Sec. 22a-134e. Transfer fees. Regulations.
Sec. 22a-134e. Transfer fees. Regulations. (a) As used in this section, "cost of
remediation" shall include total costs related to the complete investigation of pollution
on-site and off-site, evaluation of remediation alternatives, design and implementation
of approved remediation, operation and maintenance costs for the remediation and postremediation monitoring.
(b) The fee for filing a Form I, as defined in section 22a-134, shall be three hundred
dollars. The fee for filing a Form II shall be one thousand fifty dollars except as provided
for in subsections (e) and (p) of this section.
(c) The fee for filing a Form III, after July 1, 1990, and before July 1, 1993, shall
be as follows: (1) Four thousand five hundred dollars if the cost of remediation is less
than one hundred thousand dollars; (2) seven thousand dollars if the cost of remediation
is equal to or greater than one hundred thousand dollars but less than five hundred
thousand dollars; (3) ten thousand dollars if the cost of remediation is equal to or greater
than five hundred thousand dollars but less than one million dollars; and (4) thirteen
thousand dollars if the cost of remediation is equal to or greater than one million dollars.
(d) The fee for filing a Form III with the Commissioner of Environmental Protection
prior to July 1, 1990, and which concern a site for which the commissioner had not
given written approval of a final remediation plan before July 1, 1990, shall be as follows:
For a Form III filed between October 1, 1985, and September 30, 1986, the fee shall be
twenty per cent of the amount specified in subsection (c) of this section; for a Form III
filed between October 1, 1986, and September 30, 1987, the fee shall be forty per cent
of the amount specified in subsection (c) of this section; for a Form III filed between
October 1, 1987, and September 30, 1988, the fee shall be sixty per cent of the amount
specified in subsection (c) of this section; for a Form III filed between October 1, 1988,
and September 30, 1989, the fee shall be eighty per cent of the amount specified in
subsection (c) of this section and for a Form III filed between October 1, 1989, and July
1, 1990, the fee shall be ninety per cent of the amount specified in said subsection (c).
(e) If a Form II is filed after July 1, 1990, and before October 1, 1995, and within
three years following completion of remedial measures as approved by the Commissioner of Environmental Protection, the fee for such transfer shall be the fee specified
in subsection (c) of this section.
(f) The fees specified in subsections (b) and (e) of this section shall be due upon
the filing of the notification required under section 22a-134a.
(g) The fee specified in subsection (c) of this section shall be due in accordance
with the following schedule: (1) Four thousand five hundred dollars shall be paid upon
filing of the Form III; (2) the balance, if any, shall be paid within thirty days of receipt
from the commissioner of written approval of a remedial action plan or within thirty
days of the issuance of an order, consent agreement or stipulated judgment, whichever
is earlier; (3) any remaining balance shall be paid within thirty days after receipt of
written notice from the commissioner that it is due; (4) any refund, if applicable, will
be paid after receipt of a letter from the commissioner stating that no further action is
required or after receipt of a letter of compliance.
(h) The fee specified in subsection (d) of this section shall be due in accordance
with the following schedule: (1) Nine hundred dollars shall be paid within thirty days
of receipt of a written notice of a fee due from the Commissioner of Environmental
Protection; (2) the balance, if any, shall be paid within thirty days of receipt from the
commissioner of written approval of a remedial action plan or within thirty days of the
issuance of an order, consent agreement or stipulated judgment, whichever is earlier;
(3) any remaining balance shall be paid within thirty days after receipt of written notice
from the commissioner that it is due; (4) any refund, if applicable, will be paid after
receipt of a letter from the commissioner stating that no further action is required or
after receipt of a letter of compliance.
(i) The commissioner may adopt regulations, in accordance with the provisions of
chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon
the adoption of such regulations, the fees required by this section shall be as prescribed
in such regulations.
(j) The fees specified in this section shall be paid by the certifying party.
(k) The fee for filing a Form III, on and after July 1, 1993, and before October 1,
1995, shall be as follows: (1) Twenty-three thousand dollars if the cost of remediation
is equal to or greater than one million dollars; (2) twenty thousand dollars if the cost of
remediation is equal to or greater than five hundred thousand dollars but less than one
million dollars; (3) fourteen thousand dollars if the cost of remediation is equal to or
greater than one hundred thousand dollars but less than five hundred thousand dollars;
(4) four thousand five hundred dollars if the cost of remediation is equal to or greater
than fifty thousand dollars but less than one hundred thousand dollars; (5) three thousand
dollars if the cost of remediation is equal to or greater than twenty-five thousand dollars
but less than fifty thousand dollars; and (6) two thousand dollars if the cost of remediation
is less than twenty-five thousand dollars.
(l) The fee specified in subsection (k) of this section shall be due in accordance with
the following schedule: (1) Two thousand dollars shall be paid upon the filing of the
notification required under section 22a-134a if the cost of remediation is less than one
hundred thousand dollars; (2) six thousand dollars shall be paid upon filing of the notification required under section 22a-134a if the cost of remediation is equal to or greater
than one hundred thousand dollars; (3) the balance, if any, shall be paid within thirty
days of receipt from the commissioner of written approval of a remedial action plan or
within thirty days of the issuance of an order, consent agreement or stipulated judgment,
whichever is earlier; (4) any remaining balance shall be paid within thirty days after
receipt of written notice from the commissioner that it is due; (5) any refund, if applicable, will be paid after receipt of a letter from the commissioner stating that no further
action is required or after receipt of a letter of compliance. After the deposit of any
appropriated funds, funds from the sale of bonds of the state or any contribution pursuant
to section 22a-16a, 22a-133t or 22a-133u or section 3 of public act 96-250* to the Special
Contaminated Property Remediation and Insurance Fund established under section 22a-133t, any amount received by the commissioner pursuant to this section shall be deposited into said fund.
(m) On and after October 1, 1995, the fee for filing a Form III or Form IV shall be
due in accordance with the following schedule: An initial fee of three thousand dollars
shall be submitted to the commissioner with the filing of a Form III or Form IV. If a
licensed environmental professional verifies the remediation of the establishment and
the commissioner has not notified the certifying party that the commissioner's written
approval of the remediation is required, no additional fee shall be due. If the commissioner notifies the certifying party that the commissioner's written approval of the remediation is required, the balance of the total fee shall be due prior to the commissioner's
issuance of the commissioner's final approval of the remediation.
(n) On and after October 1, 1995, the total fee for filing a Form III shall be as follows:
(1) Thirty-four thousand five hundred dollars if the total cost of remediation is equal to
or greater than one million dollars; (2) thirty thousand dollars if the total cost of remediation is equal to or greater than five hundred thousand dollars but less than one million
dollars; (3) twenty-one thousand dollars if the total cost of remediation is equal to or
greater than one hundred thousand dollars but less than five hundred thousand dollars;
(4) six thousand seven hundred fifty dollars if the total cost of remediation is equal to
or greater than fifty thousand dollars but less than one hundred thousand dollars; (5)
four thousand five hundred dollars if the total cost of remediation is equal to or greater
than twenty-five thousand dollars but less than fifty thousand dollars; and (6) three
thousand dollars if the total cost of remediation is less than twenty-five thousand dollars.
(o) On and after October 1, 1995, except as provided in subsection (p) of this section,
the total fee for filing a Form IV shall be as follows: (1) Seventeen thousand two hundred
fifty dollars if the total cost of remediation is equal to or greater than one million dollars;
(2) fifteen thousand dollars if the total cost of remediation is equal to or greater than
five hundred thousand dollars but less than one million dollars; (3) ten thousand five
hundred dollars if the total cost of remediation is greater than or equal to one hundred
thousand dollars but less than five hundred thousand dollars; (4) three thousand three
hundred seventy-five dollars if the total cost of remediation is equal to or greater than
fifty thousand dollars but less than one hundred thousand dollars; and (5) three thousand
dollars if the total cost of remediation is less than fifty thousand dollars.
(p) Notwithstanding any other provision of this section, the fee for filing a Form II
or Form IV for an establishment for which the commissioner has issued a written approval of a remediation under subsection (c) of section 22a-133x within three years of
the date of the filing of the form shall be the total fee for a Form III specified in subsection
(n) of this section and shall be due upon the filing of the Form II or Form IV.
(q) The requirements of this section shall not apply to a transfer of property to a
municipality under the provisions of section 12-157.
(P.A. 90-231, S. 5, 28; P.A. 91-369, S. 12, 36; P.A. 93-277, S. 1, 2; 93-435, S. 55, 95; P.A. 94-28, S. 1, 3; P.A. 95-183,
S. 8; 95-190, S. 11, 17; P.A. 96-113, S. 3-5, 14, 17; P.A. 99-216, S. 3, 4; 99-225, S. 9, 10, 21, 33; P.A. 01-204, S. 18-20;
June Sp. Sess. P.A. 01-9, S. 73, 131; June 30 Sp. Sess. P.A. 03-6, S. 119, 120; P.A. 05-285, S. 2.)
*Note: Section 3 of public act 96-250 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.
History: P.A. 91-369 inserted a new Subsec. (a) defining "cost of clean up", amended Subsecs. (b), (c) and (d) to specify
that the fee is for filing of notice under those subsections, amended Subsec. (d) to include in the requirements of that
subsection certain sites which had not been approved by the commissioner before July 1, 1990, amended Subsec. (e) to
specify that said subsection shall apply to transfer after July 1, 1990, amended Subsec. (g) to specify when certain portions
of fees due under this section shall be due, deleted former Subsec. (h) re setting of fees on and after July 1, 1995, and added
new Subsecs. concerning the setting of fees under this section by regulation and concerning payment of fees by the
transferee, relettering previously existing Subsecs. as necessary; P.A. 93-277 amended Subsecs. (g) and (h) to specify
procedures for payment of outstanding fee balances due and for refunds and added new Subsecs. (k) and (l) re a new
graduated fee schedule to be in effect after July 1, 1993, effective June 23, 1993; P.A. 93-435 made a technical correction,
effective June 28, 1993; P.A. 94-28 amended Subsec. (a) to add the definition of "notice" and amended Subsec. (j) to
provide for payment of fee for filing notice under Subsec. (c) by the party making such certification, effective July 1,
1994; P.A. 95-183 amended Subsec. (a) to change "cost of clean-up" to "cost of remediation", included postremediation
monitoring in such costs and deleted a definition of "notice", amended Subsecs. (b) to (e), (j) and (k) to replace references
to former notices with references to new specific forms and added new Subsecs. (m) and (n) re filing fees after October
1, 1995; P.A. 95-190 amended Subsec. (l) to provide that fees received under this section be deposited into the Special
Contaminated Property Remediation and Insurance Fund, effective July 1, 1996; P.A. 96-113 amended Subsec. (a) to
provide a more comprehensive definition of "cost of remediation", amended Subsec. (e) to include certain Form II filings
for measures not taken pursuant to an administrative order, amended Subsec. (l) to condition the timing of the initial deposit
of fees into the Special Contaminated Property Remediation and Insurance Fund, designated provisions formerly part of
Subsec. (m) as Subsec. (n), inserted new Subsec. (o) and relettered former Subsec. (n) as Subsec. (p), and made technical
revisions in the text and a minor revision in the fee schedule and procedures, effective May 24, 1996; P.A. 99-216 and
P.A. 99-225 amended Subsecs. (b), (o) and (p) to make technical changes, and P.A. 99-225 further amended section to
add new Subsec. (q) regarding transfers to municipalities under Sec. 12-157, effective June 29, 1999; P.A. 01-204 amended
Subsec. (j) to require fees specified in section to be paid by the certifying party, amended Subsec. (m) to substitute "establishment" for "parcel" and to make a technical change for purposes of gender neutrality and amended Subsec. (p) to substitute
"establishment" for "parcel"; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this
section; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (b) to increase fee for filing a Form I from $200 to $300 and fee for
filing a Form II from $700 to $1,050, amended Subsec. (m) to increase initial fee for filing a Form III or IV from $2,000
to $3,000, amended Subsec. (n) to increase total fee for filing a Form III by 50%, and amended Subsec. (o) to increase
total fee for filing a Form IV by 50%, effective August 20, 2003; P.A. 05-285 amended Subsec. (1) to delete reference to
repealed Sec. 12-63f, effective July 13, 2005.
See Sec. 22a-27i re exemption of municipality for one year.