AN ACT CONCERNING VERIFICATIONS BY LICENSED ENVIRONMENTAL PROFESSIONALS.

The bill imposes certain deadlines on the Department of Environmental Protection (DEP) commissioner in connection with two of its programs for property affected or potentially affected by hazardous waste: the Voluntary Remediation Program and the Property Transfer Program. It does so by triggering the next step in processing certain forms under these programs after deadlines set for DEP action under current law have passed without action by DEP.

Under current law, there do not appear to be any consequences when DEP takes no action within the deadlines.

The bill specifies that the deadlines for the owners submitting the respective forms begin either (1) when the respective deadlines pass without the commissioner's action or (2) after receiving notice from the commissioner, as under current law.

The Voluntary Remediation Program allows certain property owners to expedite the voluntary remediation of their property. Under current law, a property owner can submit an Environmental Assessment Condition Form (ECAF) to the commissioner. The commissioner must notify the owner if she will need to review the form and provide written approval of it within 30 days of receiving it. If the commissioner notifies the owner that review and approval is not required, the owner has 90 days from receipt of that notice to submit a statement of proposed actions for investigating and remediating the property and a schedule for doing do. After the owner's submission of the required information, the commissioner may then require the owner to submit additional materials, or decide that review and written approval is required.

Under the bill, if the commissioner has not acted on the form within 30 days, it is deemed that review and approval are not required, moving the owner to the 90-day deadline.

Under the Property Transfer Program, contaminated property owners must disclose environmental conditions upon transfer of their properties and businesses. When the property is transferred, one of four transfer forms must be completed and filed with the department. Form III is required (1) when a discharge, spill, uncontrolled loss, seepage, or filtration of hazardous waste or a hazardous substance that occurred at the property has not yet been fully remediated or (2) the environmental conditions of the property are unknown.

Form IV is required when a discharge, spill, uncontrolled loss, seepage, or filtration of hazardous waste or a hazardous substance on a property and all actions to remediate any pollution caused by a release were appropriately completed, except post-remediation monitoring, natural attenuation monitoring, or recording an environmental land use restriction.

Under current law, the commissioner must notify a Form III of Form IV certifying party within 30 days of receiving a form whether or not it is complete. The commissioner has 45 days after receipt of a complete form to notify the certifying party in writing if (1) review and approval are required or (2) a licensed environmental professional (LEP) may verify that the investigation has been performed to meet remediation standards. If the commissioner notifies the party that a LEP may verify the remediation, the party has 30 days from receipt of the notice to submit a schedule for investigating and remediating the property, or a later deadline approved by the commissioner.

Under the bill, if DEP has not acted (1) 30 days after receiving a Form III or Form IV, the form is deemed complete and (2) 45 days after DEP receives a complete Form III or IV, it is deemed that a LEP may verify remediation.

Yea

Nay

(03/08/2006)