Sec. 22a-119. Hearing on application. Appointment of ad hoc members. Notice. Comments by state agencies. (a) Upon receipt by the council of an application
for a certificate, or an application for the amendment or transfer of a certificate, which
meets the requirements of section 22a-118, the council shall immediately notify the
Governor and the chief elected official of the municipality or municipalities in which
the proposed facility is to be located. The ad hoc members of the council shall be appointed within thirty days after the filing of the application. If the chief elected official
does not appoint the members within thirty days, the council shall appoint them within
ten days thereafter. Within sixty days after receipt of the application, the council shall
hold a meeting at which a date and location for the commencement of a public hearing
on the application shall be established, which public hearing shall begin not more than
one hundred eighty days after receipt of such application. At least one session of such
hearing shall be held after six-thirty p.m. for the convenience of the general public. Such
hearing shall be held at a location selected by the council, in the municipality in which
the proposed facility is to be located. If the proposed facility is to be located in more
than one municipality, the council shall fix the location for a public hearing in whichever
municipality it determines is most appropriate, provided the council may hold hearings
in more than one municipality.
(b) The council shall give not less than thirty days notice of the commencement of
the hearing by mailing a notice of the date, time and location of the commencement of
the hearing to the applicant and each person entitled under subsection (e) of section 22a-118 to receive a copy of the application. The council shall also cause a notice of the
date and location of the commencement of the hearing to be published, in ten-point
boldface type, in a newspaper of general circulation in each municipality in which the
proposed facility is to be located at least twenty days prior to the commencement of the
hearing.
(c) Hearings shall be held before a majority of the members of the council.
(d) During any hearing held pursuant to this section, the council shall take notice
of facts in a manner provided by section 4-178.
(e) Prior to commencing any hearing pursuant to this section the council shall consult with and solicit written comments from the Departments of Energy and Environmental Protection, Public Health, Economic and Community Development, Public Safety
and Transportation, the Office of Policy and Management and the Council on Environmental Quality. Copies of comments submitted by such agencies shall be available to
all parties prior to commencement of the public hearing. Agencies consulted may file
additional comments within thirty days of the conclusion of the hearing and such additional comments shall be a part of the record.
(f) The council shall render its decision within twelve months of receipt of the
application except that such time limit may be extended one hundred eighty days by
agreement of the council and applicant. If the council fails to render a decision within
such period, the applicant may apply to the superior court for the judicial district of
Hartford for an order requiring the council to render a decision immediately. The provisions of this subsection shall apply to an application filed before, on or after April
18, 1988.
(P.A. 80-472, S. 6, 14; P.A. 81-369, S. 7, 20; P.A. 84-307, S. 1, 3; P.A. 88-121, S. 2, 3; 88-230, S. 1, 12; 88-364, S. 37,
82, 123; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; P.A. 95-220, S. 4-6; 95-250, S. 1; 95-257, S. 12, 21,
58; P.A. 96-211, S. 1, 5, 6; P.A. 11-80, S. 1, 59.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 replaced board and environmental
protection commissioner with council, amended Subsec. (a) to establish time limits for procedures for the appointment of
ad hoc members including a time period within which members must be appointed and increased time limit for hearing
from 120 to 180 days after application, added Subsec. (e) requiring the council consult with and solicit written comments
from state agencies on the application and added Subsec. (f) requiring the council to render its decision within one year
of application, except upon mutual agreement of the council and applicant; P.A. 84-307 amended Subsec. (f) by decreasing
the time allowed for the council's decision from one year to ten months; P.A. 88-121 amended Subsec. (f) increasing the
council's time to render decisions on applications and specifying retroactive applicability; P.A. 88-230 replaced "judicial
district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-364 made
technical changes in Subsec. (f); P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September
1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective
June 14, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services,
effective July 1, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1,
1998, effective July 1, 1995; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 95-257 replaced Commissioner
and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective
July 1, 1995; P.A. 11-80 amended Subsec. (e) by changing "Department of Environmental Protection" to "Department of
Energy and Environmental Protection" and deleting reference to Department of Public Utility Control, effective July
1, 2011.
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Sec. 22a-133o. Environmental use restrictions: Requirements. Subordination
agreements. Releases. (a) An owner of land may execute and record an environmental
use restriction under sections 22a-133n to 22a-133r, inclusive, on the land records of
the municipality in which such land is located if (1) the commissioner has adopted
standards for the remediation of contaminated land pursuant to section 22a-133k and
adopted regulations pursuant to section 22a-133q, (2) the commissioner, or in the case
of land for which remedial action was supervised under section 22a-133y, a licensed
environmental professional, determines, as evidenced by his signature on such restriction, that it is consistent with the purposes and requirements of sections 22a-133n to
22a-133r, inclusive, and of such standards and regulations, and (3) such restriction will
effectively protect public health and the environment from the hazards of pollution.
(b) No owner of land may record an environmental use restriction on the land records
of the municipality in which such land is located unless he simultaneously records documents which demonstrate that each person holding an interest in such land or any part
thereof, including without limitation each mortgagee, lessee, lienor and encumbrancer,
irrevocably subordinates such interest to the environmental use restriction provided the
commissioner may waive such requirement if he finds that the interest in such land is
so minor as to be unaffected by the environmental use restriction. The commissioner
shall waive the requirement to obtain subordination agreements for any interest in land
that, when acted upon, is not capable of creating a condition contrary to any purpose of
such environmental use restriction. An environmental use restriction shall run with land,
shall bind the owner of the land and his successors and assigns, and shall be enforceable
notwithstanding lack of privity of estate or contract or benefit to particular land.
(c) Within seven days after executing an environmental use restriction and receiving
thereon the signature of the commissioner or licensed environmental professional, as
the case may be, the owner of the land involved therein shall record such restriction
and documents required under subsection (b) of this section on the land records of
the municipality in which such land is located and shall submit to the commissioner a
certificate of title certifying that each interest in such land or any part thereof is irrevocably subordinated to the environmental use restriction in accordance with said subsection (b).
(d) An owner of land with respect to which an environmental use restriction applies
may be released, wholly or in part, permanently or temporarily, from the limitations of
such restriction only with the commissioner's written approval which shall be consistent
with the regulations adopted pursuant to section 22a-133q and shall be recorded on the
land records of the municipality in which such land is located. The commissioner may
waive the requirement to record such release if he finds that the activity which is the
subject of such release does not affect the overall purpose for which the environmental
use restriction was implemented, or for a temporary release, the activity is sufficiently
limited in scope and duration, and does not alter the size of the area subject to the
environmental use restriction. The commissioner shall not approve any such permanent
release unless the owner demonstrates that he has remediated the land, or such portion
thereof as would be affected by the release, in accordance with the standards established
pursuant to section 22a-133k.
(e) An environmental use restriction shall survive foreclosure of a mortgage, lien
or other encumbrance.
(P.A. 94-198, S. 5, 13; P.A. 95-169, S. 2; 95-190, S. 12, 17; P.A. 96-113, S. 9, 17; P.A. 97-218, S. 2; P.A. 11-141, S. 12.)
History: P.A. 94-198 effective June 7, 1994; P.A. 95-169 amended Subsecs. (a) to (d), inclusive, to provide for the
recording of environmental use restrictions on town land records instead of in a registry maintained by the Commissioner
of Environmental Protection; P.A. 95-190 added provisions to allow licensed environmental professionals to sign environmental use restrictions and to provide that such restrictions be recorded on town land records rather than in registry
maintained by commissioner, effective June 29, 1995; P.A. 96-113 amended Subsecs. (b) and (c) to add provisions re
documentation supporting subordination agreements, effective May 24, 1996; P.A. 97-218 amended Subsec. (b) to provide
that the commissioner may waive requirements for documentation of a subordination agreement if he finds that the interest
to be subordinated is so minor as to be unaffected by the land use restriction, and amended Subsec. (d) to allow a waiver
of the recording of a release from the restriction under this section if he finds that the activity which is the subject of the
release does not affect the overall purpose of the restriction and does not alter the size of the area subject to the restriction;
P.A. 11-141 changed "environmental land use restriction" to "environmental use restriction" in Subsecs. (b) and (d),
amended Subsec. (b) to require commissioner to waive requirement for subordination agreements for land interest that
cannot create a condition contrary to environmental use restriction's purpose, amended Subsec. (c) to change time frame
from "within seven days of" to "within seven days after", and amended Subsec. (d) to specify that release may be permanent
or temporary, to require activity to be limited in scope and duration for a temporary release and to specify that commissioner
shall not approve a permanent release unless owner demonstrates remediation according to standards, effective July 8, 2011.
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Sec. 22a-133p. Environmental use restrictions: Enforcement. (a) The Attorney
General, at the request of the commissioner, shall institute a civil action in the superior
court for the judicial district of Hartford or for the judicial district wherein the subject
land is located for injunctive or other equitable relief to enforce an environmental use
restriction or the provisions of sections 22a-133n to 22a-133q, inclusive, and regulations
adopted thereunder or to recover a civil penalty pursuant to subsection (e) of this section.
(b) The commissioner may issue orders pursuant to sections 22a-6 and 22a-7 to
enforce an environmental use restriction or the provisions of sections 22a-133n to 22a-133q, inclusive, and regulations adopted thereunder.
(c) In any administrative or civil proceeding instituted by the commissioner to enforce an environmental use restriction or the provisions of sections 22a-133n to 22a-133q, inclusive, and regulations adopted thereunder, any other person may intervene as
a matter of right.
(d) In any civil or administrative action to enforce an environmental use restriction
or the provisions of sections 22a-133n to 22a-133q, inclusive, and regulations adopted
thereunder, the owner of the subject land, and any lessee thereof, shall be strictly liable
for any violation of such restriction or the provisions of sections 22a-133n to 22a-133q,
inclusive, and regulations adopted thereunder and shall be jointly and severally liable
for abating such violation.
(e) Any owner of land with respect to which an environmental use restriction applies, and any lessee of such land, who violates any provision of such restriction or
violates the provisions of sections 22a-133n to 22a-133q, inclusive, and regulations
adopted thereunder shall be assessed a civil penalty under section 22a-438. The penalty
provided in this subsection shall be in addition to any injunctive or other equitable relief.
(P.A. 88-230, S. 1, 2; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 94-198, S. 6, 13; P.A. 95-190, S. 13, 17; 95-220,
S. 4-6; P.A. 11-141, S. 13.)
History: P.A. 94-198 effective June 7, 1994 (Revisor's note: P.A. 88-230, P.A. 90-98 and P.A. 93-142 authorized
substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and special acts of
the 1994 regular and special sessions, effective September 1, 1996); P.A. 95-190 amended Subsec. (a) to correct an internal
reference, effective June 29, 1995; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to
September 1, 1998, effective July 1, 1995; P.A. 11-141 added references to provisions of Secs. 22a-133n to 22a-133q and
regulations adopted thereunder, effective July 8, 2011.
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Sec. 22a-133q. Environmental use restrictions: Regulations. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to carry
out the purposes of sections 22a-133n to 22a-133r, inclusive. Such regulations may
include, but not be limited to, provisions regarding the form, contents, fees, financial
surety, monitoring and reporting, filing procedure for, and release from, environmental
use restrictions.
(P.A. 94-198, S. 7, 13; P.A. 11-141, S. 14.)
History: P.A. 94-198 effective June 7, 1994; P.A. 11-141 added "fees, financial surety, monitoring and reporting" re
regulations provisions, effective July 8, 2011.
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Sec. 22a-133aa. Covenant not to sue prospective purchasers or owners of contaminated land. Approval of remediation plan by commissioner. Fee. (a) The Commissioner of Energy and Environmental Protection may enter into a covenant not to sue
with any prospective purchaser or owner of contaminated real property provided (1) a
detailed written plan for remediation of the property, in accordance with standards
adopted by said commissioner pursuant to section 22a-133k, has been approved by the
Commissioner of Energy and Environmental Protection, which plan shall be incorporated by reference in the covenant, (2) the Commissioner of Energy and Environmental
Protection has approved a final remedial action report for such property, or (3) if before
any approval by the commissioner of a detailed written plan or final remedial action
report for such property, the commissioner has approved a brownfield investigation plan
and remediation schedule, as defined in subsection (f) of section 22a-133aa, which
investigation plan and remediation schedule shall be incorporated by reference in the
covenant. No such covenant may be entered into unless such purchaser or owner has
demonstrated to the satisfaction of the commissioner that such purchaser or owner (A)
did not establish or create a facility or condition at or on such property which reasonably
can be expected to create a source of pollution to the waters of the state for purposes of
section 22a-432 and has not maintained any such facility or condition at such property
for purposes of said section, and such purchaser is not responsible pursuant to any other
provision of the general statutes for any pollution or source of pollution on the property;
(B) is not affiliated with any person responsible for such pollution or source of pollution
through any direct or indirect familial relationship or any contractual, corporate or financial relationship other than that by which such purchaser's interest in such property is
to be conveyed or financed; and (C) will redevelop the property for productive use or
continue productive use of such property provided the commissioner determines that
the covenant not to sue is in the public interest. Upon the request of a successor of an
original holder of a covenant issued under this section, the commissioner shall enter
into such covenant with such successor if such successor certifies to the satisfaction of
the commissioner that such successor complies with subparagraphs (A), (B) and (C) of
this subsection. The commissioner may enter into a covenant not to sue with any lending
institution to whom a prospective purchaser of contaminated real property conveys a
security interest in such property provided such institution has demonstrated to the satisfaction of the commissioner that such institution did not establish or create a facility or
condition at or on such property which reasonably can be expected to create a source
of pollution to the waters of the state for purposes of section 22a-432 and has not maintained any such facility or condition at such property for purposes of said section, and
such institution is not responsible pursuant to any other provision of the general statutes
for any pollution or source of pollution on the property. Any covenant issued to a lending
institution under this section shall be effective with respect to any lending institution
which is a successor in interest to the original lending institution provided such successor
lending institution did not establish or create a facility or condition at or on such property
which reasonably can be expected to create a source of pollution to the waters of the state
for purposes of section 22a-432 and has not maintained any such facility or condition at
such property for purposes of said section, and such institution is not responsible pursuant to any other provision of the general statutes for any pollution or source of pollution
on the property.
(b) Any covenant entered into under this section shall release only those claims said
commissioner may have which are related to pollution or contamination on or emanating
from the property, which contamination resulted from a discharge, spillage, uncontrolled
loss, seepage or filtration on such property prior to the effective date of the covenant.
Such covenant shall provide that the commissioner will not take any action against the
holder of the covenant to require remediation of the parcel or any other action against
such holder related to such discharge, spillage, uncontrolled loss, seepage or filtration
unless (1) prior to the commissioner's approval of a detailed written plan for remediation
pursuant to a brownfields investigation plan and remediation schedule, the commissioner finds that there is substantial noncompliance with such investigation plan and
remediation schedule and there has not been a good faith effort to substantially comply
therewith, (2) such property is not remediated in accordance with the detailed written
plan approved by the commissioner and incorporated by reference in such covenant,
(3) prior to completion of remediation in accordance with such plan, the commissioner
finds that there is substantial noncompliance with any such plan and there has not been
a good faith effort to substantially comply therewith, (4) remediation of the parcel in
accordance with any detailed written plan for remediation did not comply with standards
adopted by the commissioner pursuant to section 22a-133k which were in effect as of
the effective date of either the covenant or the commissioner's approval of the detailed
written plan for remediation, whichever is later, (5) if required by the standards adopted
by the commissioner pursuant to section 22a-133k, an environmental land use restriction
has not been recorded in accordance with section 22a-133o or there has been a failure
to comply with the provisions of such a restriction, (6) for a property subject to the
brownfield plan and remediation schedule, the commissioner does not approve a detailed
written plan for remediation, or (7) the prospective buyer or owner fails to pay the
fee, including the failure to pay in accordance with any payment schedule pursuant to
subsection (c) of this section.
(c) (1) Any prospective purchaser or owner receiving a covenant not to sue pursuant
to this section shall pay to the commissioner a fee equal to three per cent of the value
of the property for which the covenant was issued provided such property is appraised
as if it were uncontaminated. Such fee shall be deposited into the Special Contaminated
Property Remediation and Insurance Fund established under section 22a-133t. No such
fee shall be required for a covenant issued to a successor in interest to the original
covenant, for a covenant issued in connection with a remediation project conducted
under section 22a-133m, or for a municipality or municipal economic development
agency or a nonprofit economic development corporation formed to promote the common good, general welfare and economic development of a municipality that is funded,
either directly or through in-kind services, in part by a municipality and such corporation's officers and directors.
(2) Notwithstanding any other provision, the commissioner may approve a written
payment schedule of the fee set forth in subdivision (1) of subsection (c) of this section,
for a prospective purchaser or owner receiving the covenant not to sue and who has a
brownfield investigation plan and remediation schedule approved by the commissioner.
Any such payment schedule shall be incorporated by reference into the covenant.
(d) A covenant not to sue issued under this section may provide for continued monitoring in accordance with the remediation standards adopted under section 22a-133k,
and, if further remediation is necessary based upon the results of such monitoring, that
further action will be taken to remediate the property in accordance with such standards.
(e) A covenant not to sue issued under this section shall not preclude the commissioner from taking any appropriate action, including, but not limited to, any action to
require remediation of the property, if he determines that the covenant not to sue was
based on information provided by the person seeking the covenant which information
such person knew, or had reason to know, was false or misleading.
(f) A "brownfield investigation plan and remediation schedule" means a plan and
schedule for investigation, and a schedule for remediation, of any abandoned or underutilized site where redevelopment and reuse has not occurred due to the presence of pollution on the soil or groundwater that requires remediation prior to or in conjunction
with the restoration, redevelopment and reuse of the property. The commissioner may
determine for each property whether the commissioner will oversee the investigation
and remediation of the property or whether such oversight will be delegated to a licensed
environmental professional. For each property subject to a covenant under this section
based on an approved brownfield investigation plan and remediation schedule, the owner
or prospective purchaser shall perform all investigation and remediation activities under
the direction of a licensed environmental professional, and shall ensure that all documents required to be submitted contain a written approval of a licensed environmental
professional, even at properties for which the commissioner has not delegated oversight
to a licensed environmental professional. Each investigation plan and remediation
schedule shall provide a schedule for activities including, but not limited to, completion
of the investigation of the property in accordance with prevailing standards and guidelines, submittal of a complete investigation report, submittal of a detailed written plan
for remediation, completion of remediation in accordance with standards adopted by
said commissioner pursuant to section 22a-133k, and submittal of a final remedial action
report. At a minimum, the detailed written plan for remediation shall be submitted,
pursuant to the schedule, for the commissioner's review and, as appropriate, approval.
If the commissioner approves the detailed written plan for remediation, the plan shall
be considered incorporated by reference into the covenant not to sue. The commissioner
may require submittal of other plans and reports for the commissioner's review and
approval.
(g) Any prospective purchaser or municipality remediating property pursuant to the
abandoned brownfield cleanup program established pursuant to section 32-9ll, shall
qualify for a covenant not to sue from the Commissioner of Energy and Environmental
Protection without fee. Such covenant not to sue shall be transferable to subsequent
owners provided the property is undergoing remediation or is remediated in accordance
with subsection (g) of said section 32-9ll.
(P.A. 96-113, S. 10, 17; P.A. 98-253, S. 4; P.A. 07-233, S. 12; P.A. 10-32, S. 86; P.A. 11-80, S. 1; 11-141, S. 11.)
History: P.A. 96-113 effective May 24, 1996; P.A. 98-253 authorized covenants with owners of real property under
this section, required approval by the commissioner of remediation plans prior to approving covenants, and added provision
in Subsec. (b)(4) re failure to comply with restriction provisions; P.A. 07-233 added Subsec. (a)(3) re investigation plan
and remediation schedule, added new Subsec. (b)(1) re finding of substantial noncompliance with plan and schedule,
redesignated existing Subsec. (b)(1) to (4) as Subsec. (b)(2) to (5), added Subsec. (b)(6) and (7) re nonapproval of remediation plan and failure to pay fee, redesignated existing Subsec. (c) as Subsec. (c)(1), exempted municipalities, municipal
economic development agencies and certain nonprofit economic development corporations from fee required in Subsec.
(c)(1), added Subsec. (c)(2) re payment schedules, added Subsec. (f) re brownfield investigation plan and remediation
schedule and made conforming technical changes, effective July 1, 2007; P.A. 10-32 made a technical change in Subsec.
(b)(7), effective May 10, 2010; pursuant to P.A. 11-80, "Commissioner of Environmental Protection" was changed editorially by the Revisors to "Commissioner of Energy and Environmental Protection" in Subsecs. (a) and (g), effective July 1,
2011; P.A. 11-141 added Subsec. (g) re properties in abandoned brownfield cleanup program, effective July 8, 2011.
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Sec. 22a-133ff. Municipal liability for easement acquired for recreational use.
(a) For purposes of this section, "charge" has the same meaning as provided in section
52-557f, except that "charge" does not include tax revenue collected pursuant to title
12 by any owner, as defined in said section 52-557f, "hazardous waste" has the same
meaning as provided in section 22a-115, and "pollution" has the same meaning as provided in section 22a-423.
(b) Notwithstanding any provision of the general statutes or regulations to the contrary, any municipality with a population greater than ninety thousand people that acquires an easement over property of another that is duly recorded on the land records
for the purpose of making the property included in such easement available to the public
for recreational use without charge, rent, fee or other commercial service shall not be
liable to the state for any fines, penalties or costs of investigation or remediation with
respect to any pollution or source of pollution or contamination by hazardous waste on
or emanating from such easement area, provided such pollution or source of pollution
or contamination by hazardous waste (1) occurred or existed on such property prior to
the municipality's acquisition of such easement, and (2) was not caused or created by
or contributed to by such municipality or by an agent of such municipality and provided
such municipality, or the use of such easement area by the public, does not contribute
to or exacerbate such existing pollution or source of pollution or contamination by
hazardous waste or prevent the investigation or remediation of such pollution or contamination. Such municipality shall not interfere with, and shall provide access to, other
persons who are investigating and remediating any such pollution or source of pollution
or contamination by hazardous waste. This section does not limit or affect the liability
of the owner or operator of the property on which such easement is located under any
other provision of law, including, but not limited to, any obligation to address any such
pollution or source of pollution or contamination by hazardous waste, or from any fines
or penalties.
(c) Any municipality that acquires an easement for recreational use as provided in
subsection (b) of this section shall ensure that any pollution or source of pollution or
contamination from hazardous waste, on or emanating from such easement area, does
not pose a risk to the public based upon the use of such easement.
(P.A. 11-61, S. 140; 11-141, S. 20.)
History: P.A. 11-61 amended Subsec. (a) to redefine "charge".
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Sec. 22a-134. *(See end of section for amended version of subdivision (1) and
effective date.) Transfer of hazardous waste establishments: Definitions. For the
purposes of this section and sections 22a-134a to 22a-134d, inclusive:
*(1) "Transfer of establishment" means any transaction or proceeding through
which an establishment undergoes a change in ownership, but does not mean:
(A) Conveyance or extinguishment of an easement;
(B) Conveyance of an establishment through a foreclosure, as defined in subsection
(b) of section 22a-452f, foreclosure of a municipal tax lien or through a tax warrant sale
pursuant to section 12-157, an exercise of eminent domain pursuant to section 8-128,
8-169e or 8-193 or by condemnation pursuant to section 32-224 or purchase pursuant
to a resolution by the legislative body of a municipality authorizing the acquisition
through eminent domain for establishments that also meet the definition of a brownfield,
as defined in section 32-9kk or a subsequent transfer by such municipality that has
foreclosed on the property, foreclosed municipal tax liens or that has acquired title
to the property through section 12-157, or is within the pilot program established in
subsection (c) of section 32-9cc, or has acquired such property through the exercise of
eminent domain pursuant to section 8-128, 8-169e or 8-193 or by condemnation pursuant
to section 32-224 or a resolution adopted in accordance with this subparagraph, provided
(i) the party acquiring the property from the municipality did not establish, create or
contribute to the contamination at the establishment and is not affiliated with any person
who established, created or contributed to such contamination or with any person who
is or was an owner or certifying party for the establishment, and (ii) on or before the
date the party acquires the property from the municipality, such party or municipality
enters and subsequently remains in the voluntary remediation program administered
by the commissioner pursuant to section 22a-133x and remains in compliance with
schedules and approvals issued by the commissioner. For purposes of this subparagraph,
subsequent transfer by a municipality includes any transfer to, from or between a municipality, municipal economic development agency or entity created or operating under
chapter 130 or 132, a nonprofit economic development corporation formed to promote
the common good, general welfare and economic development of a municipality that
is funded, either directly or through in-kind services, in part by a municipality, or a
nonstock corporation or limited liability company controlled or established by a municipality, municipal economic development agency or entity created or operating under
chapter 130 or 132;
(C) Conveyance of a deed in lieu of foreclosure to a lender, as defined in and that
qualifies for the secured lender exemption pursuant to subsection (b) of section 22a-452f;
(D) Conveyance of a security interest, as defined in subdivision (7) of subsection
(b) of section 22a-452f;
(E) Termination of a lease and conveyance, assignment or execution of a lease for
a period less than ninety-nine years including conveyance, assignment or execution of
a lease with options or similar terms that will extend the period of the leasehold to ninety-nine years, or from the commencement of the leasehold, ninety-nine years, including
conveyance, assignment or execution of a lease with options or similar terms that will
extend the period of the leasehold to ninety-nine years, or from the commencement of
the leasehold;
(F) Any change in ownership approved by the Probate Court;
(G) Devolution of title to a surviving joint tenant, or to a trustee, executor or administrator under the terms of a testamentary trust or will, or by intestate succession;
(H) Corporate reorganization not substantially affecting the ownership of the establishment;
(I) The issuance of stock or other securities of an entity which owns or operates an
establishment;
(J) The transfer of stock, securities or other ownership interests representing less
than forty per cent of the ownership of the entity that owns or operates the establishment;
(K) Any conveyance of an interest in an establishment where the transferor is the
sibling, spouse, child, parent, grandparent, child of a sibling or sibling of a parent of the
transferee;
(L) Conveyance of an interest in an establishment to a trustee of an inter vivos trust
created by the transferor solely for the benefit of one or more siblings, spouses, children,
parents, grandchildren, children of a sibling or siblings of a parent of the transferor;
(M) Any conveyance of a portion of a parcel upon which portion no establishment
is or has been located and upon which there has not occurred a discharge, spillage,
uncontrolled loss, seepage or filtration of hazardous waste, provided either the area of
such portion is not greater than fifty per cent of the area of such parcel or written notice
of such proposed conveyance and an environmental condition assessment form for such
parcel is provided to the commissioner sixty days prior to such conveyance;
(N) Conveyance of a service station, as defined in subdivision (5) of this section;
(O) Any conveyance of an establishment which, prior to July 1, 1997, had been
developed solely for residential use and such use has not changed;
(P) Any conveyance of an establishment to any entity created or operating under
chapter 130 or 132, or to an urban rehabilitation agency, as defined in section 8-292, or
to a municipality under section 32-224, or to the Connecticut Development Authority
or any subsidiary of the authority;
(Q) Any conveyance of a parcel in connection with the acquisition of properties to
effectuate the development of the overall project, as defined in section 32-651;
(R) The conversion of a general or limited partnership to a limited liability company
under section 34-199;
(S) The transfer of general partnership property held in the names of all of its general
partners to a general partnership which includes as general partners immediately after
the transfer all of the same persons as were general partners immediately prior to the
transfer;
(T) The transfer of general partnership property held in the names of all of its general
partners to a limited liability company which includes as members immediately after
the transfer all of the same persons as were general partners immediately prior to the
transfer;
(U) Acquisition of an establishment by any governmental or quasi-governmental
condemning authority;
(V) Conveyance of any real property or business operation that would qualify as
an establishment solely as a result of (i) the generation of more than one hundred kilograms of universal waste in a calendar month, (ii) the storage, handling or transportation
of universal waste generated at a different location, or (iii) activities undertaken at a
universal waste transfer facility, provided any such real property or business operation
does not otherwise qualify as an establishment; there has been no discharge, spillage,
uncontrolled loss, seepage or filtration of a universal waste or a constituent of universal
waste that is a hazardous substance at or from such real property or business operation;
and universal waste is not also recycled, treated, except for treatment of a universal
waste pursuant to 40 CFR 273.13(a)(2) or (c)(2) or 40 CFR 273.33 (a)(2) or (c)(2), or
disposed of at such real property or business operation;
(W) Conveyance of a unit in a residential common interest community in accordance with section 22a-134i;
(X) Acquisition of an establishment that is in the abandoned brownfield cleanup
program established pursuant to section 32-9ll and all subsequent transfers of the establishment, provided the establishment is undergoing remediation or is remediated in
accordance with subsection (g) of said section 32-9ll;
(Y) Any transfer of title from a bankruptcy court or a municipality to a nonprofit
organization; or
(Z) Acquisition of an establishment that is in the brownfield remediation and revitalization program and all subsequent transfers of the establishment, provided the establishment is in compliance with the brownfield investigation plan and remediation schedule,
the commissioner has issued a no audit letter or successful audit closure letter in response
to a verification or interim verification submitted regarding the remediation of such
establishment under the brownfield remediation and revitalization program, or one hundred eighty days has expired since a verification or interim verification submitted regarding the remediation of such establishment under the brownfield remediation and revitalization program without an audit decision from the Commissioner of Energy and
Environmental Protection;
(2) "Commissioner" means the Commissioner of Energy and Environmental Protection or the designated agent of the commissioner;
(3) "Establishment" means any real property at which or any business operation
from which (A) on or after November 19, 1980, there was generated, except as the
result of remediation of polluted soil, groundwater or sediment, more than one hundred
kilograms of hazardous waste in any one month, (B) hazardous waste generated at a
different location was recycled, reclaimed, reused, stored, handled, treated, transported
or disposed of, (C) the process of dry cleaning was conducted on or after May 1, 1967,
(D) furniture stripping was conducted on or after May 1, 1967, or (E) a vehicle body
repair facility was located on or after May 1, 1967;
(4) "Hazardous waste" means any waste which is (A) hazardous waste identified
in accordance with Section 3001 of the federal Resource Conservation and Recovery
Act of 1976, 42 USC 6901 et seq., (B) hazardous waste identified by regulations adopted
by the Commissioner of Energy and Environmental Protection, or (C) polychlorinated
biphenyls in concentrations greater than fifty parts per million except that sewage, sewage sludge and lead paint abatement wastes shall not be considered to be hazardous
waste for the purposes of this section and sections 22a-134a to 22a-134d, inclusive;
(5) "Service station" means a retail operation involving the resale of motor vehicle
fuel including, but not limited to, gasoline, diesel fuel and kerosene and which operation
does not otherwise meet the definition of an establishment;
(6) "Certifying party" means, in the case of a Form III or Form IV, a person associated with the transfer of an establishment who signs a Form III or Form IV and who
agrees to investigate the parcel in accordance with prevailing standards and guidelines
and to remediate pollution caused by any release at the establishment in accordance
with the remediation standards and, in the case of a Form I or Form II, a transferor of
an establishment who signs the certification on a Form I or II;
(7) "Party associated with the transfer of an establishment" means (A) the present
or past owner or operator of the establishment, (B) the owner of the real property on
which the establishment is located, (C) the transferor, transferee, lender, guarantor or
indemnitor, (D) the business entity which operates or operated the establishment, or (E)
the state;
(8) "Remediation standards" means regulations adopted by the commissioner pursuant to section 22a-133k;
(9) "Parcel" means piece, parcel or tract of land which constitutes an establishment,
as defined in subdivision (3) of this section, or on which is or was located any business
operation which constitutes an establishment;
(10) "Form I" means a written certification by the transferor of an establishment
on a form prescribed and provided by the commissioner that: (A) No discharge, spillage,
uncontrolled loss, seepage or filtration of hazardous waste or a hazardous substance has
occurred at the establishment which certification is based on an investigation of the
parcel in accordance with prevailing standards and guidelines, or (B) no discharge spillage, uncontrolled loss, seepage or filtration of hazardous waste has occurred at the establishment based upon an investigation of the parcel in accordance with the prevailing
standards and guidelines and the commissioner has determined, in writing, or a licensed
environmental professional has verified, in writing, that any discharge, spillage, uncontrolled loss, seepage or filtration of a hazardous substance has been remediated in accordance with the remediation standards and that since any such written approval or verification, including any approval or verification for a portion of an establishment, no
discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste or hazardous substances has occurred at any portion of the establishment;
(11) "Form II" means a written certification by the transferor of an establishment
on a form prescribed and provided by the commissioner that the parcel has been investigated in accordance with prevailing standards and guidelines and that (A) any pollution
caused by a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous
waste or a hazardous substance which has occurred from the establishment has been
remediated in accordance with the remediation standards and that the remediation has
been approved in writing by the commissioner or has been verified pursuant to section
22a-133x or section 22a-134a in writing attached to such form by a licensed environmental professional to have been performed in accordance with the remediation standards
and that since any such written approval or verification, including any approval or verification for a portion of an establishment, no discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste or hazardous substances has occurred at any portion
of the establishment, (B) the commissioner has determined in writing or a licensed
environmental professional has verified pursuant to section 22a-133x or section 22a-134a in writing, attached to the form that no remediation is necessary to achieve compliance with the remediation standards, or (C) a Form IV verification was previously submitted to the commissioner and, since the date of the submission of the Form IV, no
discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste or a hazardous substance has occurred at the establishment, which certification is based on an
investigation of the parcel in accordance with prevailing standards and guidelines;
(12) "Form III" means a written certification signed by a certifying party on a form
prescribed and provided by the commissioner, which certification states that (A) a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste or a hazardous substance has occurred at the establishment or the environmental conditions at the
establishment are unknown, and (B) that the person signing the certification agrees to
investigate the parcel in accordance with prevailing standards and guidelines and to
remediate pollution caused by any release of a hazardous waste or hazardous substance
from the establishment in accordance with the remediation standards;
(13) "Form IV" means a written certification signed by one or more certifying parties on a form prescribed and provided by the commissioner and which is accompanied
by a written determination by the commissioner or by a verification by a licensed environmental professional pursuant to section 22a-134a or 22a-133x, which certification
states and is accompanied by documentation demonstrating that the parcel has been
investigated in accordance with prevailing standards and guidelines and that (A) there
has been a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste
or a hazardous substance on the establishment, and (B) all actions to remediate any
pollution caused by any release at the establishment have been taken in accordance
with the remediation standards except postremediation monitoring, natural attenuation
monitoring or the recording of an environmental land use restriction, and (C) the person
or persons signing the certification agree, in accordance with the representations made
in the form, to conduct postremediation monitoring or natural attenuation monitoring
in accordance with the remediation standards and if further investigation and remediation are necessary to take further action to investigate the establishment in accordance
with prevailing standards and guidelines and to remediate the establishment in accordance with the remediation standards;
(14) "Person" means person, as defined in section 22a-2;
(15) "Remediate" means to contain, remove or abate pollution, potential sources
of pollution and substances in soil or sediment which pose an unacceptable risk to human
health or the environment and includes, but is not limited to, the reduction of pollution
by natural attenuation;
(16) "Licensed environmental professional" means an environmental professional
licensed pursuant to section 22a-133v;
(17) "Environmental condition assessment form" means a form prescribed and provided by the commissioner, prepared under the supervision of a licensed environmental
professional, and executed by (A) the certifying party under sections 22a-134 to 22a-134e, inclusive, or (B) the owner of the property under section 22a-133x which form
describes the environmental conditions at the parcel;
(18) "Pollution" means pollution, as defined in section 22a-423;
(19) "Verification" means the rendering of a written opinion by a licensed environmental professional on a form prescribed by the commissioner that an investigation of
the parcel has been performed in accordance with prevailing standards and guidelines
and that the establishment has been remediated in accordance with the remediation
standards;
(20) "Vehicle" means any motorized device for conveying persons or objects except
for an aircraft, boat, railroad car or engine, or farm tractor;
(21) "Business operation" means any business that has, or any series of substantially
similar businesses that have, operated continuously or with only brief interruption on
the same parcel, either with a single owner or successive owners;
(22) "Corporate reorganization not substantially affecting the ownership of an establishment" means implementation of a business plan to restructure a corporation
through a merger, spin-off or other plan or reorganization under which the direct owner
of the establishment does not change;
(23) "Form IV verification" means the rendering of a written opinion by a licensed
environmental professional, after a Form IV has been filed, that postremediation monitoring, natural attenuation or the recording of an environmental land use restriction has
been completed in accordance with the Form IV;
(24) "Hazardous substance" means hazardous substance, as defined in Section 101
of the Comprehensive Environmental Response, Compensation, and Liability Act of
1980, 42 USC 9601, or a petroleum product or by-product for which there are remediation standards adopted pursuant to section 22a-133k or for which such remediation
standards have a process for calculating the numeric criteria of such substance;
(25) "Sediment" means unconsolidated material occurring in a stream, pond, wetland estuary or other water body;
(26) "Universal waste" means batteries, pesticides, thermostats, lamps and used
electronics regulated as a universal waste under regulations adopted pursuant to subsection (c) of section 22a-449. "Universal waste" does not mean (A) batteries, pesticides,
thermostats and lamps that are not covered under 40 CFR Part 273, or (B) used electronics that are not regulated as a universal waste under regulations adopted pursuant to
subsection (c) of section 22a-449;
(27) "Universal waste transfer facility" means any facility related to transportation,
including loading docks, parking areas, storage areas and other similar areas where
shipments of universal waste are held during the normal course of transportation for ten
days or less;
(28) "Interim verification" means a written opinion by a licensed environmental
professional, on a form prescribed by the commissioner, that (A) the investigation has
been performed in accordance with prevailing standards and guidelines, (B) the remediation has been completed in accordance with the remediation standards, except that, for
remediation standards for groundwater, the selected remedy is in operation but has not
achieved the remediation standards for groundwater, (C) identifies the long-term remedy
being implemented to achieve groundwater standards, the estimated duration of such
remedy, and the ongoing operation and maintenance requirements for continued operation of such remedy, and (D) there are no current exposure pathways to the groundwater
area that have not yet met the remediation standards.
(P.A. 85-568, S. 2; P.A. 87-475, S. 1; P.A. 95-183, S. 1; P.A. 96-113, S. 1, 17; P.A. 97-218, S. 1; P.A. 98-253, S. 2;
Dec. Sp. Sess. P.A. 98-1, S. 35, 43; P.A. 99-225, S. 6; 99-241, S. 56, 66; P.A. 00-140, S. 24, 40; P.A. 01-204, S. 15; June
Sp. Sess. P.A. 01-9, S. 73, 131; P.A. 03-19, S. 58-61; 03-218, S. 5, 6; P.A. 06-76, S. 11, 13, 14; 06-184, S. 3; P.A. 07-81,
S. 3; P.A. 08-124, S. 15, 16; P.A. 09-235, S. 2, 8; P.A. 11-80, S. 1; 11-141, S. 10.)
*Note: On and after January 1, 2014, subdivision (1) of this section, as amended by
section 53 of public act 11-241, is to read as follows:
"(1) "Transfer of establishment" means any transaction or proceeding through
which an establishment undergoes a change in ownership, but does not mean:
(A) Conveyance or extinguishment of an easement;
(B) Conveyance of an establishment through a foreclosure, as defined in subsection
(b) of section 22a-452f, foreclosure of a municipal tax lien or through a tax warrant sale
pursuant to section 12-157, an exercise of eminent domain pursuant to section 8-128,
8-169e or 8-193 or by condemnation pursuant to section 32-224 or purchase pursuant
to a resolution by the legislative body of a municipality authorizing the acquisition
through eminent domain for establishments that also meet the definition of a brownfield,
as defined in section 32-9kk, or a subsequent transfer by such municipality that has
foreclosed on the property, foreclosed municipal tax liens or that has acquired title
to the property through section 12-157, or is within the pilot program established in
subsection (c) of section 32-9cc, or has acquired such property through the exercise of
eminent domain pursuant to section 8-128, 8-169e or 8-193 or by condemnation pursuant
to section 32-224 or a resolution adopted in accordance with this subparagraph, provided
(i) the party acquiring the property from the municipality did not establish, create or
contribute to the contamination at the establishment and is not affiliated with any person
who established, created or contributed to such contamination or with any person who
is or was an owner or certifying party for the establishment, and (ii) on or before the
date the party acquires the property from the municipality, such party or municipality
enters and subsequently remains in the voluntary remediation program administered
by the commissioner pursuant to section 22a-133x and remains in compliance with
schedules and approvals issued by the commissioner. For purposes of this subparagraph,
subsequent transfer by a municipality includes any transfer to, from or between a municipality, municipal economic development agency or entity created or operating under
chapter 130 or 132, a nonprofit economic development corporation formed to promote
the common good, general welfare and economic development of a municipality that
is funded, either directly or through in-kind services, in part by a municipality, or a
nonstock corporation or limited liability company controlled or established by a municipality, municipal economic development agency or entity created or operating under
chapter 130 or 132;
(C) Conveyance of a deed in lieu of foreclosure to a lender, as defined in and that
qualifies for the secured lender exemption pursuant to subsection (b) of section 22a-452f;
(D) Conveyance of a security interest, as defined in subdivision (7) of subsection
(b) of section 22a-452f;
(E) Termination of a lease and conveyance, assignment or execution of a lease for
a period less than ninety-nine years including conveyance, assignment or execution of
a lease with options or similar terms that will extend the period of the leasehold to ninety-nine years, or from the commencement of the leasehold, ninety-nine years, including
conveyance, assignment or execution of a lease with options or similar terms that will
extend the period of the leasehold to ninety-nine years, or from the commencement of
the leasehold;
(F) Any change in ownership approved by the Probate Court;
(G) Devolution of title to a surviving joint tenant, or to a trustee, executor or administrator under the terms of a testamentary trust or will, or by intestate succession;
(H) Corporate reorganization not substantially affecting the ownership of the establishment;
(I) The issuance of stock or other securities of an entity which owns or operates an
establishment;
(J) The transfer of stock, securities or other ownership interests representing less
than forty per cent of the ownership of the entity that owns or operates the establishment;
(K) Any conveyance of an interest in an establishment where the transferor is the
sibling, spouse, child, parent, grandparent, child of a sibling or sibling of a parent of the
transferee;
(L) Conveyance of an interest in an establishment to a trustee of an inter vivos trust
created by the transferor solely for the benefit of one or more siblings, spouses, children,
parents, grandchildren, children of a sibling or siblings of a parent of the transferor;
(M) Any conveyance of a portion of a parcel upon which portion no establishment
is or has been located and upon which there has not occurred a discharge, spillage,
uncontrolled loss, seepage or filtration of hazardous waste, provided either the area of
such portion is not greater than fifty per cent of the area of such parcel or written notice
of such proposed conveyance and an environmental condition assessment form for such
parcel is provided to the commissioner sixty days prior to such conveyance;
(N) Conveyance of a service station, as defined in subdivision (5) of this section;
(O) Any conveyance of an establishment which, prior to July 1, 1997, had been
developed solely for residential use and such use has not changed;
(P) Any conveyance of an establishment to any entity created or operating under
chapter 130 or 132, or to an urban rehabilitation agency, as defined in section 8-292, or
to a municipality under section 32-224, or to the Connecticut Development Authority
or any subsidiary of the authority;
(Q) Any conveyance of a parcel in connection with the acquisition of properties to
effectuate the development of the overall project, as defined in section 32-651;
(R) The transfer of general partnership property held in the names of all of its general
partners to a general partnership which includes as general partners immediately after
the transfer all of the same persons as were general partners immediately prior to the
transfer;
(S) The transfer of general partnership property held in the names of all of its general
partners to a limited liability company which includes as members immediately after
the transfer all of the same persons as were general partners immediately prior to the
transfer;
(T) Acquisition of an establishment by any governmental or quasi-governmental
condemning authority;
(U) Conveyance of any real property or business operation that would qualify as
an establishment solely as a result of (i) the generation of more than one hundred kilograms of universal waste in a calendar month, (ii) the storage, handling or transportation
of universal waste generated at a different location, or (iii) activities undertaken at a
universal waste transfer facility, provided any such real property or business operation
does not otherwise qualify as an establishment; there has been no discharge, spillage,
uncontrolled loss, seepage or filtration of a universal waste or a constituent of universal
waste that is a hazardous substance at or from such real property or business operation;
and universal waste is not also recycled, treated, except for treatment of a universal
waste pursuant to 40 CFR 273.13(a)(2) or (c)(2) or 40 CFR 273.33 (a)(2) or (c)(2), or
disposed of at such real property or business operation; or
(V) Conveyance of a unit in a residential common interest community in accordance
with section 22a-134i."
(P.A. 85-568, S. 2; P.A. 87-475, S. 1; P.A. 95-183, S. 1; P.A. 96-113, S. 1, 17; P.A. 97-218, S. 1; P.A. 98-253, S. 2;
Dec. Sp. Sess. P.A. 98-1, S. 35, 43; P.A. 99-225, S. 6; 99-241, S. 56, 66; P.A. 00-140, S. 24, 40; P.A. 01-204, S. 15; June
Sp. Sess. P.A. 01-9, S. 73, 131; P.A. 03-19, S. 58-61; 03-218, S. 5, 6; P.A. 06-76, S. 11, 13, 14; 06-184, S. 3; P.A. 07-81,
S. 3; P.A. 08-124, S. 15, 16; P.A. 09-235, S. 2, 8; P.A. 11-80, S. 1; 11-141, S. 10; 11-241, S. 53.)
History: P.A. 87-475 redefined "establishment" to apply to those operating on or after May 1, 1967, and to include dry
cleaning, furniture stripping, painting and auto body operations and added definitions of "service stations" and "transfer
of a service station"; P.A. 95-183 added Subdiv. (1) (A) to (M), inclusive, re exclusions from the definition of "transfer
of establishment"; amended Subdiv. (3) to redefine "establishment" to mean any real property or business operation from
which on and after November 1, 1980, there was generated, except as the result of remediation activities, more than 100
kilograms of hazardous waste in any one month and to make other grammatical adjustments for consistency; amended
Subdiv. (4) to redefine "hazardous waste" to include waste identified in accordance with the federal Resource Conservation
and Recovery Act or by the commissioner in regulations and polychlorinated biphenyls in concentrations greater than 50
parts per million and to exclude lead paint abatement wastes; deleted former Subdiv. (5) defining "negative declaration"
and renumbered the remaining Subdivs. accordingly; amended the renumbered Subdiv. (5) to specify that "service station"
means a retail operation which does not otherwise meet the definition of "establishment"; amended the renumbered Subdiv.
(6) to add Subparas. (A) to (M), inclusive, re exclusions from the definition of "transfer of a service station"; and added
new Subdivs. (7) to (20), inclusive, providing definitions for "certifying party", "party associated with the transfer of an
establishment", "remediation standards", "parcel", "Form I", "Form II", "Form III", "Form IV", "person", "remediate",
"licensed environmental professional", "environmental condition assessment form", "pollution", and "verification"; P.A.
96-113 redefined "transfer of establishment" to add provision re providing environmental condition assessment form to
commissioner for conveyance of certain portions of parcels and to exclude conveyances of service stations, redefined
"establishment" to make technical clarifications, deleted a definition of "transfer of a service station", redefined "party"
to explicitly include former operators of establishments and the state, redefined "Form II" to add provision re determination
that no remediation is necessary, redefined "Form IV" to add provision re accompanying documentation and added the
definition of "vehicle", renumbering Subdivs. as necessary, effective May 24, 1996; P.A. 97-218 redefined "transfer of
establishment" in Subdiv. (1) to exclude conveyances of parcels developed solely for residential use prior to July 1, 1997,
where such use has not changed; amended Subdiv. (3)(B) to provide that in that category of "establishment", the waste is
generated at a different location; redefined "certifying party" in Subdiv. (6) to specify that investigation of parcel be in
accordance with prevailing standards and guidelines and that remediation be in accordance with the remediation standards;
redefined "form I" in Subdiv. (10) to clarify that declaration is based on an investigation of the property in accordance
with the prevailing standards and guidelines; redefined "form II" in Subdiv. (11) to provide that remediation of the parcel
is in accordance with the remediation standards; redefined "form III" in Subdiv. (12) to provide that the investigation is
in accordance with prevailing standards and guidelines; and redefined "form IV" in Subdiv. (13) to provide that the
certification be accompanied by a determination by the commissioner or a licensed environmental professional under Secs.
22a-134a or 22a-133x and that the investigation is in accordance with prevailing standards and guidelines; P.A. 98-253
added Subdiv. (l)(P) excluding from the definition of "transfer of establishment" conveyances to certain state or municipal
agencies; Dec. Sp. Sess. P.A. 98-1 added Subdiv. (1)(Q) re conveyance to a limited liability company established to
assemble properties to effectuate the purposes of the Patriots Stadium Enabling Act, effective January 12, 1999; P.A. 99-225 deleted said Subdiv. (1)(Q) and added new Subparas. (Q), (R) and (S) regarding exemptions for certain transactions
involving certain partnership properties, amended Subdiv. (3) to clarify a provision excepting remediation activities from
the definition of "establishment", and amended Subdivs. (6), (10), (11), (12), and (13) to require adoption of regulations
on or before January 1, 2002, providing standards for investigation of contaminated parcels; P.A. 99-241 deleted Subdiv.
(1)(Q) re conveyance of parcel to limited liability company established to assemble properties to effectuate purposes of
the Patriots Stadium Enabling Act, and added a limited liability company established to assemble properties for development
of the convention center facilities, sportsplex and related parking facilities site, effective July 1, 1999 (Revisor's note: In
codifying the provisions of P.A. 99-225 and 99-241, as they affect Subdiv. (1), the Revisors retained the words "or (Q)
any conveyance of a parcel", which were deleted by P.A. 99-225, so as to add the amendment to Subpara. (Q) contained
in P.A. 99-241, and relettered new Subparas. (Q), (R) and (S), contained in P.A. 99-225, to (R), (S) and (T), respectively);
P.A. 00-140 amended Subdiv. (1)(Q) to make a technical change, substitute "acquisition" for "assembly", delete references
to former convention center facilities, sportsplex and related parking facilities and add reference to the overall project as
defined in Sec. 32-651, effective May 2, 2000; P.A. 01-204 redefined "transfer of establishment", "establishment", "certifying party", "party associated with the transfer of an establishment", "Form I", "Form II", "Form III", "Form IV", "environmental condition assessment form", "verification" and "vehicle", defined "business operation", "corporate reorganization
not substantially affecting the ownership of an establishment", "Form IV verification", "hazardous substance" and "sediment", and made technical changes; June Sp. Sess. 01-9 revised effective date of P.A. 01-204 but without affecting this
section; P.A. 03-218 amended Subdiv. (1)(B) by adding "or foreclosure of a municipal tax lien" and made a technical
change (1)(E), amended Subdiv. (10)(B) by adding "based on an investigation of the parcel in accordance with the prevailing
standards and guidelines", and amended Subdiv. (11) by making technical changes and, in Subpara. (C), by adding "verification", effective July 1, 2003; P.A. 03-19 made technical changes in Subdivs. (1), (11), (21) and (24), effective May 12,
2003; P.A. 06-76 amended Subdiv. (1) to make technical changes, to add Subpara. (V) re universal waste, and to add
Subpara. (W) re residential common interest community, amended Subdiv. (10) to require verification from licensed
environmental professional to be in writing, amended Subdivs. (10) and (11)(A) to require additional verification that no
discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste or substances has occurred at any portion
of the establishment, and added Subdivs. (26) and (27) defining "universal waste" and "universal waste transfer facility",
respectively; P.A. 06-184 amended Subdiv. (1)(B) by redefining "transfer of establishment" to include tax warrant sales
pursuant to Sec. 12-157, effective June 9, 2006; P.A. 07-81 amended Subdiv. (19) to redefine "verification" to require that
written opinion be on a form prescribed by commissioner; P.A. 08-124 made technical changes in Subdiv. (1)(L) and (V),
effective June 2, 2008; P.A. 09-235 redefined "transfer of establishment" in Subdiv. (1), effective July 9, 2009, and
added Subdiv. (28) defining "interim verification", effective October 1, 2009; pursuant to P.A. 11-80, "Commissioner of
Environmental Protection" was changed editorially by the Revisors to "Commissioner of Energy and Environmental
Protection", effective July 1, 2011; P.A. 11-141 amended Subdiv. (1) by adding Subparas. (X), (Y) and (Z) re establishment
in abandoned brownfield cleanup program, transfer of title from bankruptcy court or municipality to a nonprofit organization
and establishment in brownfield remediation and revitalization program, effective July 8, 2011; P.A. 11-241 amended
Subdiv. (1) by deleting former Subpara. (R) re conversion of general or limited partnership to limited liability company
and redesignating existing Subparas. (S) to (W) as Subparas. (R) to (V), effective January 1, 2014.
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Sec. 22a-134a. Transfer of hazardous waste establishments: Forms, verification, schedules, audits, approval, notification requirements, orders, exceptions. (a)
No person shall transfer an establishment except in accordance with the provisions of
sections 22a-134 to 22a-134e, inclusive. Notwithstanding any provision of sections 22a-134 to 22a-134e, inclusive, a person appointed by the Superior Court or any other court
to sell, convey or partition real property or a person appointed as a trustee in bankruptcy
shall not be deemed a party associated with the transfer of an establishment and shall
not be required to comply with the provisions of sections 22a-134 to 22a-134e, inclusive.
(b) The commissioner may adopt regulations, in accordance with the provisions of
chapter 54, to implement the provisions of this section.
(c) Prior to transferring an establishment, the transferor shall submit to the transferee
a complete Form I or a Form II and, no later than ten days after the transfer, shall submit
a copy of such Form I or Form II to the commissioner. The commissioner shall notify
the transferor no later than ninety days after the submission of such Form I or Form II
if the commissioner deems the Form I or Form II incomplete. If the transferor is unable
to submit a Form I or a Form II to the transferee, the transferor shall, prior to the transfer,
submit a complete Form III or Form IV prepared and signed by a party associated with
the transfer to the transferee and, no later than ten days after the transfer, shall submit
a copy of such Form III or Form IV to the commissioner. If no other party associated
with the transfer of an establishment prepares and signs the proper form as a certifying
party, the transferor shall have the obligation for such preparation and signing.
(d) The certifying party to a Form I, Form II, Form III or Form IV shall (1) upon
receipt of a written request from the commissioner, provide to the commissioner copies
of all technical plans, reports and other supporting documentation relating to the investigation of the parcel or remediation of the establishment as specified in the commissioner's written request, and (2) simultaneously submit with the submission of a Form I,
Form III or Form IV to the commissioner a complete environmental condition assessment form and shall certify to the commissioner, in writing, that the information contained in such form is correct and accurate to the best of the certifying party's knowledge
and belief.
(e) Not later than thirty days after receipt of a Form III or Form IV, the commissioner
shall notify the certifying party whether the form is complete or incomplete. The certifying party shall use a licensed environmental professional to verify the investigation
and remediation, unless not later than seventy-five days after receipt of a complete Form
III or IV the commissioner notifies the certifying party, in writing, that review and
approval of the remediation by the commissioner shall be required. Any person who
submitted a Form III to the commissioner prior to October 1, 1995, may submit an
environmental condition assessment form to the commissioner. The commissioner shall,
not later than forty-five days after receipt of such form, notify the certifying party
whether approval of the remediation by the commissioner will be required or whether
a licensed environmental professional may verify that the investigation was performed
in accordance with prevailing standards and guidelines and the remediation has been
performed in accordance with the remediation standards.
(f) In determining whether review and approval of the remediation by the commissioner will be required, or whether a licensed environmental professional may verify
that the remediation has been performed in accordance with the remediation standards,
the commissioner shall consider: (1) The potential risk to human health and the environment posed by any discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste or a hazardous substance at the establishment; (2) the degree of environmental
investigation at the parcel; (3) the proximity of the establishment to significant natural
resources; (4) the character of the land uses surrounding the establishment; (5) the complexity of the environmental condition of the establishment; and (6) any other factor
the commissioner deems relevant.
(g) (1) (A) Except as provided in subsection (h) of this section, the certifying party
to a Form III shall, not later than seventy-five days after the receipt of the notice that
such form is complete or such later date as may be approved in writing by the commissioner, submit a schedule for the investigation of the parcel and remediation of the
establishment. Such schedule shall, unless a later date is specified in writing by the
commissioner, provide that the investigation shall be completed within two years of the
date of receipt of such notice, remediation shall be initiated not later than three years
after the date of receipt of such notice and remediation shall be completed sufficient to
support either a verification or interim verification within a time frame set forth in
subparagraphs (B) and (C) of this subdivision. The schedule shall also include a schedule
for providing public notice of the remediation prior to the initiation of such remediation
in accordance with subsection (i) of this section. Not later than two years after the date
of the receipt of the notice that the Form III is complete, unless the commissioner has
specified a later day, in writing, the certifying party shall submit to the commissioner
documentation, approved in writing by a licensed environmental professional and in
a form prescribed by the commissioner, that the investigation has been completed in
accordance with prevailing standards and guidelines. Not later than three years after the
date of the receipt of the notice that the Form III is complete, unless the commissioner
has specified a later day in writing, the certifying party shall notify the commissioner
in a form prescribed by the commissioner that the remediation has been initiated, and
shall submit to the commissioner a remedial action plan approved in writing by a licensed
environmental professional in a form prescribed by the commissioner. Notwithstanding
any other provision of this section, the commissioner may determine at any time that
the commissioner's review and written approval is necessary and in such case shall
notify the certifying party that the commissioner's review and written approval is necessary. Such certifying party shall investigate the parcel and remediate the establishment
in accordance with the schedule or the schedule specified by the commissioner.
(B) For a certifying party that submitted a Form III or Form IV before October 1,
2009, when remediation of the entire establishment is complete, the certifying party
shall achieve the remediation standards for the establishment sufficient to support a
final verification and shall submit to the commissioner a final verification by a licensed
environmental professional.
(C) For a certifying party that submits a Form III or Form IV after October 1, 2009,
not later than eight years after the date of receipt of the notice that the Form III or
Form IV is complete, unless the commissioner has specified a later date in writing, the
certifying party shall achieve the remediation standards for the establishment sufficient
to support a final or interim verification and shall submit to the commissioner such
final or interim verification by a licensed environmental professional. Any such final
verification may include and rely upon a verification for a portion of the establishment
submitted pursuant to subdivision (2) of this subsection. Verifications shall be submitted
on a form prescribed by the commissioner. The certifying party may request a verification or interim verification filing extension. The commissioner shall grant a reasonable
extension if the certifying party demonstrates to the commissioner's satisfaction that:
(i) Such certifying party has made reasonable progress toward investigation and remediation of the establishment; and (ii) despite best efforts, circumstances beyond the control
of the certifying party have significantly delayed the remediation of the establishment.
(D) A certifying party who submits an interim verification shall, until the remediation standards for groundwater are achieved, operate and maintain the long-term remedy
for groundwater in accordance with the remedial action plan, the interim verification
and any approvals by the commissioner, prevent exposure to the groundwater plume
and submit annual status reports to the commissioner.
(E) The certifying party to a Form IV shall submit with the Form IV a schedule for
the groundwater monitoring and recording of an environmental land use restriction, as
applicable.
(2) If a certifying party completes the remediation for a portion of an establishment,
such party may submit a verification by a licensed environmental professional for any
such portion of an establishment. The certifying party shall be deemed to have satisfied
the requirements of this subsection for that portion of the establishment covered by any
such verification. If any portion of an establishment for which a verification is submitted
pursuant to this subdivision is transferred or conveyed or undergoes a change in ownership before remediation of the entire establishment is complete that would not otherwise
be subject to the provisions of sections 22a-134 to 22a-134e, inclusive, the certifying
party shall provide notice to the commissioner of such transfer, conveyance or change
in ownership not later than thirty days after any such transfer, conveyance or change in
ownership.
(3) (A) The commissioner may conduct an audit of any verification submitted pursuant to this section, but shall not conduct an audit of a final verification of an entire
establishment submitted pursuant to subdivision (1) of this subsection after three years
have passed since the date of the commissioner's receipt of such final verification unless
an exception listed in subparagraph (C) of this subdivision applies. Upon completion
of an audit, the commissioner shall send written audit findings to the certifying party
and the licensed environmental professional who verified. The three-year time frame
for an audit of a final verification of an entire establishment shall apply to such final
verifications received by the commissioner after October 1, 2007.
(B) The commissioner may request additional information during an audit. If such
information has not been provided to the commissioner within ninety days of the commissioner's request for such information or any longer time as the commissioner may
determine in writing, the commissioner may either (i) suspend the audit, which for a
final verification shall suspend the running of the three-year audit time frame until such
time as the commissioner receives all the information requested, or (ii) complete the
audit based upon the information provided in the verification before the request for
additional information.
(C) The commissioner shall not conduct an audit of a final verification of an entire
establishment after three years from receipt of such verification pursuant to this subdivision unless (i) the commissioner has reason to believe that a verification was obtained
through the submittal of materially inaccurate or erroneous information, or otherwise
misleading information material to the verification or that misrepresentations were made
in connection with the submittal of the verification, (ii) a verification is submitted pursuant to an order of the commissioner pursuant to subsection (j) of this section, (iii) any
post-verification monitoring, or operations and maintenance, is required as part of a
verification and which has not been done, (iv) a verification that relies upon an environmental land use restriction was not recorded on the land records of the municipality in
which such land is located in accordance with section 22a-133o and applicable regulations, (v) the commissioner determines that there has been a violation of sections 22a-134 to 22a-134e, or (vi) the commissioner determines that information exists indicating
that the remediation may have failed to prevent a substantial threat to public health or
the environment.
(h) (1) If the commissioner notifies the certifying party to a Form III or Form IV
that the commissioner's review and written approval of the investigation of the parcel
and remediation of the establishment is required, such certifying party shall, not later
than thirty days after 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: (A) Investigating the parcel and remediating the establishment; (B) submitting to the commissioner scopes of work, technical plans, technical
reports and progress reports related to such investigation and remediation; and (C) providing public notice of the remediation prior to the initiation of such remediation in
accordance with subsection (i) of this section. Upon the commissioner's approval of
such schedule, such certifying party shall, in accordance with the approved schedule,
submit scopes of work, technical plans, technical reports and progress reports to the
commissioner for the commissioner's review and written approval. Such certifying party
shall perform all actions identified in the approved scopes of work, 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 such
certifying party to such schedule or investigation and remediation. The commissioner
may, at any time, notify such certifying party in writing that the commissioner's review
and written approval is not required and that a licensed environmental professional may
verify that the remediation has been performed in accordance with the remediation
standards.
(2) A certifying party may complete the remediation of a portion of an establishment
and request that the commissioner determine that the requirements of this subsection
have been satisfied for any such portion of the establishment. If the commissioner determines that any such remediation is complete, the certifying party shall be deemed to
have satisfied the requirements of this subsection for any such portion of an establishment. Any determination by the commissioner that remediation at the entire establishment has been completed may include and rely upon any determination made pursuant
to this subdivision that remediation is complete at a portion of an establishment. If any
portion of an establishment for which the commissioner determines that remediation is
complete pursuant to this subdivision is transferred or conveyed or undergoes a change
in ownership before remediation of the entire establishment is complete that would not
otherwise be subject to the provisions of sections 22a-134 to 22a-134e, inclusive, the
certifying party shall provide notice to the commissioner of such transfer, conveyance
or change in ownership not later than thirty days after any such transfer, conveyance or
change in ownership.
(i) The certifying party to a Form III or Form IV 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 establishment 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 establishment, 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
address for such property on the last-completed grand list of the municipality where the
establishment is located.
(j) The commissioner may issue an order to any person who fails to comply with
any provision of sections 22a-134 to 22a-134e, inclusive, including, but not limited to,
any person who fails to file a form, or files an incomplete or incorrect form or to any
person who fails to carry out any activities to which that person agreed in a Form III or
Form IV. If no form is filed or if an incomplete or incorrect form is filed for a transfer
of an establishment, the commissioner may issue an order to the transferor, the transferee, or both, requiring a filing. The commissioner may also request that the Attorney
General bring an action in the superior court for the judicial district of Hartford to enjoin
any person who fails to comply with any provision of sections 22a-134 to 22a-134e,
inclusive, including, but not limited to, any person who fails to file a form, improperly
files a Form I, Form II, Form III or Form IV or the certifying party to a Form III or Form
IV to take any actions necessary to prevent or abate any pollution at, or emanating from,
the subject establishment. Any person to whom such an order is issued may appeal such
order in accordance with the procedures set forth in sections 22a-436 and 22a-437.
(k) Notwithstanding the exemptions provided in section 22a-134a, nothing contained in sections 22a-134 to 22a-134e, inclusive, shall be construed as creating an
innocent landowner defense for purposes of section 22a-452d.
(l) Notwithstanding any other provisions of this section, no person shall be required
to comply with the provisions of sections 22a-134 to 22a-134e, inclusive, when transferring real property (1) (A) for which a Form I or Form II has been filed for the transfer
of the parcel on or after October 1, 1995, or (B) for which parcel a Form III or Form IV
has been filed and which has been remediated and such remediation has been approved
in writing by the commissioner or has been verified in writing in accordance with this
section by a licensed environmental professional that an investigation has been performed in accordance with prevailing standards and guidelines and that the remediation
has been performed in accordance with the remediation standards, and (2) at which no
activities described in subdivision (3) of section 22a-134 have been conducted since the
date of such approval or verification or the date on which the Form I or Form II was filed.
(m) Failure of the commissioner to notify any party in accordance with the provisions of this section in no way limits the ability of the commissioner to enforce the
provisions of sections 22a-134 to 22a-134e, inclusive.
(n) Notwithstanding any other provision of this section, the execution of a Form III
or a Form IV shall not require a certifying party to investigate or remediate any release
or potential release of pollution at the parcel that occurs after the completion of a Phase
II investigation, as defined in the Connecticut Department of Energy and Environmental
Protection's Site Characterization Guidance Document, or from and after the date such
Form III or Form IV was filed with the commissioner, whichever is later.
(P.A. 85-568, S. 3; P.A. 87-475, S. 2; 87-589, S. 49, 87; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4,
7, 8; P.A. 95-183, S. 2; 95-220, S. 4-6; P.A. 96-113, S. 2, 6, 17; P.A. 99-225, S. 7, 8; P.A. 01-204, S. 16; June Sp. Sess.
P.A. 01-9, S. 73, 131; P.A. 03-19, S. 62; 03-82, S. 1; 03-218, S. 7-9; P.A. 06-76, S. 15; P.A. 07-81, S. 4; 07-233, S. 10;
P.A. 08-124, S. 17; P.A. 09-235, S. 9; P.A. 11-80, S. 1; 11-141, S. 4.)
History: P.A. 87-475 added Subsec. (d) regarding liens against real estate on which a service station was transferred
and in operation on or after May 1, 1967, and added Subsec. (e) authorizing the commissioner to adopt regulations; P.A.
87-589 made technical changes in Subsec. (d); P.A. 95-183 amended Subsec. (a) to add a reference to Sec. 22a-134e,
deleted former Subsecs. (b) and (c) and relettered the remaining Subsecs. accordingly, amended the relettered Subsec. (b)
to change "cleaned up" to "remediated", added new Subsec. (d) re submittal of Form I or II, new Subsec. (e) re submittal
of Form II or IV, new Subsec. (f) re review of Form III or IV, new Subsec. (g) re verification of forms by environmental
professional, new Subsecs. (h) and (i) re a schedule for remediation, new Subsec. (j) re notice of remediation, new Subsec.
(k) re orders to file or remediate, new Subsec. (l) re construction of the Transfer Act with regard to innocent landowners
and new Subsec. (m) re transfers covered by previous filings (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220
authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and special
acts of the 1995 session of the General Assembly, effective September 1, 1998); P.A. 96-113 amended Subsec. (d) to
provide that a transferor shall submit a copy of any Form III or IV to the transferee and amended Subsec. (k) to expand
range of orders authorized under that subsection, effective May 24, 1996; P.A. 99-225 amended Subsec. (f) to require
verification of investigations and to require adoption of regulations on or before January 1, 2002, providing standards for
investigation of contaminated parcels and amended Subsec. (m) to provide that eligibility for the exemption under that
subsection on the basis of a filing of a Form I or II is limited to filings of such forms after October 1, 1995, to require
verification of investigations by licensed environmental professionals and to require adoption of regulations before January
1, 2002, providing standards for investigation of contaminated parcels; P.A. 01-204 deleted former Subsec. (b) re liens
pursuant to Sec. 22a-452 and redesignated existing Subsecs. (c) to (m) as Subsecs. (b) to (l), amended Subsec. (c) to clarify
that a Form I or II submission must be complete, require the commissioner to notify the transferor no later than 90 days
after the submission of a Form I or Form II if the commissioner deems the Form I or Form II incomplete, require the
transferor, rather than the certifying party, to submit a complete Form III or Form IV if the transferor is unable to submit
a Form I or Form II, require such Form III or Form IV to be prepared and signed by a party associated with the transfer,
and require the transferor to prepare and sign the proper form if no other party associated with the transfer does so, amended
Subsec. (d) to require the certifying party to a Form I, Form III or Form IV, if requested in writing by the commissioner,
to submit copies of technical plans, reports and other supporting documentation of the investigation of the parcel or
remediation of the establishment and make a technical change for purposes of gender neutrality, amended Subdiv. (e) to
change the commissioner's notification deadline from within 15 days of receipt to no later than 30 days after receipt, make
a technical change for purposes of gender neutrality, eliminate the requirement for adoption of regulations on or before
January 1, 2002, and delete provision re parcels subject to an order, consent order, or stipulated judgment, amended Subsec.
(f) to include a hazardous substance at the establishment in Subdiv. (1) and to substitute "establishment" for "parcel" in
Subdivs. (3) to (5), amended Subsec. (g) to make the subsection applicable to a certifying party to a Form III or Form IV,
require the certifying party to submit a schedule for investigating and remediating the establishment, rather than the parcel,
require the commissioner to notify the certifying party if the commissioner determines that the commissioner's review
and written approval is necessary, delete provisions re submission of copies of technical plans and reports, provide that
the certifying party shall investigate the parcel and remediate the establishment, require the certifying party to submit a
verification that the establishment has been remediated, require that the certifying party submit, as applicable, a Form IV
verification and make technical changes, amended Subsec. (h) to apply to certifying parties to a Form III or Form IV, provide
that commissioner's notification state approval of the investigation of the parcel and remediation of the establishment is
required, provide that schedule is to apply to the investigation of the parcel and remediation of the establishment, provide
that the certifying party is to submit a schedule for the submission for scopes of work and submit the scopes of work, and
make technical changes, amended Subsec. (i) to apply to certifying parties to a Form III or Form IV and, in Subdivs. (2)
and (3), to substitute "establishment" for "parcel", amended Subsec. (j) to allow the commissioner to issue an order to any
person who fails to file a form or files an incomplete or incorrect form, allow the commissioner to issue an order to the
transferor or transferee, or both, requiring a filing, substitute "establishment" for "parcel" and make conforming changes,
amended Subsec. (l) to make technical changes and delete requirement for adoption of regulations on or before January
1, 2002, and added Subsec. (m) re failure of commissioner to comply with notice provisions of section does not limit
commissioner's ability to enforce provisions of the Transfer Act; June Sp. Sess. P.A. 01-9 revised effective date of P.A.
01-204 but without affecting this section; P.A. 03-19 made a technical change in Subsec. (l), effective May 12, 2003; P.A.
03-82 amended Subsec. (a) by adding provision re person appointed by court to sell, convey or partition real property or
as a trustee in bankruptcy shall not be deemed a party associated with the transfer of an establishment and shall not be
required to comply with Secs. 22a-134 to 22a-134e; P.A. 03-218 added "Form II" to the introductory language in Subsec.
(d), amended Subsec. (d)(2) by replacing "Form II" with "Form III", replaced "establishment" with "parcel" in Subsec.
(i)(3)(B), and replaced "22a-134f" with "22a-134e" in Subsec. (m), effective July 1, 2003; P.A. 06-76 amended Subsec.
(g) to designate existing language as Subdiv. (1), make a technical change, add provision re schedule specified by commissioner, replace provision re submission of independent verification with language re submission of a final verification and
reliance on verification for a portion of the establishment and add Subdiv. (2) re remediation of a portion of an establishment,
and amended Subsec. (h) to designate existing language as Subdiv. (1), make technical changes and add Subdiv. (2) re
remediation of a portion of an establishment; P.A. 07-81 amended Subsec. (e) to provide that certifying party shall use a
licensed environmental professional for verification unless notified that commissioner's review is required, to require that
investigation be performed in accordance with prevailing standards and guidelines and to make technical changes, amended
Subsec. (g)(1) to add reference to Subsec. (h) as an exception, to change deadline for submission of schedule from 30 to
75 days after receipt of the notice, to add provisions re deadlines of 2 years and 3 years, respectively, for notification of
completion of the investigation or initiation of the remediation, to specify that commissioner's review may be required at
any time and to make technical changes, and amended Subsec. (k) to replace reference to Sec. 22a-134(a) with reference
to Sec. 22a-134a; P.A. 07-233 amended Subsec. (e) to require certifying party to use a licensed environmental professional
to verify investigation and remediation, to add exception for review required by the commissioner, to require commissioner
to respond not later than 45 days after receipt of an environmental condition assessment form from anyone who submitted
a Form III before October 1, 1995, re whether a licensed environmental professional can be used, and to add to the licensed
environmental professional's charge in such cases verification that investigation was done according to prevailing standards
and guidelines, amended Subsec. (g) to add exception as provided in Subsec. (h), to give certifying party 75, rather than
30, days to submit investigation and remediation schedule, to provide that the 75 days starts upon notice that form is
complete, to require certifying party to provide commissioner with documentation that investigation and a remedial action
plan are done, and to allow commissioner to prescribe the form for all verifications, and added Subsec. (e)(3) re audits,
effective July 1, 2007; P.A. 08-124 made technical changes in Subsecs. (g) and (h), effective June 2, 2008; P.A. 09-235 redesignated existing Subsec. (g)(1) as Subsec. (g)(1)(A) to Subsec. (g)(1)(C), amended Subsec. (g)(1)(A) to delete
references to Form IV and require schedule to provide that remediation support a verification or interim verification within
specified time frame, amended Subsec. (g)(1)(B) to make provisions applicable to certifying party that submitted a Form
III or Form IV before October 1, 2009, and require certifying party to achieve remediation standards to support final
verification, amended Subsec. (g)(1)(C) to require certifying party that submits a Form III or Form IV after October 1,
2009, to meet remediation standards to support final or interim verification not later than 8 years after notice that the
Form III or Form IV is complete, and to allow for filing extension, and added Subsec. (g)(1)(D) and Subsec. (g)(1)(E) re
groundwater; pursuant to P.A. 11-80, "Department of Environmental Protection" was changed editorially by the Revisors
to "Department of Energy and Environmental Protection", effective July 1, 2011; P.A. 11-141 added Subsec. (n) re execution of Form III or Form IV not requiring certifying party to investigate or remediate, effective July 8, 2011.
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Sec. 22a-134q. Inventory of contaminated wells and leaking underground
storage tanks. The Commissioner of Energy and Environmental Protection shall compile an inventory of contaminated wells and leaking underground storage tanks known
to him and shall submit such inventory to the joint standing committee of the General
Assembly having cognizance of matters relating to the environment not later than February 1, 1990, and annually thereafter. As used in this section, "contaminated well" means
any well that exceeds maximum levels for substances established in the Public Health
Code or action levels determined jointly by the Commissioners of Public Health and
Energy and Environmental Protection.
(P.A. 89-365, S. 2, 9; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 11-80, S. 60.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 11-80 changed "Commissioner
of Environmental Protection" to "Commissioner of Energy and Environmental Protection", effective July 1, 2011.
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