Substitute House Bill No. 5712
          Substitute House Bill No. 5712

              PUBLIC ACT NO. 98-134


AN  ACT  CONCERNING   THE   REPORTING  OF  CERTAIN
SIGNIFICANT  ENVIRONMENTAL HAZARDS  BY  OWNERS  OF
CONTAMINATED PROPERTY, SUPPLEMENTAL  ENVIRONMENTAL
PROJECTS, CONSISTENCY WITH  FEDERAL  ENVIRONMENTAL
LAWS   AND  REMEDIATION   OF   CONTAMINATED   REAL
PROPERTY.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. (NEW)  (a) For the purposes of this
section:
    (1) "Commissioner" means  the  Commissioner of
Environmental Protection, or his designee;
    (2) "Parcel" means  a  piece,  tract or lot of
land,   together   with    buildings   and   other
improvements situated thereon, a legal description
of which piece,  parcel, tract or lot is contained
in a deed  or  other  instrument of conveyance and
which piece, tract or lot is not the subject of an
order or consent  order  of the commissioner which
involves   requirements   for   investigation   or
reporting regarding environmental contamination;
    (3)  "Person"  means  person,  as  defined  in
section 22a-2 of the general statutes;
    (4) "Pollution" means pollution, as defined in
section 22a-423 of the general statutes;
    (5)    "Release"    means    any    discharge,
uncontrolled loss, seepage,  filtration,  leakage,
injection,  escape,  dumping,   pumping,  pouring,
emitting, emptying or disposal of oil or petroleum
or chemical liquids  or  solids, liquid or gaseous
products or hazardous wastes;
    (6) "Residential activity"  means any activity
related to (A) a residence or dwelling, including,
but  not  limited   to,  a  house,  apartment,  or
condominium, or (B)  a  school, hospital, day care
center, playground or outdoor recreational area;
    (7) "Substance" means  an element, compound or
material which, when  added to air, water, soil or
sediment,  may  alter   the   physical,  chemical,
biological or other  characteristics  of such air,
water, soil or sediment;
    (8)  "Upgradient  direction"   means   in  the
direction of an increase in hydraulic head; and
    (9)  "Technical  environmental   professional"
means an individual,  including,  but  not limited
to,   an   environmental   professional   licensed
pursuant  to  section   22a-133v  of  the  general
statutes, who collects  soil,  water, vapor or air
samples   for  purposes   of   investigating   and
remediating sources of pollution to soil or waters
of the state  and who may be directly employed by,
or  retained as  a  consultant  by,  a  public  or
private employer.
    (b)   (1)   If   a   technical   environmental
professional   determines   in   the   course   of
investigating or remediating  pollution  after the
effective date of this section, which pollution is
on or emanating from a parcel, that such pollution
is causing or has caused contamination of a public
or private drinking  water  well  with a substance
for  which  the   Commissioner   of  Environmental
Protection   has  established   a   ground   water
protection   criterion  in   regulations   adopted
pursuant  to  section   22a-133k  of  the  general
statutes at a concentration above the ground water
protection  criterion  for  such  substance,  such
professional shall notify his client and the owner
of the parcel,  if  the  owner  can  reasonably be
identified, not later than twenty-four hours after
determining  that the  contamination  exists.  If,
seven days after  such determination, the owner of
the   subject  parcel   has   not   notified   the
commissioner, the client of the professional shall
notify the commissioner. If the owner notifies the
commissioner,    the    owner     shall    provide
documentation to the  client  of  the professional
which verifies that  the  owner  has  notified the
commissioner.
    (2) The owner  of  a  parcel on which exists a
source of contamination  to  soil or waters of the
state shall notify  the commissioner if such owner
becomes aware that  such  pollution  is causing or
has caused contamination  of  a  private or public
drinking water well with a substance for which the
commissioner  has  established   a   ground  water
protection   criterion  in   regulations   adopted
pursuant  to  section   22a-133k  of  the  general
statutes at a concentration at or above the ground
water  protection criterion  for  such  substance.
Notice under this  section  shall  be given to the
commissioner  (A)  orally,   not  later  than  one
business day after  such person becomes aware that
the contamination exists,  and (B) in writing, not
later than five days after such oral notice.
    (c)   (1)   If   a   technical   environmental
professional   determines   in   the   course   of
investigating or remediating  pollution  after the
effective date of this section, which pollution is
on or emanating from a parcel, that such pollution
is causing or has caused contamination of a public
or  private  drinking   water  well  with:  (A)  A
substance   for   which   the   commissioner   has
established a ground water protection criterion in
regulations adopted pursuant  to  section 22a-133k
of the general  statutes  at  a concentration less
than such ground  water  protection  criterion for
such  substance;  or   (B)   any  other  substance
resulting from the release which is the subject of
the    investigation    or    remediation,    such
professional shall notify his client and the owner
of the parcel,  if  the  owner  can  reasonably be
identified,  not  later   than  seven  days  after
determining that the contamination exists.
    (2) The owner  of  a  parcel on which exists a
source of pollution  to  soil or the waters of the
state shall notify  the commissioner if such owner
becomes aware that  such  pollution  is causing or
has caused contamination  of  a  private or public
drinking water well  with:  (A)  A  substance  for
which the commissioner  has  established  a ground
water protection criterion  in regulations adopted
pursuant  to  section   22a-133k  of  the  general
statutes at a  concentration less than such ground
water protection criterion  for such substance; or
(B) any other  substance  which  was  part  of the
release which caused  such pollution. Notice under
this subdivision shall  be  given  in  writing not
later than seven  days  after the time such person
becomes aware that the contamination exists.
    (d)   (1)   If   a   technical   environmental
professional   determines   in   the   course   of
investigating or remediating  pollution  after the
effective date of this section, which pollution is
on or emanating from a parcel, that such pollution
of soil within  two  feet  of  the  ground surface
contains a substance,  except  for total petroleum
hydrocarbon, at a concentration at or above thirty
times  the industrial/commercial  direct  exposure
criterion for such  substance  if the parcel is in
industrial or commercial  use,  or the residential
direct exposure criterion  if  the  parcel  is  in
residential use, which  criteria  are specified in
regulations adopted pursuant  to  section 22a-133k
of the general  statutes,  such professional shall
notify his client  and the owner of the parcel, if
such owner is  reasonably  identified,  not  later
than  seven  days   after   determining  that  the
contamination exists, except  that notice will not
be required if  the land-use of such parcel is not
residential activity and  the  substance is one of
the following: Acetone, 2-butanone, chlorobenzene,
1,2-dichlorobenzene,          1,3-dichlorobenzene,
1,1-dichloroethane,      cis-1,2-dichloroethylene,
trans-1,2-dichloroethylene,          ethylbenzene,
methyl-tert-butyl-ether,  methyl isobutyl  ketone,
styrene, toluene, 1,1,1-trichloroethane,  xylenes,
acenaphthylene,    anthracene,    butyl     benzyl
phthalate,  2-chlorophenol, di-n-butyl  phthalate,
di-n-octyl      phthalate,     2,4-dichlorophenol,
fluoranthene, fluorene, naphthalene, phenanthrene,
phenol and pyrene.
    (2) The owner  of  the  subject  parcel, shall
notify the commissioner  in writing not later than
ninety days after  the  time  such  owner  becomes
aware that the  contamination  exists  except that
notification will not  be  required  if  not later
than ninety days:  (A)  The  contaminated  soil is
remediated in accordance  with regulations adopted
pursuant  to  section   22a-133k  of  the  general
statutes;   (B)   the    contaminated    soil   is
inaccessible  soil as  that  term  is  defined  in
regulations adopted pursuant  to  section 22a-133k
of the general  statutes;  or (C) the contaminated
soil which exceeds  thirty times such criterion is
treated or disposed  of  in  accordance  with  all
applicable laws and regulations.
    (e)   (1)   If   a   technical   environmental
professional   determines   in   the   course   of
investigating or remediating  pollution  after the
effective date of this section, which pollution is
on or emanating from a parcel, that such pollution
is  causing or  has  caused  ground  water  within
fifteen feet beneath  an  industrial or commercial
building  to  be   contaminated  with  a  volatile
organic substance at  a  concentration at or above
thirty     times     the     industrial/commercial
volatilization criterion for ground water for such
substance or, if  such  contamination is beneath a
residential building, at  a  concentration  at  or
above thirty times  the residential volatilization
criterion,  which  criteria   are   specified   in
regulations adopted pursuant  to  section 22a-133k
of the general  statutes, such professional shall,
not later than  seven  days after determining that
the contamination exists,  notify  his  client and
the owner of the subject parcel, if such owner can
reasonably be identified.
    (2) The owner  of such parcel shall notify the
commissioner in writing not later than thirty days
after  such  person   becomes   aware   that   the
contamination exists except  that  notification is
not required if:  (A)  The  concentration  of such
substance in the  soil vapor beneath such building
is  at  or  below  thirty  times  the  soil  vapor
volatilization  criterion,  appropriate   for  the
land-use for the  parcel,  for  such  substance as
specified  in  regulations   adopted  pursuant  to
section 22a-133k of  the general statutes; (B) the
concentration of such  substance in groundwater is
below thirty times  a site-specific volatilization
criterion  for ground  water  for  such  substance
calculated in accordance  with regulations adopted
pursuant  to  section   22a-133k  of  the  general
statutes;   (C)   ground    water   volatilization
criterion, appropriate for  the  land-use  of  the
parcel,   for   such    substance   specified   in
regulations adopted pursuant  to  section 22a-133k
of the general  statutes  is  fifty thousand parts
per billion; or  (D)  not  later  than thirty days
after the time  such person becomes aware that the
contamination  exists, an  indoor  air  monitoring
program   is   initiated    in   accordance   with
subdivision (3) of this subsection.
    (3) An indoor  air  quality monitoring program
for the purposes  of this subsection shall consist
of sampling of  indoor  air  once every two months
for a duration of not less than one year, sampling
of   indoor   air   immediately   overlying   such
contaminated ground water,  and  analysis  of  air
samples for any  volatile  organic substance which
exceeded thirty times the volatilization criterion
as specified in  or  calculated in accordance with
regulations adopted pursuant  to  section 22a-133k
of the general  statutes. The owner of the subject
parcel shall notify  the  commissioner if: (A) The
concentration in any  indoor  air  sample  exceeds
thirty times the  target indoor air concentration,
appropriate for the  land-use  of  the  parcel, as
specified  in  regulations   adopted  pursuant  to
section 22a-133k of  the  general statutes; or (B)
the indoor air monitoring program is not conducted
in accordance with  this subdivision. Notice shall
be given to  the commissioner in writing not later
than seven days after the time such person becomes
aware that such a condition exists.
    (f)   (1)   If   a   technical   environmental
professional   determines   in   the   course   of
investigating or remediating  pollution  after the
effective date of this section, which pollution is
on or emanating from a parcel, that such pollution
is causing or  has  caused contamination of ground
water which is  discharging  to  surface water and
such ground water is contaminated with a substance
for  which an  acute  aquatic  life  criterion  is
listed in appendix  D  of  the  most  recent water
quality standards adopted by the commissioner at a
concentration which exceeds  ten  times  (A)  such
criterion for such  substance  in said appendix D,
or (B) such  criterion  for such substance times a
site  specific  dilution   factor   calculated  in
accordance with regulations  adopted  pursuant  to
section 22a-133k of  the  general  statutes,  such
professional shall notify his client and the owner
of such parcel,  if  such  owner can reasonably be
identified,  not  later   than  seven  days  after
determining that the contamination exists.
    (2) The owner  of such parcel shall notify the
commissioner in writing  not later than seven days
after the time  such person becomes aware that the
contamination exists except  that notice shall not
be required if such person knows that the polluted
discharge at that  concentration has been reported
to  the  commissioner   in   writing   within  the
preceding year.
    (g)   (1)   If   a   technical   environmental
professional   determines   in   the   course   of
investigating or remediating  pollution  after the
effective date of this section, which pollution is
on or emanating from a parcel, that such pollution
is causing or  has  caused contamination of ground
water within five  hundred  feet  in an upgradient
direction of a  private  or  public drinking water
well which ground  water  is  contaminated  with a
substance resulting from  a  release for which the
commissioner  has  established   a   ground  water
protection   criterion  in   regulations   adopted
pursuant  to  section   22a-133k  of  the  general
statutes at a concentration at or above the ground
water  protection criterion  for  such  substance,
such  technical environmental  professional  shall
notify his client  and  the  owner  of the subject
parcel,   if  such   owner   can   reasonably   be
identified,  not  later   than  seven  days  after
determining that the contamination exists.
    (2) The owner  of  the  subject  parcel  shall
notify the commissioner  in writing not later than
seven days after the time such owner becomes aware
that the contamination exists.
    (h)   (1)   If   a   technical   environmental
professional   determines   in   the   course   of
investigating or remediating  pollution  after the
effective date of this section, which pollution is
on or emanating from a parcel, that such pollution
is causing or has caused polluted vapors emanating
from polluted soil,  groundwater  or  free product
which  vapors are  migrating  into  structures  or
utility  conduits  and   which   vapors   pose  an
explosion  hazard,  such  technical  environmental
professional shall immediately  notify  his client
and the owner of the subject parcel, if such owner
can  reasonably  be  identified,  not  later  than
twenty-four hours after determining that the vapor
condition exists. If  the  owner  of  such  parcel
fails to notify  the  commissioner  in  accordance
with this subsection, such client shall notify the
commissioner.   If   the    owner   notifies   the
commissioner,    the    owner     shall    provide
documentation to the  client  of  the professional
which verifies that  the  owner  has  notified the
commissioner.
    (2) The owner  of  such  parcel  shall  orally
notify  the  commissioner   and   the  local  fire
department immediately and under all circumstances
not  later  than   two  hours  after  the  time  a
technical environmental professional  notifies the
owner that the  vapor  condition exists, and shall
notify the commissioner  in writing not later than
five days after such oral notice.
    (i) All notices,  oral  or  written,  provided
under this section shall include the nature of the
contamination or condition,  the  address  of  the
property where the  contamination  or condition is
located, the location  of  such  contamination  or
condition, any property  known  to  be affected by
such contamination or  condition,  any steps being
taken  to  abate,   remediate   or   monitor  such
contamination  or  condition,  and  the  name  and
address of the  person  making  such notification.
Written notification shall  be  clearly  marked as
notification required by  this  act  and  shall be
either   personally   delivered   to   the   Water
Management   Bureau   of    the    Department   of
Environmental Protection or  sent  certified mail,
return receipt requested,  to the Water Management
Bureau   of  the   Department   of   Environmental
Protection.
    (j)  The commissioner  shall  provide  written
acknowledgment  of receipt  of  a  written  notice
pursuant to this  section  not later than ten days
of receipt of  such  notice.  Such acknowledgement
shall be accompanied  by  (1) a statement that the
owner of the  parcel  has up to ninety days within
which to submit  to  the  commissioner  a  plan to
remediate or abate the contamination or condition.
If such plan  is  not submitted or is not approved
by  the  commissioner,   the   commissioner  shall
prescribe  the  action  to  be  taken,  or  (2)  a
directive as to  action  required  to remediate or
abate the contamination or condition. If a plan is
submitted which details  actions to be taken, or a
report is submitted  which  details actions taken,
to mitigate the  contamination  or conditions such
that  notice  under  this  section  would  not  be
required, and such plan or report is acceptable to
the commissioner, the  commissioner  shall approve
such  plan or  report  in  writing.  When  actions
implementing an approved  plan  are completed, the
commissioner   shall  issue   a   certificate   of
compliance.
    (k) Nothing in  this  section  and  no  action
taken by any person pursuant to this section shall
affect  the  commissioner's  authority  under  any
other statute or regulation.
    (l) Nothing in  this  section  shall  excuse a
person from complying with the requirements of any
statute or regulation  except the commissioner may
waive the requirements  of the regulations adopted
under section 22a-133k  of the general statutes if
he determines that  it is necessary to ensure that
timely and appropriate action is taken to mitigate
or minimize any  of  the  conditions  described in
subsections  (b)  to   (h),   inclusive,  of  this
section.
    Sec.  2.  Section   22a-16a   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    In any action  brought by the Attorney General
under section 22a-16  or  under  any  provision of
this title which  provides for a civil or criminal
penalty for a  violation  of  such  provision, the
court, in lieu  of any other penalties, damages or
costs  awarded,  or   in  addition  to  a  reduced
penalty, damages or  costs  awarded, may order the
defendant (1) to  provide  for  the restoration of
any  natural  resource   or   the   INVESTIGATION,
remediation  or mitigation  of  any  environmental
pollution  on  or   at  any  real  property  which
resource or property are unrelated to such action,
(2) to provide  for  any other project approved by
the Commissioner of  Environmental  Protection for
the  enhancement of  environmental  protection  or
conservation of natural  resources,  (3) to make a
financial   contribution   to   an   academic   or
government-funded  research  project   related  to
environmental   protection  or   conservation   of
natural resources, or  (4)  to  make  a  financial
contribution to the  Special Contaminated Property
Remediation and Insurance  Fund  established under
section  22a-133t  provided  the  total  aggregate
amount of all  contributions  to  said  fund under
this section shall  not exceed one million dollars
per  fiscal  year.   [provided  no]  NO  defendant
carrying out any  order  under  this  section  may
claim or represent  that  its expenses in so doing
constitute   ordinary   business    expenses    or
charitable  contributions or  any  other  type  of
expense other than  a  penalty  for a violation of
the environmental laws.
    Sec. 3. Section 22a-6 of the general statutes,
as amended by  section  44 of public act 97-44, is
amended by adding subsection (h) as follows:
    (NEW)   (h)   The   commissioner   may   adopt
regulations pertaining to activities for which the
federal  government  has   adopted   standards  or
procedures.  All provisions  of  such  regulations
which differ from the applicable federal standards
or  procedures shall  be  clearly  distinguishable
from such standards  or  procedures  either on the
face  of  the   proposed   regulation  or  through
supplemental   documentation   accompanying    the
proposed regulation at  the  time  of  the  public
hearing on such  regulation required under chapter
54. An explanation  for  all such provisions shall
be  included  in   the   regulation-making  record
required under chapter  54.  This subsection shall
apply to any  regulation  for  which  a  notice of
intent to adopt  is published on and after July 1,
1999.
    Sec. 4. Subsections  (a)  and  (b)  of section
22a-133x of the  general statutes are repealed and
the following is substituted in lieu thereof:
    (a) Except as  provided  in section 22a-133y a
municipality, an owner  of  an establishment, [or]
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
municipality 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,  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.  For  the  purposes  of  this
section,  "municipality"  means  any  of  the  one
hundred sixty-nine towns of the state.
    (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.
    Sec. 5. Subsection  (b) of section 22a-133u of
the general statutes,  as amended by section 13 of
public act 97-124,  is  repealed and the following
is substituted in lieu thereof:
    (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  [prepared  in
accordance with section 22a-133y] or for any costs
of demolition 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.

Approved May 27, 1998