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Sec. 22a-134a. through 22a-134a.

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CT Property Sec. 22a-134a. through 22a-134a. Covenant not to sue

 

 

 

 

 

 

Sec. 22a-134a.

Transfer of hazardous waste establishments: Filing procedures.


Certification of cleanup. (a) No person shall transfer an establishment except in accordance with the provisions of sections 22a-134 to 22a-134e, inclusive. (b) A lien pursuant to section 22a-452a shall not be placed against real estate on which a service station was transferred and in operation on or after May 1, 1967, provided the transferor certifies to the transferee that (1) the service station, or any part thereof, complies with regulations adopted by the Commissioner of Environmental Protection pursuant to subsection (d) of section 22a-449 concerning design, construction, installation and maintenance of underground facilities storing oil or petroleum liquids, (2) there has been no spill on the real estate or any spill has been remediated in accordance with procedures approved by the commissioner and the commissioner has determined that such spill does not pose a threat to human health or safety or to the environment which would warrant containment or removal or other mitigation measures and (3) any hazardous waste or oil or petroleum liquid remaining on the real estate is being managed in accordance with the provisions of this chapter and chapter 446k and regulations adopted thereunder. (c) The commissioner may adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section. (d) Prior to transferring an establishment, the transferor shall submit to the transferee a 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. If the transferor is unable to submit a Form I or a Form II to the transferee, the certifying party shall, prior to the transfer, prepare and sign a Form III or Form IV, and the transferor shall submit a copy of such Form III or Form IV 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. (e) Any person submitting a Form III or Form IV to the commissioner shall simultaneously submit 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 his knowledge and belief. (f) Within fifteen days of his receipt of a Form III or Form IV, the commissioner shall notify the certifying party whether the form is complete or incomplete. Within forty-five days of his receipt of a complete Form III or IV, the commissioner shall notify the certifying party in writing 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. Any person who submitted a Form III to the commissioner prior to October 1, 1995, for a parcel which is not the subject of an order, consent order or stipulated judgment issued or entered into pursuant to sections 22a-134 to 22a-134e, inclusive, may submit an environmental condition assessment form to the commissioner. The commissioner shall, within forty-five days of 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 remediation has been performed in accordance with the remediation standards. (g) 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 on the parcel; (2) the degree of environmental investigation at the parcel; (3) the proximity of the parcel to significant natural resources; (4) the character of the land uses surrounding the parcel; (5) the complexity of the environmental condition of the parcel; and (6) any other factor the commissioner deems relevant. (h) If the commissioner notifies the certifying party that a licensed environmental professional may verify the remediation, the certifying party shall, on or before thirty days of the receipt of such notice or such later date as may be approved in writing by the commissioner, submit a schedule for investigating and remediating the parcel. 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 and that remediation shall be initiated within three years of the date of receipt of such notice. 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 (j) of this section. The commissioner may require the certifying party to submit copies of technical plans and reports related to the investigation and remediation at the parcel and may notify the certifying party if the commissioner determines that the commissioner's review and written approval is necessary. The commissioner shall require the certifying party to submit to him all technical plans and reports related to the investigation and remediation of the parcel if the commissioner receives a written request from any person for such information. The certifying party shall investigate and remediate the parcel in accordance with the proposed schedule. The certifying party shall submit to the commissioner an independent verification by a licensed environmental professional that the parcel has been remediated in accordance with the remediation standards. (i) If the commissioner notifies the certifying party that his review and written approval of the investigation and remediation of the parcel is required, the certifying party shall, on or before thirty days of 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: (1) Investigating and remediating the parcel; (2) submitting to the commissioner technical plans, technical reports and progress reports related to such investigation and remediation; and (3) providing public notice of the remediation prior to the initiation of such remediation in accordance with subsection (j) of this section. Upon the commissioner's approval of such schedule, the certifying party shall, in accordance with the approved schedule, submit technical plans, technical reports and progress reports to the commissioner for his review and written approval. The certifying party shall perform all actions identified in the approved 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 the certifying party to such schedule or investigation and remediation. The commissioner may, at any time, notify the 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. (j) The certifying party 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 parcel 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 parcel, 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 parcel is located. (k) 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 improperly files a Form I or Form II or to any person who fails to carry out any activities to which that person agreed in a Form III or Form IV or may request that the Attorney General bring an action in the superior court for the judicial district of Hartford-New Britain* 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 improperly files a Form I or Form II 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 parcel. 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. (l) Notwithstanding the exemptions provided in subsection (a) of section 22a-134, 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. (m) 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 has been filed or (B) for which a Form II, 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 verified by a licensed environmental professional in accordance with the provisions of this section, 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 was filed.
(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. 46; P.A. 96-113, S. 2, 6, 17.) *Note: On and after September 1, 1998, the phrase "judicial district of Hartford" shall be substituted for "judicial district of Hartford-New Britain".
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 (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.
Cited. 223 C. 910. Cited. 226 C. 737, 742. Cited. 27 CA 353, 358, 359. Cited. 30 CA 204, 215, 220. Cited. 43 CS 83, 87. Subsec. (b): Cited. 226 C. 737, 739. Cited. 27 CA 353, 354, 356. Subsec. (d): Cited. 27 CA 353, 359.

  Sec. 22a-134b. Damages.


Failure of the transferor to comply with any of the provisions of sections 22a-134 to 22a-134e, inclusive, entitles the transferee to recover damages from the transferor, and renders the transferor of the establishment strictly liable, without regard to fault, for all remediation costs and for all direct and indirect damages.
(P.A. 85-568, S. 4; P.A. 95-183, S. 5.)
History: P.A. 95-183 added a reference to Sec. 22a-134e and changed "cleanup and removal costs" to "remediation costs".
Cited. 27 CA 353, 358, 359. Cited. 30 CA 204, 206, 215, 219.

  Sec. 22a-134c. Authority of commissioner.


The provisions of sections 22a-134 to 22a-134e, inclusive, shall not affect the authority of the commissioner under any other statute or regulation, including, but not limited to, the authority to issue any order to the transferor or transferee of an establishment.
(P.A. 85-568, S. 5; P.A. 95-183, S. 6.)
History: P.A. 95-183 added a reference to Sec. 22a-134e.
Cited. 27 CA 353, 358.

  Sec. 22a-134d. Penalty.


Any person who knowingly gives or causes to be given any false information on any document required by sections 22a-134 to 22a-134e, inclusive, or section 22a-133y or who fails to comply with the provisions of said sections shall forfeit to the state a sum not to exceed one hundred thousand dollars. A civil action shall be instituted to recover such forfeiture.
(P.A. 85-568, S. 6; P.A. 95-183, S. 7; 95-190, S. 15, 17.)
History: P.A. 95-183 added a reference to Sec. 22a-134e; P.A. 95-190 also added reference to Sec. 22a-134e and provided for a penalty under this section for anyone who gives false information pursuant to a voluntary site remediation, effective June 29, 1995.
Cited. 27 CA 353, 358.

  Sec. 22a-134e. Transfer fees.


Regulations. (a) As used in this section, "cost of remediation" shall include total costs related to the complete investigation of pollution on-site and off-site, evaluation of remediation alternatives, design and implementation of approved remediation, operation and maintenance costs for the remediation and postremediation monitoring. (b) The fee for filing a Form I, as defined in section 22a-134, shall be two hundred dollars. The fee for filing a Form II shall be seven hundred dollars except as provided for in subsections (e) and (n) of this section. (c) The fee for filing a Form III, after July 1, 1990, and before July 1, 1993, shall be as follows: (1) Four thousand five hundred dollars if the cost of remediation is less than one hundred thousand dollars; (2) seven thousand dollars if the cost of remediation is equal to or greater than one hundred thousand dollars but less than five hundred thousand dollars; (3) ten thousand dollars if the cost of remediation is equal to or greater than five hundred thousand dollars but less than one million dollars; and (4) thirteen thousand dollars if the cost of remediation is equal to or greater than one million dollars. (d) The fee for filing a Form III with the Commissioner of Environmental Protection prior to July 1, 1990, and which concern a site for which the commissioner had not given written approval of a final remediation plan before July 1, 1990, shall be as follows: For a Form III filed between October 1, 1985, and September 30, 1986, the fee shall be twenty per cent of the amount specified in subsection (c) of this section; for a Form III filed between October 1, 1986, and September 30, 1987, the fee shall be forty per cent of the amount specified in subsection (c) of this section; for a Form III filed between October 1, 1987, and September 30, 1988, the fee shall be sixty per cent of the amount specified in subsection (c) of this section; for a Form III filed between October 1, 1988, and September 30, 1989, the fee shall be eighty per cent of the amount specified in subsection (c) of this section and for a Form III filed between October 1, 1989, and July 1, 1990, the fee shall be ninety per cent of the amount specified in said subsection (c). (e) If a Form II is filed after July 1, 1990, and before October 1, 1995, and within three years following completion of remedial measures as approved by the Commissioner of Environmental Protection, the fee for such transfer shall be the fee specified in subsection (c) of this section. (f) The fees specified in subsections (b) and (e) of this section shall be due upon the filing of the notification required under section 22a-134a. (g) The fee specified in subsection (c) of this section shall be due in accordance with the following schedule: (1) Four thousand five hundred dollars shall be paid upon filing of the Form III; (2) the balance, if any, shall be paid within thirty days of receipt from the commissioner of written approval of a remedial action plan or within thirty days of the issuance of an order, consent agreement or stipulated judgment, whichever is earlier; (3) any remaining balance shall be paid within thirty days after receipt of written notice from the commissioner that it is due; (4) any refund, if applicable, will be paid after receipt of a letter from the commissioner stating that no further action is required or after receipt of a letter of compliance. (h) The fee specified in subsection (d) of this section shall be due in accordance with the following schedule: (1) Nine hundred dollars shall be paid within thirty days of receipt of a written notice of a fee due from the Commissioner of Environmental Protection; (2) the balance, if any, shall be paid within thirty days of receipt from the commissioner of written approval of a remedial action plan or within thirty days of the issuance of an order, consent agreement or stipulated judgment, whichever is earlier; (3) any remaining balance shall be paid within thirty days after receipt of written notice from the commissioner that it is due; (4) any refund, if applicable, will be paid after receipt of a letter from the commissioner stating that no further action is required or after receipt of a letter of compliance. (i) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. (j) The fees specified in this section shall be paid by the transferee of the establishment except that the fee for a Form III or Form IV shall be paid, on and after July 1, 1994, by the certifying party. (k) The fee for filing a Form III, on and after July 1, 1993, and before October 1, 1995, shall be as follows: (1) Twenty-three thousand dollars if the cost of remediation is equal to or greater than one million dollars; (2) twenty thousand dollars if the cost of remediation is equal to or greater than five hundred thousand dollars but less than one million dollars; (3) fourteen thousand dollars if the cost of remediation is equal to or greater than one hundred thousand dollars but less than five hundred thousand dollars; (4) four thousand five hundred dollars if the cost of remediation is equal to or greater than fifty thousand dollars but less than one hundred thousand dollars; (5) three thousand dollars if the cost of remediation is equal to or greater than twenty-five thousand dollars but less than fifty thousand dollars and (6) two thousand dollars if the cost of remediation is less than twenty-five thousand dollars. (l) The fee specified in subsection (k) of this section shall be due in accordance with the following schedule: (1) Two thousand dollars shall be paid upon the filing of the notification required under section 22a-134a if the cost of remediation is less than one hundred thousand dollars; (2) six thousand dollars shall be paid upon filing of the notification required under section 22a-134a if the cost of remediation is equal to or greater than one hundred thousand dollars; (3) the balance, if any, shall be paid within thirty days of receipt from the commissioner of written approval of a remedial action plan or within thirty days of the issuance of an order, consent agreement or stipulated judgment, whichever is earlier; (4) any remaining balance shall be paid within thirty days after receipt of written notice from the commissioner that it is due; (5) any refund, if applicable, will be paid after receipt of a letter from the commissioner stating that no further action is required or after receipt of a letter of compliance. After the deposit of any appropriated funds, funds from the sale of bonds of the state or any contribution pursuant to section 12-63f, 22a-16a, 22a-133t or 22a-133u or section 3 of public act 96-250* to the Special Contaminated Property Remediation and Insurance Fund established under section 22a-133t, any amount received by the commissioner pursuant to this section shall be deposited into said fund. (m) On and after October 1, 1995, the fee for filing a Form III or Form IV shall be due in accordance with the following schedule: An initial fee of two thousand dollars shall be submitted to the commissioner with the filing of a Form III or Form IV. If a licensed environmental professional verifies the remediation of the parcel and the commissioner has not notified the certifying party that the commissioner's written approval of the remediation is required, no additional fee shall be due. If the commissioner notifies the certifying party that the commissioner's written approval of the remediation is required, the balance of the total fee shall be due prior to the commissioner's issuance of his final approval of the remediation. (n) On and after October 1, 1995, the total fee for filing a Form III shall be as follows: (1) Twenty-three thousand dollars if the total cost of remediation is equal to or greater than one million dollars; (2) twenty thousand dollars if the total cost of remediation is equal to or greater than five hundred thousand dollars but less than one million dollars; (3) fourteen thousand dollars if the total cost of remediation is equal to or greater than one hundred thousand dollars but less than five hundred thousand dollars; (4) four thousand five hundred dollars if the total cost of remediation is equal to or greater than fifty thousand dollars but less than one hundred thousand dollars; (5) three thousand dollars if the total cost of remediation is equal to or greater than twenty-five thousand dollars but less than fifty thousand dollars; and (6) two thousand dollars if the total cost of remediation is less than twenty-five thousand dollars. (o) On and after October 1, 1995, the total fee for filing a Form IV shall be as follows: (1) Eleven thousand five hundred dollars if the total cost of remediation is equal to or greater than one million dollars; (2) ten thousand dollars if the total cost of remediation is equal to or greater than five hundred thousand dollars but less than one million dollars; (3) seven thousand dollars if the total cost of remediation is greater than or equal to one hundred thousand dollars but less than five hundred thousand dollars; (4) two thousand two hundred fifty dollars if the total cost of remediation is equal to or greater than fifty thousand dollars but less than one hundred thousand dollars; and (5) two thousand dollars if the total cost of remediation is less than fifty thousand dollars. (p) Notwithstanding any other provision of this section, the fee for filing a Form II or Form IV for a parcel for which the commissioner has issued a written approval of a remediation under subsection (c) of section 22a-133w within three years of the date of the filing of the form shall be the total fee for a Form III specified in subsection (n) of this section and shall be due upon the filing of the Form II or Form IV.
(P.A. 90-231, S. 5, 28; P.A. 91-369, S. 12, 36; P.A. 93-277, S. 1, 2; 93-435, S. 55, 95; P.A. 94-28, S. 1, 3; P.A. 95-183, S. 8; 95-190, S. 11, 17; P.A. 96-113, S. 35, 14, 17.)
History: P.A. 91-369 inserted a new Subsec. (a) defining "cost of clean up", amended Subsecs. (b), (c) and (d) to specify that the fee is for filing of notice under those subsections, amended Subsec. (d) to include in the requirements of that subsection certain sites which had not been approved by the commissioner before July 1, 1990, amended Subsec. (e) to specify that said subsection shall apply to transfer after July 1, 1990, amended Subsec. (g) to specify when certain portions of fees due under this section shall be due, deleted former Subsec. (h) re setting of fees on and after July 1, 1995, and added new Subsecs. concerning the setting of fees under this section by regulation and concerning payment of fees by the transferee, relettering previously existing Subsecs. as necessary; P.A. 93-277 amended Subsecs. (g) and (h) to specify procedures for payment of outstanding fee balances due and for refunds and added new Subsecs. (k) and (l) re a new graduated fee schedule to be in effect after July 1, 1993, effective June 23, 1993; P.A. 93-435 made a technical correction, effective June 28, 1993; P.A. 94-28 amended Subsec. (a) to add the definition of "notice" and amended Subsec. (j) to provide for payment of fee for filing notice under Subsec. (c) by the party making such certification, effective July 1, 1994; P.A. 95-183 amended Subsec. (a) to change "cost of clean-up" to "cost of remediation", included postremediation monitoring in such costs and deleted a definition of "notice", amended Subsecs. (b) to (e), (j) and (k) to replace references to former notices with references to new specific forms and added new Subsecs. (m) and (n) re filing fees after October 1, 1995; P.A. 95-190 amended Subsec. (l) to provide that fees received under this section be deposited into the Special Contaminated Property Remediation and Insurance Fund, effective July 1, 1996; P.A. 96-113 amended Subsec. (a) to provide a more comprehensive definition of "cost of remediation", amended Subsec. (e) to include certain Form II filings for measures not taken pursuant to an administrative order, amended Subsec. (l) to condition the timing of the initial deposit of fees into the Special Contaminated Property Remediation and Insurance Fund, designated provisions formerly part of Subsec. (m) as Subsec. (n), inserted new Subsec. (o) and relettered former Subsec. (n) as Subsec. (p), and made technical revisions in the text and a minor revision in the fee schedule and procedures, effective May 24, 1996.

 

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