Sec. 22a-133f. Costs of remedial action. Regulations.
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.