Sec. 22a-133dd. Entry onto property to perform environmental site assessment or investigation on behalf of municipality.
Sec. 22a-133dd. Entry onto property to perform environmental site assessment or investigation on behalf of municipality. (a) Any municipality or licensed
environmental professional employed or retained by a municipality may enter, without
liability to any person other than the Commissioner of Environmental Protection, upon
any property within such municipality for the purpose of performing an environmental
site assessment or investigation on behalf of the municipality if: (1) The owner of such
property cannot be located; (2) such property is encumbered by a lien for taxes due such
municipality; (3) upon a filing of a notice of eminent domain; (4) the municipality's
legislative body finds that such investigation is in the public interest to determine if the
property is underutilized or should be included in any undertaking of development,
redevelopment or remediation pursuant to this chapter or chapter 130, 132 or 581; or
(5) any official of the municipality reasonably finds such investigation necessary to
determine if such property presents a risk to the safety, health or welfare of the public
or a risk to the environment. The municipality shall give at least forty-five days' notice
of such entry before the first such entry by certified mail to the property owner's last
known address of record.
(b) A municipality accessing or entering a property to perform an investigation
pursuant to this section shall not incur any liability pursuant to section 22a-432 for any
preexisting contamination or pollution on such property, provided, however, a municipality may be liable for any pollution or contamination resulting from a negligent or
reckless investigation.
(c) The owner of the property may object to such access and entry by the municipality by filing an action in the Superior Court not later than thirty days after receipt of the
notice provided pursuant to subsection (a) of this section, provided any objection be
limited to the owner affirmatively representing that it is diligently investigating the site
in a timely manner and that any municipal taxes owed will be paid in full.
(P.A. 98-253, S. 12; P.A. 08-174, S. 6.)
History: P.A. 08-174 designated existing provisions as Subsec. (a) and amended same to add provisions re municipalities,
insert "to any person other than the Commissioner of Environmental Protection" provision, add Subdiv. (4) re investigations
in the public interest and Subdiv. (5) re investigations to determine risk to the public or environment and make technical
changes, added Subsec. (b) re liability pursuant to Sec. 22a-432 and added Subsec. (c) re property owner's right to object
to access and entry, effective June 13, 2008.