Sec. 22a-449n. Remediation costs of removal or replacement of certain residential underground heating oil storage tank systems. Payment from subaccount for services commenced on or after July 1, 2001.
Sec. 22a-449n. Remediation costs of removal or replacement of certain residential underground heating oil storage tank systems. Payment from subaccount
for services commenced on or after July 1, 2001. Procedures. (a) As used in this
section, "registered contractor" means a person registered with the Commissioner of
Environmental Protection pursuant to section 22a-449k, "qualifying income" means
the owner's adjusted gross income, as defined in section 12-701, for the calendar year
immediately preceding the year in which costs eligible for payment were incurred under
this section and "costs eligible for payment" means costs that are reasonable for payment,
as determined by the guidelines established pursuant to section 22a-449d.
(b) If, in the course of removing or replacing a residential underground heating oil
storage tank system, a registered contractor finds that there has been a spill, as defined
in section 22a-452c, attributable to such a system, or if such contractor estimates that
the remediation of such spill is likely to cost more than ten thousand dollars then such
contractor shall immediately notify the Department of Environmental Protection. The
commissioner may assess the spill and confirm that the remediation proposed by the
contractor is appropriate and necessary, or may authorize an environmental professional
licensed under section 22a-133v to assess the spill and make such confirmation. Any
such remediation shall be subject to approval by the commissioner. The commissioner
may authorize an environmental professional licensed under section 22a-133v to make
a recommendation regarding such approval. The costs of an inspection pursuant to this
section shall be eligible for payment under the residential underground heating oil storage tank system clean-up subaccount established under subsection (b) of section 22a-449c. The commissioner may revoke a registration pursuant to section 22a-449k for
failure of a contractor to notify the department as required by this section.
(c) On or after July 1, 2001, to be eligible for payment pursuant to this section, an
owner shall submit the following information to the Commissioner of Environmental
Protection, in such form as the commissioner may require, prior to entering into a contract with a registered contractor for remediation of a spill attributable to a residential
underground heating oil storage tank system: (1) The name and Social Security number
of the property owner; (2) a verification that such tank serves the owner's primary
residence; (3) a verification of the owner's qualifying income; and (4) the name of the
registered contractor who will perform the remediation. The commissioner shall, not
later than thirty days following receipt of such information, send a written notice to the
owner that specifies whether the owner is eligible for payment under this section,
whether funds are available for the owner under this section and the amount of remediation costs for which the owner is responsible prior to receiving payment under this
section.
(d) Subject to the provisions of subsection (e) of this section, an owner may be
reimbursed for all reasonable costs for work commenced on or after July 1, 2001, in
accordance with the following: (1) If an owner's qualifying income is less than or equal
to fifty thousand dollars, the owner may be reimbursed for costs eligible for payment
in excess of five hundred dollars; (2) if an owner's qualifying income is greater than
fifty thousand dollars and less than or equal to one hundred thousand dollars, the owner
may be reimbursed for costs eligible for payment in excess of two thousand dollars; (3)
if an owner's qualifying income is greater than one hundred thousand dollars and less
than or equal to one hundred fifty thousand dollars, the owner may be reimbursed for
costs eligible for payment in excess of four thousand dollars; (4) if an owner's qualifying
income is greater than one hundred fifty thousand dollars and less than or equal to two
hundred thousand dollars, the owner may be reimbursed for costs eligible for payment
in excess of five thousand dollars; (5) if an owner's qualifying income is greater than
two hundred thousand dollars and less than or equal to two hundred fifty thousand
dollars, the owner may be reimbursed for costs eligible for payment in excess of seven
thousand five hundred dollars; (6) if an owner's qualifying income is greater than two
hundred fifty thousand dollars and less than or equal to five hundred thousand dollars,
the owner may be reimbursed for costs eligible for payment in excess of ten thousand
dollars; (7) if an owner's qualifying income is greater than five hundred thousand dollars,
the owner is not eligible for payment of costs. No registered contractor or any subcontractor of a registered contractor shall accept payment for any costs eligible for payment
from said subaccount until it has provided the owner with the information necessary to
apply for a disbursement pursuant to subsection (e) of this section.
(e) (1) On or after July 1, 2001, an owner shall submit to the Underground Storage
Tank Petroleum Clean-Up Account Review Board established under section 22a-449d
an application that is postmarked no later than December 31, 2001, for a disbursement
from the residential underground heating oil storage tank system clean-up subaccount,
documentation of all costs eligible for payment for work performed pursuant to a contract
with the owner for the remediation of a residential underground heating oil storage tank
system for the purpose of providing payment for the costs of such remediation, provided
such owner has complied with the provisions of subdivisions (1) and (2) of subsection
(a) of section 22a-449j and provided such remediation was completed on or before
December 1, 2001. Such payments shall be made in accordance with subsection (d) of
this section. Such owner shall provide to the review board a statement confirming that
the registered contractor has been engaged by such owner to remove or to replace such
residential underground heating oil storage tank system, except that a storage tank system and any associated ancillary equipment shall not be subject to such requirement
and perform the remediation and shall execute an instrument which provides for payment
to said account of any amounts realized by the owner, after any costs of litigation or
attorney's fees have been paid, from a judgment or settlement regarding any claim for
the costs of such remediation made against an insurance policy or any person.
(2) In any service contract entered into between a registered contractor and an owner
for the remediation of a residential underground heating oil storage tank system, the
registered contractor shall clearly identify all costs, including markup costs, that are not
or may not be eligible for payment from said subaccount.
(3) The owner shall submit documentation, satisfactory to the review board, of any
costs associated with such remediation. The review board may deny payment of remediation costs that the review board determines are unreasonable based on the guidelines
established pursuant to subsection (c) of section 22a-449d on and after the date the
review board establishes such guidelines. The review board shall deny any such costs
if the owner fails to comply with subsection (c) of this section and any such costs in
excess of fifty thousand dollars unless the commissioner determines such additional
costs are warranted to protect public health and the environment.
(4) A copy of the review board's decision shall be sent to the Commissioner of
Environmental Protection and to the owner by certified mail, return receipt requested.
The commissioner or owner aggrieved by a decision of the review board may, not more
than twenty days after the date the decision was issued, request a hearing before the
review board in accordance with chapter 54. After such hearing, the board shall consider
the information submitted to it and affirm or modify its decision. A copy of the affirmed
or modified decision shall be sent to the commissioner and owner by certified mail,
return receipt requested.
(5) No owner shall be entitled to reimbursement both under this section and section
22a-449l.
(June Sp. Sess. P.A. 01-9, S. 36, 131.)
History: June Sp. Sess. P.A. 01-9 effective July 1, 2001.