Sec. 52-577c. Limitation of action for damages caused by exposure to a hazardous chemical substance or mixture or hazardous pollutant.
Sec. 52-577c. Limitation of action for damages caused by exposure to a hazardous chemical substance or mixture or hazardous pollutant. (a) For the purposes
of this section: (1) "Environment" means any surface water, ground water, drinking
water supply, land surface or subsurface strata or ambient air within the state or under
the jurisdiction of the state; (2) "exposure" means any contact, ingestion, inhalation or
assimilation, including irradiation; (3) "hazardous chemical substance or mixture"
means petroleum, a petroleum product or any chemical substance or mixture for which
there is a federal standard, including any law, requirement, tolerance, prohibition, action
level or similar legal authority adopted by an agency pursuant to federal law, including
any such standard or legal authority adopted by a state or local government pursuant to
federal law, generally intended to prevent, reduce or mitigate the risk of a disease or
class or type of diseases to an individual or individuals resulting from exposure to such
chemical substance or mixture; (4) "hazardous pollutant" means any designated, specified or referenced chemical considered to be a "hazardous substance" under Section
101(14) of the Comprehensive Environmental Response, Compensation, and Liability
Act, 42 USC 9601(14); (5) "release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing
into the environment.
(b) Notwithstanding the provisions of sections 52-577 and 52-577a, no action to
recover damages for personal injury or property damage caused by exposure to a hazardous chemical substance or mixture or hazardous pollutant released into the environment
shall be brought but within two years from the date when the injury or damage complained of is discovered or in the exercise of reasonable care should have been discovered.
(c) The provisions of subsection (b) of this section shall not apply to an action
brought against (1) any municipal waterworks system established and operated under
chapter 102 or any special act, (2) any regional water authority established under any
general statute or special act, or (3) any water company as defined in section 16-1.
(P.A. 84-287; P.A. 98-140, S. 6.)
History: P.A. 98-140 redefined "hazardous chemical substance or mixture" to include petroleum and petroleum
products.
Cited. 205 C. 219. Cited. 214 C. 464. Cited. 238 C. 800.
Cited. 31 CA 824.
Subsec. (b):
Cited. 228 C. 905. Cited. 230 C. 12. Does not preempt Sec. 52-555. 277 C. 337.