Sec. 22a-133ee. Liability of owner of real property for pollution that occurred or existed prior to taking title.
Sec. 22a-133ee. Liability of owner of real property for pollution that occurred
or existed prior to taking title. (a) Notwithstanding any provision of the general statutes, and except as provided in this section, no owner of real property shall be liable for
any costs or damages to any person other than this state, any other state or the federal
government, with respect to any pollution or source of pollution on or emanating from
such owner's real property that occurred or existed prior to such owner taking title to
such property, provided:
(1) The owner did not establish or create a condition or facility at or on such property
that reasonably can be expected, as determined by the Commissioner of Environmental
Protection, to create a source of pollution to the waters of the state for purposes of section
22a-432 and such owner is not responsible pursuant to any other provision of the general
statutes for creating any pollution or source of pollution on such property;
(2) The owner 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 owner's interest
in the property was conveyed or financed; and
(3) The Commissioner of Environmental Protection has approved in writing: (A)
An investigation report regarding such pollution or sources of pollution, provided the
investigation was conducted in accordance with the prevailing standards and guidelines
by an environmental professional licensed in accordance with section 22a-133v; and
(B) a final remedial action report prepared by a licensed environmental professional
that demonstrates that remediation of such pollution and sources of pollution was completed in accordance with the remediation standards in regulations adopted pursuant to
section 22a-133k. Prior to the initiation of an investigation or a remediation undertaken
to meet the criteria of this section, an owner of the subject real property shall notify, by
certified mail, the owners of the adjoining properties of such initiation. Such reports
shall be forwarded, by certified mail, to the owners of the adjoining properties.
(b) This section shall not relieve any such liability where (1) an owner failed to file
or comply with the provisions of an environmental land use restriction created pursuant
to section 22a-133o for such real property or with the conditions of a variance for the
real property that was approved by the commissioner in accordance with regulations
adopted pursuant to section 22a-133k, or (2) the commissioner, at any time, determines
that an owner provided information that the owner knew or had reason to know was
false or misleading or otherwise failed to satisfy all of the requirements of subsection
(a) of this section. Nothing in this section shall be construed to relieve an owner of any
liability for pollution or sources of pollution on or emanating from such property that
occurred or were created after the owner took title to such property. Nothing in this
section shall be construed to hold an innocent landowner, as defined in section 22a-452d, who meets the requirements of this section liable to this state for costs or damages
in an amount greater than the amount that an innocent landowner may be held liable
pursuant to section 22a-432.
(c) If an owner of real property is found to be liable under this section because the
owner is affiliated with the person responsible for the pollution or source of pollution,
as provided in subdivision (2) of subsection (a) of this section, such owner shall be liable
for a civil penalty of one hundred thousand dollars or the cost of remediating the pollution
or source of pollution, whichever is greater.
(P.A. 05-90, S. 1.)