Sec. 32-9dd. Transfer of remediated brownfields.
Sec. 32-9dd. Transfer of remediated brownfields. Upon remediation as approved by the Department of Environmental Protection of the brownfield property by
the municipality or economic development agency, the economic development agency
or the municipality may transfer the property to any person provided such a person is
not otherwise liable under section 22a-432, 22a-433, 22a-451 or 22a-452. The person
who acquires title from the municipality or economic development agency shall not be
liable under section 22a-432, 22a-433, 22a-451 or 22a-452, provided that such person
does not cause or contribute to the discharge, spillage, uncontrolled loss, seepage or
filtration of such hazardous substance, material or waste and such person is not a member, officer, manager, director, shareholder, subsidiary, successor of, related to, or affiliated with, directly or indirectly, the person who is otherwise liable under section 22a-432, 22a-433, 22a-451 or 22a-452. In addition, the Commissioner of Environmental
Protection shall also provide such person with a covenant not to sue pursuant to section
22a-133 and shall not require the prospective purchaser or owner to pay a fee. The
municipality or economic development agency shall distribute the proceeds from any
sale as follows: (1) Twenty per cent shall be retained by the municipality or economic
development agency and used for capital improvements for economic development,
and (2) eighty per cent shall be transferred to the Office of Brownfield Remediation and
Development and deposited in the account established pursuant to section 32-9ff.
(P.A. 06-184, S. 6.)
History: P.A. 06-184 effective July 1, 2006.