Sec. 22a-133x. Investigation and remediation of contaminated real property. Submission of forms. Review by commissioner. Fee. Notification required.
Sec. 22a-133x. Investigation and remediation of contaminated real property.
Submission of forms. Review by commissioner. Fee. Notification required. (a) Except as provided in section 22a-133y, a political subdivision of the state, an owner of
an establishment, as defined in section 22a-134, 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 political subdivision or such owner and an initial review fee in accordance with
subsection (e) of this section. The owner or political subdivision shall use a licensed
environmental professional to verify the investigation and remediation, unless not later
than thirty days after the commissioner's receipt of such form, the commissioner notifies
the owner or political subdivision, in writing, that 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.
(b) The owner or political subdivision shall, on or before ninety days after the submission of an environmental condition assessment form, 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 or political
subdivision to submit to the commissioner copies of technical plans and reports related
to investigation and remediation of the parcel or release area. Notwithstanding any other
provision of this section, the commissioner may determine that the commissioner's
review and written approval of such technical plans and reports is necessary at any time,
and in such case the commissioner shall notify the owner or political subdivision of
the need for the commissioner's review and written approval. The commissioner shall
require that the certifying party submit to the commissioner 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 or political subdivision 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 investigated in accordance with prevailing standards and guidelines and remediated in accordance with the remediation standards, the owner or political subdivision shall submit such verification to the
commissioner on a form prescribed by the commissioner.
(c) If the commissioner notifies the owner or political subdivision that the commissioner will formally review and approve in writing the investigation and remediation
of the parcel, the owner or political subdivision shall, on or before thirty days of the
receipt of such notice, or such later date as may be approved in writing by the commissioner, submit for the commissioner's review and written approval, a proposed schedule
for: (1) Investigating and remediating the parcel or release area; and (2) submitting to
the commissioner technical plans, technical reports and progress reports related to such
investigation and remediation. Upon the commissioner's approval of such schedule, the
owner or political subdivision shall, in accordance with the approved schedule, submit
technical plans, technical reports and progress reports to the commissioner for the commissioner's review and written approval. The owner or political subdivision shall perform all actions identified in the approved technical plans, technical reports and progress
reports in accordance with the approved schedule. The commissioner may approve, in
writing, any modification proposed in writing by the owner or political subdivision to
such schedule or investigation and remediation and may notify the owner, in writing,
if the commissioner determines that it is appropriate to discontinue formal review and
approval of the investigation or remediation.
(d) If, in accordance with the provisions of this section, the commissioner has approved in writing or, as applicable, a licensed environmental professional has verified,
that the parcel or release area has been remediated in accordance with the remediation
standards, such approval or verification may be used as the basis for submitting a Form
II pursuant to sections 22a-134 to 22a-134e, inclusive, provided there has been no additional discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste at
or on the parcel subsequent to the date of the commissioner's approval or verification
by a licensed environmental professional.
(e) The fee for submitting an environmental condition assessment form to the commissioner pursuant to this section shall be three thousand dollars and shall be paid at the
time the environmental condition assessment form is submitted. Any fee paid pursuant to
this section shall be deducted from any fee required by subsection (m) or (n) of section
22a-134e for the transfer of any parcel for which an environmental condition assessment
form has been submitted within three years of such transfer.
(f) Nothing in this section shall be construed to affect or impair the voluntary site
remediation process provided for in section 22a-133y.
(g) Prior to commencement of remedial action taken under this section, the owner
or political subdivision shall (1) publish notice of the remediation, in accordance with
the schedule submitted pursuant to this section, in a newspaper having a substantial
circulation in the area affected by the establishment, (2) notify the director of health of
the municipality where the parcel is located of the remediation, and (3) either (A) erect
and maintain for at least thirty days in a legible condition a sign not less than six feet
by four feet on the parcel, which sign shall be clearly visible from the public highway,
and shall include the words "ENVIRONMENTAL CLEAN-UP IN PROGRESS AT
THIS SITE. FOR FURTHER INFORMATION CONTACT:" and include a telephone
number for an office from which any interested person may obtain additional information about the remediation, or (B) mail notice of the remediation to each owner of record
of property which abuts the parcel, at the last-known address of such owner on the last-completed grand list of the municipality where the parcel is located.
(P.A. 95-183, S. 3; P.A. 96-113, S. 7, 17; P.A. 98-134, S. 4; 98-253, S. 13; P.A. 99-225, S. 4, 14, 20; June 30 Sp. Sess.
P.A. 03-6, S. 118; P.A. 07-81, S. 2.)
History: P.A. 96-113 amended Subsec. (a) to add definition of "municipality", effective May 24, 1996; P.A. 98-134
and P.A. 98-253 both amended Subsec. (a) to allow owners of property in GA and GAA areas to submit an environmental
condition assessment form under this section, and P.A. 98-134 also amended Subsec. (b) to include remediation of entire
release areas in remediation plans under this section; P.A. 99-225 amended Subsec. (a) to allow remediation under this
section of property owned by any political subdivision of the state and to delete definition of "municipality", amended
Subsecs. (c) and (d) to provide for investigation and verification of remediation of specific release areas, effective June
29, 1999, and added a new Subsec. (g) regarding notice of remedial action undertaken pursuant to this section; June 30
Sp. Sess. P.A. 03-6 amended Subsec. (e) to increase fee for submitting environmental condition assessment form from
$2,000 to $3,000, effective August 20, 2003; P.A. 07-81 amended Subsec. (a) to provide that a licensed environmental
professional shall verify investigation and remediation unless department notifies the owner that department will do the
verification, amended Subsec. (b) to delete provisions requiring commissioner to notify the owner re formal department
review and to provide that commissioner may require department review at any time, amended Subsec. (g) to provide that
only owners of property abutting the parcel need be notified at their last-known address and added references to "political
subdivision" and made conforming and technical changes throughout.