notice of the remedial action in a newspaper having a
substantial circulation in the town where the property is located; (2) notify the director
of health of the municipality where the parcel is located; and (3) either (A) erect and
maintain for at least thirty days in a legible condition a sign not less than six feet by
four feet on the property, which sign shall be clearly visible from the public highway,
and shall include the words "ENVIRONMENTAL CLEAN-UP IN PROGRESS AT
THIS SITE. FOR FURTHER INFORMATION CONTACT:" and include a telephone
number for an office from which any interested person may obtain additional information about the remedial action; or (B) mail notice of the remedial action to each owner
of record of property which abuts such property, at the address on the last-completed
grand list of the relevant town. The commissioner may review such plan and may advise
such owner as to the adequacy of such plan. The remedial action shall be conducted
under the supervision of a licensed environmental professional. The commissioner shall
expedite the process for issuing any permits required under this title for such action.
The final remedial action report shall be submitted by a licensed environmental professional. In preparing such report, the licensed environmental professional shall render
an opinion, in accordance with the standard of care provided for in subsection (c) of
section 22a-133w, that the action taken to contain, remove or mitigate the spill is in
accordance with the remediation standards for such property adopted by the commissioner under section 22a-133k. The owner of the property shall maintain all records
relating to such remedial action for a period of not less than ten years and shall make
such records available to the commissioner at any time upon his request.
(c) Any final remedial action report submitted to the commissioner for such a property by a licensed environmental professional shall be deemed approved unless, within
sixty days of such submittal, the commissioner determines, in his sole discretion, that
an audit of such remedial action is necessary to assess whether remedial action beyond
that which is indicated in such report is necessary for the protection of human health or
the environment. Such an audit shall be conducted within six months of such determination. After completing such audit, the commissioner may disapprove the report provided
he shall give his reasons therefor in writing and further provided such owner may appeal
such disapproval to the superior court in accordance with the provisions of section 4-183. Prior to approving a final remedial action report, the commissioner may enter into
a memorandum of understanding with the owner of such property with regard to any
further remedial action or monitoring activities on or at such property which the commissioner deems necessary for the protection of human health or the environment.
(d) Upon the approval of such report, the owner of the property shall execute and
record an environmental use restriction in accordance with the provisions of section
22a-133o, unless a licensed environmental professional presents evidence, satisfactory
to the commissioner, that the remediation has achieved a standard sufficient to render
such a restriction unnecessary and the commissioner issues a written finding that such
restriction is not necessary. Approval of a final remedial action report pursuant to this
section shall be sufficient to support the filing of a Form II, as defined in section 22a-134.
(e) Nothing in this section shall relieve any person of any obligation to comply with
sections 22a-134 to 22a-134e, inclusive.
(P.A. 95-190, S. 2, 17; P.A. 96-113, S. 8, 17; P.A. 97-124, S. 14, 16; P.A. 99-225, S. 3.)
History: P.A. 95-190, S. 2 effective June 29, 1995; P.A. 96-113 added Subsec. (e) re obligation to comply with transfer
act, effective May 24, 1996; P.A. 97-124 amended Subsec. (a) to broaden the authority of licensed environmental professionals to enter property without liability for purposes of performing a site assessment or investigation, effective June 6, 1997;
P.A. 99-225 amended Subsec. (b) to require that notice of remedial action be given to the director of health.
Sec. 22a-133z. General permits for contaminated site remediation. The Commissioner of Environmental Protection may issue a general permit, in accordance with
the provisions of the relevant section of the general statutes which authorizes the general
permit, for any activity related to contaminated site remediation which activity the commissioner deems appropriate for a general permit.
(P.A. 95-190, S. 16, 17.)
History: P.A. 95-190, S. 16 effective June 29, 1995.
Sec. 22a-133aa. Covenant not to sue prospective purchasers or owners of contaminated land. Approval of remediation plan by commissioner. Fee. (a) The Commissioner of Environmental Protection may enter into a covenant not to sue with any
prospective purchaser or owner of contaminated real property provided (1) a detailed
written plan for remediation of the property, in accordance with standards adopted by
said commissioner pursuant to section 22a-133k, has been approved by the Commissioner of Environmental Protection which plan shall be incorporated by reference in the
covenant, or (2) the Commissioner of Environmental Protection has approved a final
remedial action report for such property. No such covenant may be entered into unless
such purchaser or owner has demonstrated to the satisfaction of the commissioner that
such purchaser or owner (A) did not establish or create a facility or condition at or on
such property which reasonably can be expected to create a source of pollution to the
waters of the state for purposes of section 22a-432 and has not maintained any such
facility or condition at such property for purposes of said section, and such purchaser
is not responsible pursuant to any other provision of the general statutes for any pollution
or source of pollution on the property; (B) is not affiliated with any person responsible
for such pollution or source of pollution through any direct or indirect familial relationship or any contractual, corporate or financial relationship other than that by which
such purchaser's interest in such property is to be conveyed or financed; and (C) will
redevelop the property for productive use or continue productive use of such property
provided the commissioner determines that the covenant not to sue is in the public
interest. Upon the request of a successor of an original holder of a covenant issued under
this section, the commissioner shall enter into such covenant with such successor if such
successor certifies to the satisfaction of the commissioner that such successor complies
with subparagraphs (A), (B) and (C) of this subsection. The commissioner may enter
into a covenant not to sue with any lending institution to whom a prospective purchaser
of contaminated real property conveys a security interest in such property provided such
institution has demonstrated to the satisfaction of the commissioner that such institution
did not establish or create a facility or condition at or on such property which reasonably
can be expected to create a source of pollution to the waters of the state for purposes of
section 22a-432 and has not maintained any such facility or condition at such property
for purposes of said section, and such institution is not responsible pursuant to any other
provision of the general statutes for any pollution or source of pollution on the property.
Any covenant issued to a lending institution under this section shall be effective with
respect to any lending institution which is a successor in interest to the original lending
institution provided such successor lending institution did not establish or create a facility or condition at or on such property which reasonably can be expected to create a
source of pollution to the waters of the state for purposes of section 22a-432 and has
not maintained any such facility or condition at such property for purposes of said section, and such institution is not responsible pursuant to any other provision of the general
statutes for any pollution or source of pollution on the property.
(b) Any covenant entered into under this section shall release only those claims said
commissioner may have which are related to pollution or contamination on or emanating
from the property, which contamination resulted from a discharge, spillage, uncontrolled
loss, seepage or filtration on such property prior to the effective date of the covenant.
Such covenant shall provide that the commissioner will not take any action against the
holder of the covenant to require remediation of the parcel or any other action against
such holder related to such discharge, spillage, uncontrolled loss, seepage or filtration
unless (1) such property is not remediated in accordance with the detailed written plan
approved by the commissioner and incorporated by reference in such covenant, (2) prior
to completion of remediation in accordance with such plan, the commissioner finds that
there is substantial noncompliance with such plan and there has not been a good faith
effort to substantially comply therewith, (3) remediation of the parcel in accordance
with such plan did not comply with standards adopted by the commissioner pursuant
to section 22a-133k which were in effect as of the effective date of the covenant, or (4)
if required by the standards adopted by the commissioner pursuant to section 22a-133k,
an environmental land use restriction has not been recorded in accordance with section
22a-133o or there has been a failure to comply with the provisions of such a restriction.
(c) Any prospective purchaser or owner receiving a covenant not to sue pursuant
to this section shall pay to the commissioner a fee equal to three per cent of the value
of the property for which the covenant was issued provided such property is appraised
as if it were uncontaminated. Such fee shall be deposited into the Special Contaminated
Property Remediation and Insurance Fund established under section 22a-133t. No such
fee shall be required for a covenant issued to a successor in interest to the original
covenant or for a covenant issued in connection with a remediation project conducted
under section 22a-133m.
(d) A covenant not to sue issued under this section may provide for continued monitoring in accordance with the remediation standards adopted under section 22a-133k,
and, if further remediation is necessary based upon the results of such monitoring, that
further action will be taken to remediate the property in accordance with such standards.
(e) A covenant not to sue issued under this section shall not preclude the commissioner from taking any appropriate action, including, but not limited to, any action to
require remediation of the property, if he determines that the covenant not to sue was
based on information provided by the person seeking the covenant which information
such person knew, or had reason to know, was false or misleading.
(P.A. 96-113, S. 10, 17; P.A. 98-253, S. 4.)
History: P.A. 96-113 effective May 24, 1996; P.A. 98-253 authorized covenants with owners of real property under
this section, required approval by the commissioner of remediation plans prior to approving covenants, and added provision
in Subsec. (b)(4) re failure to comply with restriction provisions.
Sec. 22a-133bb. Covenant not to sue prospective purchasers or owners of contaminated real property. Approval of remediation plan by licensed environmental
professional. (a) The Commissioner of Environmental Protection shall enter into a
covenant not to sue with any prospective purchaser or owner of contaminated real property provided (1) the owner or purchaser certifies that there is a detailed written plan for
remediation of the property, in accordance with standards adopted by said commissioner
pursuant to section 22a-133k, approved by the Commissioner of Environmental Protection, which plan shall be incorporated by reference in the covenant, (2) the Commissioner
of Environmental Protection has approved a final remedial action report for such property and the person requesting a covenant certifies that there has been no discharge after
the date of such approval, (3) a detailed written plan for remediation of the property
in accordance with such regulations has been approved by a licensed environmental
professional, which plan shall be incorporated by reference in the covenant and such
plan shall be implemented pursuant to section 22a-133x, 22a-133y or 22a-134a, (4) a
licensed environmental professional has verified, pursuant to section 22a-133x or 22a-134a, that the property has been remediated in accordance with such standards and the
person requesting a covenant certifies that there has been no discharge after the date of
such approval, or (5) a licensed environmental professional has approved a final remedial
action report pursuant to section 22a-133y and the person requesting a covenant certifies
that there has been no discharge after the date of such approval. No licensed environmental professional shall approve a detailed written plan for remediation or a final remedial
action report unless such professional certifies that the property has been investigated
in a thorough manner and the licensed environmental professional has investigated the
property using reasonable care and diligence applying the knowledge and skill ordinarily
required of a professional in good standing practicing in the field at the time the investigation was undertaken.
(b) No such covenant may be entered into unless such owner or purchaser has certified to the commissioner that such owner or purchaser (1) did not establish or create a
facility or condition at or on such property which reasonably can be expected to create
a source of pollution to the waters of the state for purposes of section 22a-432; (2) is
not affiliated with any person responsible for such pollution or source of pollution
through any direct or indirect familial relationship or any contractual, corporate or financial relationship other than a relationship by which such owner's interest in such property
is to be conveyed or financed; and (3) will redevelop the property for productive use or
continue productive use of such property.
(c) The commissioner shall enter into a covenant not to sue with any lending institution to whom such owner conveys a security interest in such property provided such
institution has certified to the commissioner that such institution did not establish or
create a facility or condition at or on such property which reasonably can be expected
to create a source of pollution to the waters of the state for purposes of section 22a-432
and has not maintained any such facility or condition at such property for purposes of
said section, and such institution is not responsible pursuant to any other provision of
the general statutes for any pollution or source of pollution on the property. Any covenant
issued to a lending institution under this section shall be effective with respect to any
lending institution which is a successor in interest to the original lending institution
provided such successor lending institution did not establish or create a facility or condition at or on such property which reasonably can be expected to create a source of
pollution to the waters of the state for purposes of section 22a-432 and has not maintained
any such facility or condition at such property for purposes of said section, and such
institution is not responsible pursuant to any other provision of the general statutes for
any pollution or source of pollution on the property.
(d) Any covenant entered into under this section shall release claims said commissioner may have which are related to pollution or contamination on or emanating from
the property, which contamination resulted from a discharge, spillage, uncontrolled loss,
seepage or filtration on such property prior to the effective date of the covenant. Such
covenant shall provide that the commissioner will not take any action to require remediation of the parcel or any other action related to such discharge, spillage, uncontrolled
loss, seepage or filtration unless (1) such property is not remediated in accordance with
the detailed written plan submitted to the commissioner and incorporated by reference
in such covenant, (2) prior to completion of remediation in accordance with such plan,
the commissioner finds that there is substantial noncompliance with such plan and there
has not been a good faith effort to substantially comply therewith, (3) remediation of
the property in accordance with such plan did not comply with standards adopted by
the commissioner pursuant to section 22a-133k which were in effect as of the date of
the covenant or (4) if required by the standards adopted by the commissioner pursuant
to section 22a-133k, an environmental use restriction has not been recorded in accordance with section 22a-133o or if the provisions of an environmental land use restriction
were not complied with.
(e) A covenant not to sue issued under this section may provide for continued monitoring in accordance with such standards and, if further remediation is necessary based
upon the results of such monitoring, that further action will be taken to remediate the
property in accordance with such standards.
(f) A covenant not to sue issued under this section shall not preclude the commissioner from taking any appropriate action, including, but not limited to, any action to
require remediation of the property, if he determines that (1) the covenant not to sue
was based on information provided by the person seeking the covenant which information such person knew, or had reason to know, was false or misleading, (2) new information confirms the existence of previously unknown contamination which resulted from
a discharge, spillage, uncontrolled loss, seepage or filtration which occurred prior to
the effective date of the covenant, or (3) the threat to human health or the environment
is increased beyond an acceptable level due to substantial changes in exposure conditions
at such property, including, but not limited to, a change from nonresidential to residential
use of such property.
(g) The commissioner shall issue the covenant not later than forty-five days after
the date he receives the certifications and all other documents required under this section.
(P.A. 96-113, S. 11, 17; P.A. 98-253, S. 5.)
History: P.A. 96-113 effective May 24, 1996; P.A. 98-253 added provisions re approval of remediation plans by licensed
environmental professionals, authorized and added provisions re covenants with prospective purchasers under this section,
designated portions of existing Subsec. (a) as Subsecs. (b) and (c), redesignated existing Subsecs. (b), (d) and (e) as Subsecs.
(d), (e) and (f), deleted former Subsec. (c) re payment of review fee, and added new Subsec. (g) re a time limit for issuance
of the covenant.
Sec. 22a-133cc. Submission of information for covenant not to sue. Any person
seeking a covenant not to sue under sections 22a-133aa and 22-133bb shall submit
to the commissioner sufficient information to allow the commissioner to make any
determination required in said sections.
(P.A. 96-113, S. 12, 17.)
History: P.A. 96-113 effective May 24, 1996.
Sec. 22a-133dd. Entry of licensed environmental professional onto certain
property. Any licensed environmental professional employed or retained by a municipality may enter, without liability, upon any property within such municipality for the
purpose of performing an environmental site assessment or investigation if: (1) The
owner of such property cannot be located; or (2) such property is encumbered by a lien
for taxes due such municipality; or (3) upon a filing of a notice of eminent domain.
(P.A. 98-253, S. 12.)
Sec. 22a-134. Transfer of hazardous waste establishments: Definitions. For the
purposes of this section and sections 22a-134a to 22a-134d, inclusive:
(1) "Transfer of establishment" means any transaction or proceeding through which
an establishment undergoes a change in ownership, but does not mean (A) conveyance
or extinguishment of an easement, (B) conveyance of an establishment through a foreclosure, as defined in subsection (b) of section 22a-452f or foreclosure of a municipal
tax lien, (C) conveyance of a deed in lieu of foreclosure to a lender, as defined in and
that qualifies for the secured lender exemption pursuant to subsection (b) of section 22a-452f, (D) conveyance of a security interest, as defined in subdivision (7) of subsection
(b) of section 22a-452f, (E) termination of a lease and conveyance, assignment or execution of a lease for a period less than ninety-nine years including conveyance, assignment
or execution of a lease with options or similar terms that will extend the period of the
leasehold to ninety-nine years, or from the commencement of the leasehold, ninety-nine
years, including conveyance, assignment or execution of a lease with options or similar
terms that will extend the period of the leasehold to ninety-nine years, or from the
commencement of the leasehold, (F) any change in ownership approved by the Probate
Court, (G) devolution of title to a surviving joint tenant, or to a trustee, executor or
administrator under the terms of a testamentary trust or will, or by intestate succession,
(H) corporate reorganization not substantially affecting the ownership of the establishment, (I) the issuance of stock or other securities of an entity which owns or operates
an establishment, (J) the transfer of stock, securities or other ownership interests representing less than forty per cent of the ownership of the entity that owns or operates the
establishment, (K) any conveyance of an interest in an establishment where the transferor
is the sibling, spouse, child, parent, grandparent, child of a sibling or sibling of a parent
of the transferee, (L) conveyance of an interest in an establishment to a trustee of an
inter vivos trust created by the transferor solely for the benefit of one or more sibling,
spouse, child, parent, grandchild, child of a sibling or sibling of a parent of the transferor,
(M) any conveyance of a portion of a parcel upon which portion no establishment is or
has been located and upon which there has not occurred a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste, provided either the area of such
portion is not greater than fifty per cent of the area of such parcel or written notice of
such proposed conveyance and an environmental condition assessment form for such
parcel is provided to the commissioner sixty days prior to such conveyance, (N) conveyance of a service station, as defined in subdivision (5) of this section, (O) any conveyance
of an establishment which, prior to July 1, 1997, had been developed solely for residential
use and such use has not changed, (P) any conveyance of an establishment to any entity
created or operating under chapter 130 or 132, or to an urban rehabilitation agency, as
defined in section 8-292, or to a municipality under section 32-224, or to the Connecticut
Development Authority or any subsidiary of the authority, (Q) any conveyance of a
parcel in connection with the acquisition of properties to effectuate the development of
the overall project, as defined in section 32-651, (R) the conversion of a general or
limited partnership to a limited liability company under section 34-199, (S) the transfer
of general partnership property held in the names of all of its general partners to a general
partnership which includes as general partners immediately after the transfer all of the
same persons as were general partners immediately prior to the transfer, (T) the transfer
of general partnership property held in the names of all of its general partners to a limited
liability company which includes as members immediately after the transfer all of the
same persons as were general partners immediately prior to the transfer, or (U) acquisition of an establishment by any governmental or quasi-governmental condemning authority;
(2) "Commissioner" means the Commissioner of Environmental Protection or the
designated agent of the commissioner;
(3) "Establishment" means any real property at which or any business operation
from which (A) on or after November 19, 1980, there was generated, except as the
result of remediation of polluted soil, groundwater or sediment, more than one hundred
kilograms of hazardous waste in any one month, (B) hazardous waste generated at a
different location was recycled, reclaimed, reused, stored, handled, treated, transported
or disposed of, (C) the process of dry cleaning was conducted on or after May 1, 1967,
(D) furniture stripping was conducted on or after May 1, 1967, or (E) a vehicle body
repair facility was located on or after May 1, 1967;
(4) "Hazardous waste" means any waste which is (A) hazardous waste identified
in accordance with Section 3001 of the federal Resource Conservation and Recovery
Act of 1976, 42 USC 6901 et seq., (B) hazardous waste identified by regulations adopted
by the Commissioner of Environmental Protection, or (C) polychlorinated biphenyls in
concentrations greater than fifty parts per million except that sewage, sewage sludge
and lead paint abatement wastes shall not be considered to be hazardous waste for the
purposes of this section and sections 22a-134a to 22a-134d, inclusive;
(5) "Service station" means a retail operation involving the resale of motor vehicle
fuel including, but not limited to, gasoline, diesel fuel and kerosene and which operation
does not otherwise meet the definition of an establishment;
(6) "Certifying party" means, in the case of a Form III or Form IV, a person associated with the transfer of an establishment who signs a Form III or Form IV and who
agrees to investigate the parcel in accordance with prevailing standards and guidelines
and to remediate pollution caused by any release at the establishment in accordance
with the remediation standards and, in the case of a Form I or Form II, a transferor of
an establishment who signs the certification on a Form I or II;
(7) "Party associated with the transfer of an establishment" means (A) the present
or past owner or operator of the establishment, (B) the owner of the real property on
which the establishment is located, (C) the transferor, transferee, lender, guarantor or
indemnitor, (D) the business entity which operates or operated the establishment, or (E)
the state;
(8) "Remediation standards" means regulations adopted by the commissioner pursuant to section 22a-133k;
(9) "Parcel" means piece, parcel or tract of land which constitutes an establishment,
as defined in subdivision (3) of this section, or on which is or was located any business
operation which constitutes an establishment;
(10) "Form I" means a written certification by the transferor of an establishment
on a form prescribed and provided by the commissioner that: (A) No discharge, spillage,
uncontrolled loss, seepage or filtration of hazardous waste or a hazardous substance has
occurred at the establishment which certification is based on an investigation of the
parcel in accordance with prevailing standards and guidelines, or (B) no discharge spillage, uncontrolled loss, seepage or filtration of hazardous waste has occurred at the establishment based upon an investigation of the parcel in accordance with the prevailing
standards and guidelines and the commissioner has determined, in writing, or a licensed
environmental professional has verified that any discharge, spillage, uncontrolled loss,
seepage or filtration of a hazardous substance has been remediated in accordance with
the remediation standards;
(11) "Form II" means a written certification by the transferor of an establishment
on a form prescribed and provided by the commissioner that the parcel has been investigated in accordance with prevailing standards and guidelines and that (A) any pollution
caused by a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous
waste or a hazardous substance which has occurred from the establishment has been
remediated in accordance with the remediation standards and that the remediation has
been approved in writing by the commissioner or has been verified pursuant to section
22a-133x or section 22a-134a in writing attached to such form by a licensed environmental professional to have been performed in accordance with the remediation standards,
(B) the commissioner has determined in writing or a licensed environmental professional
has verified pursuant to section 22a-133x or section 22a-134a in writing attached to
the form that no remediation is necessary to achieve compliance with the remediation
standards, or (C) a Form IV verification was previously submitted to the commissioner
and, since the date of the submission of the Form IV, no discharge, spillage, uncontrolled
loss, seepage or filtration of hazardous waste or a hazardous substance has occurred
at the establishment, which certification is based on an investigation of the parcel in
accordance with prevailing standards and guidelines;
(12) "Form III" means a written certification signed by a certifying party on a form
prescribed and provided by the commissioner, which certification states that (A) a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste or a hazardous substance has occurred at the establishment or the environmental conditions at the
establishment are unknown, and (B) that the person signing the certification agrees to
investigate the parcel in accordance with prevailing standards and guidelines and to
remediate pollution caused by any release of a hazardous waste or hazardous substance
from the establishment in accordance with the remediation standards;
(13) "Form IV" means a written certification signed by one or more certifying parties on a form prescribed and provided by the commissioner and which is accompanied
by a written determination by the commissioner or by a verification by a licensed environmental professional pursuant to section 22a-134a or 22a-133x, which certification
states and is accompanied by documentation demonstrating that the parcel has been
investigated in accordance with prevailing standards and guidelines and that (A) there
has been a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste
or a hazardous substance on the establishment, and (B) all actions to remediate any
pollution caused by any release at the establishment have been taken in accordance
with the remediation standards except postremediation monitoring, natural attenuation
monitoring or the recording of an environmental land use restriction, and (C) the person
or persons signing the certification agree, in accordance with the representations made
in the form, to conduct postremediation monitoring or natural attenuation monitoring
in accordance with the remediation standards and if further investigation and remediation are necessary to take further action to investigate the establishment in accordance
with prevailing standards and guidelines and to remediate the establishment in accordance with the remediation standards;
(14) "Person" means person, as defined in section 22a-2;
(15) "Remediate" means to contain, remove or abate pollution, potential sources
of pollution and substances in soil or sediment which pose an unacceptable risk to human
health or the environment and includes, but is not limited to, the reduction of pollution
by natural attenuation;
(16) "Licensed environmental professional" means an environmental professional
licensed pursuant to section 22a-133v;
(17) "Environmental condition assessment form" means a form prescribed and provided by the commissioner, prepared under the supervision of a licensed environmental
professional, and executed by (A) the certifying party under sections 22a-134 to 22a-134e, inclusive, or (B) the owner of the property under section 22a-133x which form
describes the environmental conditions at the parcel;
(18) "Pollution" means pollution, as defined in section 22a-423;
(19) "Verification" means the rendering of a written opinion by a licensed environmental professional that an investigation of the parcel has been performed in accordance
with prevailing standards and guidelines and that the establishment has been remediated
in accordance with the remediation standards;
(20) "Vehicle" means any motorized device for conveying persons or objects except
for an aircraft, boat, railroad car or engine, or farm tractor;
(21) "Business operation" means any business that has, or any series of substantially
similar businesses that have, operated continuously or with only brief interruption on
the same parcel, either with a single owner or successive owners;
(22) "Corporate reorganization not substantially affecting the ownership of an establishment" means implementation of a business plan to restructure a corporation
through a merger, spin-off or other plan or reorganization under which the direct owner
of the establishment does not change;
(23) "Form IV verification" means the rendering of a written opinion by a licensed
environmental professional, after a Form IV has been filed, that postremediation monitoring, natural attenuation or the recording of an environmental land use restriction has
been completed in accordance with the Form IV;
(24) "Hazardous substance" means hazardous substance, as defined in Section 101
of the Comprehensive Environmental Response, Compensation, and Liability Act of
1980, 42 USC 9601, or a petroleum product or by-product for which there are remediation standards adopted pursuant to section 22a-133k or for which such remediation
standards have a process for calculating the numeric criteria of such substance;
(25) "Sediment" means unconsolidated material occurring in a stream, pond, wetland estuary or other water body.
(P.A. 85-568, S. 2; P.A. 87-475, S. 1; P.A. 95-183, S. 1; P.A. 96-113, S. 1, 17; P.A. 97-218, S. 1; P.A. 98-253, S. 2;
Dec. Sp. Sess. P.A. 98-1, S. 35, 43; P.A. 99-225, S. 6; 99-241, S. 56, 66; P.A. 00-140, S. 24, 40; P.A. 01-204, S. 15; June
Sp. Sess. P.A. 01-9, S. 73, 131; P.A. 03-19, S. 58-61; 03-218, S. 5, 6.)
History: P.A. 87-475 redefined "establishment" to apply to those operating on or after May 1, 1967, and to include dry
cleaning, furniture stripping, painting and auto body operations and added definitions of "service stations" and "transfer
of a service station"; P.A. 95-183 amended Subdiv. (1) to add Subparas. (A) to (M), inclusive, re exclusions from the
definition of "transfer of establishment"; amended Subdiv. (3) to redefine "establishment" to mean any real property or
business operation from which on and after November 1, 1980, there was generated, except as the result of remediation
activities, more than one hundred kilograms of hazardous waste in any one month and to make other grammatical adjustments for consistency; amended Subdiv. (4) to redefine "hazardous waste" to include waste identified in accordance with
the federal Resource Conservation and Recovery Act or by the commissioner in regulations and polychlorinated biphenyls
in concentrations greater than fifty parts per million and to exclude lead paint abatement wastes; deleted former Subdiv.
(5) defining "negative declaration" and renumbered the remaining Subdivs. accordingly; amended the renumbered Subdiv.
(5) to specify that "service station" means a retail operation which does not otherwise meet the definition of "establishment";
amended the renumbered Subdiv. (6) to add Subparas. (A) to (M), inclusive, re exclusions from the definition of "transfer
of a service station"; and added new Subdivs. (7) to (20), inclusive, providing definitions for "certifying party", "party
associated with the transfer of an establishment", "remediation standards", "parcel", "Form I", "Form II", "Form III",
"Form IV", "person", "remediate", "licensed environmental professional", "environmental condition assessment form",
"pollution", and "verification"; P.A. 96-113 redefined "transfer of establishment" to add provision re providing environmental condition assessment form to commissioner for conveyance of certain portions of parcels and to exclude conveyances of service stations, redefined "establishment" to make technical clarifications, deleted a definition of "transfer of a
service station", redefined "party" to explicitly include former operators of establishments and the state, redefined "Form II"
to add provision re determination that no remediation is necessary, redefined "Form IV" to add provision re accompanying
documentation and added the definition of "vehicle", renumbering Subdivs. as necessary, effective May 24, 1996; P.A.
97-218 redefined "transfer of establishment" in Subdiv. (1) to exclude conveyances of parcels developed solely for residential use prior to July 1, 1997, where such use has not changed; amended Subpara. (B) of Subdiv. (3) to provide that in that
category of "establishment", the waste is generated at a different location; redefined "certifying party" in Subdiv. (6) to
specify that investigation of parcel be in accordance with prevailing standards and guidelines and that remediation be in
accordance with the remediation standards; redefined "form I" in Subdiv. (10) to clarify that declaration is based on an
investigation of the property in accordance with the prevailing standards and guidelines; redefined "form II" in Subdiv.
(11) to provide that remediation of the parcel is in accordance with the remediation standards; redefined "form III" in
Subdiv. (12) to provide that the investigation is in accordance with prevailing standards and guidelines; and redefined
"form IV" in Subdiv. (13) to provide that the certification be accompanied by a determination by the commissioner or a
licensed environmental professional under Secs. 22a-134a or 22a-133x and that the investigation is in accordance with
prevailing standards and guidelines; P.A. 98-253 amended Subdiv. (l) to add new Subpara. (P) excluding from the definition
of "transfer of establishment" conveyances to certain state or municipal agencies; Dec. Sp. Sess. P.A. 98-1 amended Subdiv.
(1) to add new Subpara. (Q) re conveyance to a limited liability company established to assemble properties to effectuate
the purposes of the Patriots Stadium Enabling Act, effective January 12, 1999; P.A. 99-225 amended Subdiv. (1) to delete
Subpara. (Q) re conveyance of parcel to limited liability company established to assemble properties to effectuate the
purposes of the Patriots Stadium Enabling Act and to add new Subparas. (Q), (R) and (S) regarding exemptions for certain
transactions involving certain partnership properties, amended Subdiv. (3) to clarify a provision excepting remediation
activities from the definition of "establishment", and amended Subdivs. (6), (10), (11), (12), and (13) to require adoption
of regulations on or before January 1, 2002, providing standards for investigation of contaminated parcels; P.A. 99-241
amended Subdiv. (1) to delete the provisions of Subpara. (Q) re conveyance of parcel to limited liability company established
to assemble properties to effectuate the purposes of the Patriots Stadium Enabling Act, and added a limited liability company
established to assemble properties for development of the convention center facilities, sportsplex and related parking
facilities site, effective July 1, 1999 (Revisor's note: In codifying the provisions of P.A. 99-225 and 99-241, as they affect
Subdiv. (1), the Revisors retained the words "or (Q) any conveyance of a parcel", which were deleted by P.A. 99-225, so
as to add the amendment to Subpara. (Q) contained in P.A. 99-241, and relettered new Subparas. (Q), (R) and (S), contained
in P.A. 99-225, to (R), (S) and (T), respectively); P.A. 00-140 amended Subdiv. (1)(Q) to make a technical change, substitute
"acquisition" for "assembly", delete references to former convention center facilities, sportsplex and related parking facilities and add reference to the overall project as defined in Sec. 32-651, effective May 2, 2000; P.A. 01-204 redefined
"transfer of establishment", "establishment", "certifying party", "party associated with the transfer of an establishment",
"Form I", "Form II", "Form III", "Form IV", "environmental condition assessment form", "verification" and "vehicle",
defined "business operation", "corporate reorganization not substantially affecting the ownership of an establishment",
"Form IV verification", "hazardous substance" and "sediment", and made technical changes; June Sp. Sess. 01-9 revised
effective date of P.A. 01-204 but without affecting this section; P.A. 03-218 amended Subdiv. (1) by adding "or foreclosure
of a municipal tax lien" in Subpara. (B) and by making a technical change in Subpara. (E), amended Subdiv. (10)(B) by
adding "based on an investigation of the parcel in accordance with the prevailing standards and guidelines", and amended
Subdiv. (11) by making technical changes and, in Subpara. (C), by adding "verification", effective July 1, 2003; P.A. 03-19 made technical changes in Subdivs. (1), (11), (21) and (24), effective May 12, 2003.
Cited. 223 C. 910. Cited. 226 C. 737, 742. Cited. 239 C. 284.
Cited. 27 CA 353, 358, 359. Cited. 30 CA 204, 215. Cited. 43 CA 113.
Subdiv. (3):
Cited. 226 C. 737, 740.
Cited. 27 CA 353, 358.
Subdiv. (5):
Cited. 27 CA 353, 358.
Subdiv. (7):
Cited. 27 CA 353, 358.
Sec. 22a-134a. Transfer of hazardous waste establishments: Filing procedures. Certification of cleanup. (a) No person shall transfer an establishment except
in accordance with the provisions of sections 22a-134 to 22a-134e, inclusive. Notwithstanding any provision of sections 22a-134 to 22a-134e, inclusive, a person appointed
by the Superior Court or any other court to sell, convey or partition real property or a
person appointed as a trustee in bankruptcy shall not be deemed a party associated with
the transfer of an establishment and shall not be required to comply with the provisions
of sections 22a-134 to 22a-134e, inclusive.
(b) The commissioner may adopt regulations, in accordance with the provisions of
chapter 54, to implement the provisions of this section.
(c) Prior to transferring an establishment, the transferor shall submit to the transferee
a complete Form I or a Form II and, no later than ten days after the transfer, shall submit
a copy of such Form I or Form II to the commissioner. The commissioner shall notify
the transferor no later than ninety days after the submission of such Form I or Form II
if the commissioner deems the Form I or Form II incomplete. If the transferor is unable
to submit a Form I or a Form II to the transferee, the transferor shall, prior to the transfer,
submit a complete Form III or Form IV prepared and signed by a party associated with
the transfer to the transferee and, no later than ten days after the transfer, shall submit
a copy of such Form III or Form IV to the commissioner. If no other party associated
with the transfer of an establishment prepares and signs the proper form as a certifying
party, the transferor shall have the obligation for such preparation and signing.
(d) The certifying party to a Form I, Form II, Form III or Form IV shall (1) upon
receipt of a written request from the commissioner, provide to the commissioner copies
of all technical plans, reports and other supporting documentation relating to the investigation of the parcel or remediation of the establishment as specified in the commissioner's written request, and (2) simultaneously submit with the submission of a Form I,
Form III or Form IV to the commissioner a complete environmental condition assessment form and shall certify to the commissioner, in writing, that the information contained in such form is correct and accurate to the best of the certifying party's knowledge
and belief.
(e) No later than thirty days after receipt of a Form III or Form IV, the commissioner
shall notify the certifying party whether the form is complete or incomplete. Within
forty-five days of receipt of a complete Form III or IV, the commissioner shall notify
the certifying party in writing whether review and approval of the remediation by the
commissioner will be required, or whether a licensed environmental professional may
verify that the investigation has been performed in accordance with prevailing standards
and guidelines and that the remediation has been performed in accordance with the
remediation standards. Any person who submitted a Form III to the commissioner prior
to October 1, 1995, may submit an environmental condition assessment form to the
commissioner. The commissioner shall, within forty-five days of receipt of such form,
notify the certifying party whether approval of the remediation by the commissioner
will be required or whether a licensed environmental professional may verify that the
remediation has been performed in accordance with the remediation standards.
(f) In determining whether review and approval of the remediation by the commissioner will be required, or whether a licensed environmental professional may verify
that the remediation has been performed in accordance with the remediation standards,
the commissioner shall consider: (1) The potential risk to human health and the environment posed by any discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste or a hazardous substance at the establishment; (2) the degree of environmental
investigation at the parcel; (3) the proximity of the establishment to significant natural
resources; (4) the character of the land uses surrounding the establishment; (5) the complexity of the environmental condition of the establishment; and (6) any other factor
the commissioner deems relevant.
(g) If the commissioner notifies the certifying party to a Form III or Form IV that
a licensed environmental professional may verify the remediation, such certifying party
shall, on or before thirty days of the receipt of such notice or such later date as may
be approved in writing by the commissioner, submit a schedule for investigating and
remediating the establishment. Such schedule shall, unless a later date is specified in
writing by the commissioner, provide that the investigation shall be completed within
two years of the date of receipt of such notice and that remediation shall be initiated
within three years of the date of receipt of such notice. The schedule shall also include
a schedule for providing public notice of the remediation prior to the initiation of such
remediation in accordance with subsection (i) of this section. The commissioner shall
notify such certifying party if the commissioner determines that the commissioner's
review and written approval is necessary. Such certifying party shall investigate the
parcel and remediate the establishment in accordance with the proposed schedule. Such
certifying party shall submit to the commissioner an independent verification by a licensed environmental professional that the establishment has been remediated in accordance with the remediation standards, and as applicable, a Form IV verification.
(h) If the commissioner notifies the certifying party to a Form III or Form IV that
the commissioner's review and written approval of the investigation of the parcel and
remediation of the establishment is required, such certifying party shall, on or before
thirty days of the receipt of such notice or such later date as may be approved in writing
by the commissioner, submit for the commissioner's review and written approval a
proposed schedule for: (1) Investigating the parcel and remediating the establishment;
(2) submitting to the commissioner scopes of work, technical plans, technical reports
and progress reports related to such investigation and remediation; and (3) providing
public notice of the remediation prior to the initiation of such remediation in accordance
with subsection (i) of this section. Upon the commissioner's approval of such schedule,
such certifying party shall, in accordance with the approved schedule, submit scopes of
work, technical plans, technical reports and progress reports to the commissioner for
the commissioner's review and written approval. Such certifying party shall perform
all actions identified in the approved scopes of work, technical plans, technical reports
and progress reports in accordance with the approved schedule. The commissioner may
approve in writing any modification proposed in writing by such certifying party to such
schedule or investigation and remediation. The commissioner may, at any time, notify
such certifying party in writing that the commissioner's review and written approval is
not required and that a licensed environmental professional may verify that the remediation has been performed in accordance with the remediation standards.
(i) The certifying party to a Form III or Form IV shall (1) publish notice of the
remediation, in accordance with the schedule submitted pursuant to this section, in a
newspaper having a substantial circulation in the area affected by the establishment, (2)
notify the director of health of the municipality where the establishment is located of
the remediation, and (3) either (A) erect and maintain for at least thirty days in a legible
condition a sign not less than six feet by four feet on the establishment, which sign shall
be clearly visible from the public highway, and shall include the words "ENVIRONMENTAL CLEAN-UP IN PROGRESS AT THIS SITE. FOR FURTHER INFORMATION CONTACT:" and include a telephone number for an office from which any interested person may obtain additional information about the remediation, or (B) mail notice
of the remediation to each owner of record of property which abuts the parcel, at the
address for such property on the last-completed grand list of the municipality where the
establishment is located.
(j) The commissioner may issue an order to any person who fails to comply with
any provision of sections 22a-134 to 22a-134e, inclusive, including, but not limited to,
any person who fails to file a form, or files an incomplete or incorrect form or to any
person who fails to carry out any activities to which that person agreed in a Form III or
Form IV. If no form is filed or if an incomplete or incorrect form is filed for a transfer
of an establishment, the commissioner may issue an order to the transferor, the transferee, or both, requiring a filing. The commissioner may also request that the Attorney
General bring an action in the superior court for the judicial district of Hartford to enjoin
any person who fails to comply with any provision of sections 22a-134 to 22a-134e,
inclusive, including, but not limited to, any person who fails to file a form, improperly
files a Form I, Form II, Form III or Form IV or the certifying party to a Form III or Form
IV to take any actions necessary to prevent or abate any pollution at, or emanating from,
the subject establishment. Any person to whom such an order is issued may appeal such
order in accordance with the procedures set forth in sections 22a-436 and 22a-437.
(k) Notwithstanding the exemptions provided in subsection (a) of section 22a-134,
nothing contained in sections 22a-134 to 22a-134e, inclusive, shall be construed as
creating an innocent landowner defense for purposes of section 22a-452d.
(l) Notwithstanding any other provisions of this section, no person shall be required
to comply with the provisions of sections 22a-134 to 22a-134e, inclusive, when transferring real property (1) (A) for which a Form I or Form II has been filed for the transfer
of the parcel on or after October 1, 1995, or (B) for which parcel a Form III or Form IV
has been filed and which has been remediated and such remediation has been approved
in writing by the commissioner or has been verified in writing in accordance with this
section by a licensed environmental professional that an investigation has been performed in accordance with prevailing standards and guidelines and that the remediation
has been performed in accordance with the remediation standards, and (2) at which no
activities described in subdivision (3) of section 22a-134 have been conducted since the
date of such approval or verification or the date on which the Form I or Form II was filed.
(m) Failure of the commissioner to notify any party in accordance with the provisions of this section in no way limits the ability of the commissioner to enforce the
provisions of sections 22a-134 to 22a-134e, inclusive.
(P.A. 85-568, S. 3; P.A. 87-475, S. 2; 87-589, S. 49, 87; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4,
7, 8; P.A. 95-183, S. 2; 95-220, S. 4-6; P.A. 96-113, S. 2, 6, 17; P.A. 99-225, S. 7, 8; P.A. 01-204, S. 16; June Sp. Sess.
P.A. 01-9, S. 73, 131; P.A. 03-19, S. 62; 03-82, S. 1; 03-218, S. 7-9.)
History: P.A. 87-475 added Subsec. (d) regarding liens against real estate on which a service station was transferred
and in operation on or after May 1, 1967, and added Subsec. (e) authorizing the commissioner to adopt regulations; P.A.
87-589 made technical changes in Subsec. (d); P.A. 95-183 amended Subsec. (a) to add a reference to Sec. 22a-134e,
deleted former Subsecs. (b) and (c) and relettered the remaining Subsecs. accordingly, amended the relettered Subsec. (b)
to change "cleaned up" to "remediated", added new Subsec. (d) re submittal of Form I or II, new Subsec. (e) re submittal
of Form II or IV, new Subsec. (f) re review of Form III or IV, new Subsec. (g) re verification of forms by environmental
professional, new Subsecs. (h) and (i) re a schedule for remediation, new Subsec. (j) re notice of remediation, new Subsec.
(k) re orders to file or remediate, new Subsec. (l) re construction of the Transfer Act with regard to innocent landowners
and new Subsec. (m) re transfers covered by previous filings (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220
authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and special
acts of the 1995 session of the General Assembly, effective September 1, 1998); P.A. 96-113 amended Subsec. (d) to
provide that a transferor shall submit a copy of any Form III or IV to the transferee and amended Subsec. (k) to expand
range of orders authorized under that subsection, effective May 24, 1996; P.A. 99-225 amended Subsec. (f) to require
verification of investigations and to require adoption of regulations on or before January 1, 2002, providing standards for
investigation of contaminated parcels and amended Subsec. (m) to provide that eligibility for the exemption under that
subsection on the basis of a filing of a Form I or II is limited to filings of such forms after October 1, 1995, to require
verification of investigations by licensed environmental professionals and to require adoption of regulations before January
1, 2002, providing standards for investigation of contaminated parcels; P.A. 01-204 deleted former Subsec. (b) re liens
pursuant to Sec. 22a-452 and redesignated existing Subsecs. (c) to (m) as Subsecs. (b) to (l), amended Subsec. (c) to clarify
that a Form I or II submission must be complete, require the commissioner to notify the transferor no later than ninety
days after the submission of a Form I or Form II if the commissioner deems the Form I or Form II incomplete, require the
transferor, rather than the certifying party, to submit a complete Form III or Form IV if the transferor is unable to submit
a Form I or Form II, require such Form III or Form IV to be prepared and signed by a party associated with the transfer,
and require the transferor to prepare and sign the proper form if no other party associated with the transfer does so, amended
Subsec. (d) to require the certifying party to a Form I, Form III or Form IV, if requested in writing by the commissioner,
to submit copies of technical plans, reports and other supporting documentation of the investigation of the parcel or
remediation of the establishment and make a technical change for purposes of gender neutrality, amended Subdiv. (e) to
change the commissioner's notification deadline from within fifteen days of receipt to no later than thirty days after receipt,
make a technical change for purposes of gender neutrality, eliminate the requirement for adoption of regulations on or
before January 1, 2002, and delete provision re parcels subject to an order, consent order, or stipulated judgment, amended
Subsec. (f) to include a hazardous substance at the establishment in Subdiv. (1) and to substitute "establishment" for
"parcel" in Subdivs. (3) to (5), amended Subsec. (g) to make the subsection applicable to a certifying party to a Form III
or Form IV, require the certifying party to submit a schedule for investigating and remediating the establishment, rather
than the parcel, require the commissioner to notify the certifying party if the commissioner determines that the commissioner's review and written approval is necessary, delete provisions re submission of copies of technical plans and reports,
provide that the certifying party shall investigate the parcel and remediate the establishment, require the certifying party
to submit a verification that the establishment has been remediated, require that the certifying party submit, as applicable,
a Form IV verification and make technical changes, amended Subsec. (h) to apply to certifying parties to a Form III or
Form IV, provide that commissioner's notification state approval of the investigation of the parcel and remediation of
the establishment is required, provide that schedule is to apply to the investigation of the parcel and remediation of the
establishment, provide that the certifying party is to submit a schedule for the submission for scopes of work and submit
the scopes of work, and make technical changes, amended Subsec. (i) to apply to certifying parties to a Form III or Form
IV and, in Subdivs. (2) and (3), to substitute "establishment" for "parcel", amended Subsec. (j) to allow the commissioner
to issue an order to any person who fails to file a form or files an incomplete or incorrect form, allow the commissioner
to issue an order to the transferor or transferee, or both, requiring a filing, substitute "establishment" for "parcel" and make
conforming changes, amended Subsec. (l) to make technical changes and delete requirement for adoption of regulations
on or before January 1, 2002, and added Subsec. (m) re failure of commissioner to comply with notice provisions of section
does not limit commissioner's ability to enforce provisions of the Transfer Act; June Sp. Sess. P.A. 01-9 revised effective
date of P.A. 01-204 but without affecting this section; P.A. 03-19 made a technical change in Subsec. (l), effective May
12, 2003; P.A. 03-82 amended Subsec. (a) by adding provision re person appointed by court to sell, convey or partition
real property or as a trustee in bankruptcy shall not be deemed a party associated with the transfer of an establishment and
shall not be required to comply with Secs. 22a-134 to 22a-134e; P.A. 03-218 added "Form II" to the introductory language
in Subsec. (d), amended Subsec. (d)(2) by replacing "Form II" with "Form III", replaced "establishment" with "parcel"
in Subsec. (i)(3)(B), and replaced "22a-134f" with "22a-134e" in Subsec. (m), effective July 1, 2003.
Cited. 223 C. 910. Cited. 226 C. 737, 742.
Cited. 27 CA 353, 358, 359. Cited. 30 CA 204, 215, 220. Cited. 43 CA 113.
Cited. 43 CS 83, 87.
Subsec. (b):
Cited. 226 C. 737, 739.
Cited. 27 CA 353, 354, 356.
Subsec. (d):
Cited. 27 CA 353, 359.