Sec. 22a-133w. Voluntary site remediation in GB and GC areas: Licensed environmental professionals.
Sec. 22a-133w. Voluntary site remediation in GB and GC areas: Licensed environmental professionals. (a) As used in this section and sections 22a-133u and
22a-133y:
(1) "Phase II environmental site assessment" means an investigation to confirm the
presence or absence of a spill on or at a parcel of real property which investigation may
include sampling of soil or groundwater in accordance with the provisions of the Transfer
Act Site Assessment Guidance Document published by the Department of Environmental Protection, June, 1989, revised November, 1991, or in accordance with comparable
provisions in any regulations adopted by the commissioner under section 22a-133k;
(2) "Phase III investigation" means an investigation to ascertain the extent of a spill
on or at a parcel of real property in accordance with the provisions of the Transfer Act
Site Assessment Guidance Document published by the Department of Environmental
Protection, June, 1989, revised November, 1991, which investigation may include making a reasonable estimate of the cost of remediation of such parcel in accordance with
the regulations adopted by the commissioner under section 22a-133k;
(3) "Phase III remedial action plan" means a written plan prepared subsequent to
a Phase III investigation as provided in said guidance document or such regulations
which plan includes information regarding the feasibility of various alternative remediation strategies and an assessment of the costs of such strategies;
(4) "Spill" has the meaning provided in section 22a-452c; and
(5) "Commissioner" means the Commissioner of Environmental Protection.
(b) The commissioner shall publish along with any list or roster of licensed environmental professionals published pursuant to section 22a-133v a record of any work performed by any licensed environmental professional pursuant to a final remedial action
report prepared pursuant to a voluntary site remediation under section 22a-133y which
is submitted to the commissioner and any action taken by the commissioner with regard
to such work.
(c) Any licensed environmental professional who performs any services pursuant
to section 22a-133y shall act with reasonable care and diligence and shall apply the
knowledge and skill ordinarily required of a professional in good standing practicing
in that field at the time the services are performed.
(d) Any licensed environmental professional who performs any services pursuant to
section 22a-133y shall not have, develop or acquire any business association or financial
interest which is substantial enough to create an impression of influencing his judgment
in connection with the performance of such services. No licensed environmental professional shall offer or render such services under an arrangement whereby no fee will be
charged if a specified finding or result is attained, or where the payment of his fee, or
the amount of the fee, is otherwise dependent upon a specified finding or result of such
services.
(e) Any licensed environmental professional who violates any provision of subsection (c) or (d) of this section shall be assessed a civil penalty of not more than twenty-five thousand dollars. The Attorney General, upon complaint of the State Board of
Examiners of Environmental Professionals or the Commissioner of Environmental Protection, shall institute a civil action to recover such penalty. Any amount recovered shall
be deposited into the Special Contaminated Property Remediation and Insurance Fund
established under section 22a-133t.
(P.A. 95-190, S. 1, 17.)
History: P.A. 95-190, S. 1 effective June 29, 1995.