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PROPERTY TRANSFER PROGRAM

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Site Remediation PROPERTY TRANSFER PROGRAM

 

 

 

 

 

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

 

The State of Connecticut Department of Environmental Protection

PROPERTY TRANSFER PROGRAM

NOTE: This is not a permitting program. This fact sheet contains information about changes in the Property Transfer Law which are effective on October 1, 1995.

Program Overview

The property transfer program requires the disclosure of environmental conditions when certain real properties and/or businesses are transferred. The program is administered by the Water Management Bureau. When an establishment is transferred, one of four forms must be executed and a copy of the form must be filed with the Department. When transferring an establishment where there has been a release of a hazardous waste, a party associated with the transfer must certi~ to investigate and remediate the parcel~

Authorizing Statutes

Sections 22a-134 through 22a-134e of the Connecticut General Statutes (CGS) as amended by Public Act 95-183 are known as '9the property transfer law."

Guidance A "Transfer Act Site Assessment Guidance Document" is available.

Who Must Comply?

Whenever an establishment is transferred, the parties involved must comply with the property transfer law. You should carefully review the definitions in section 22a- 134 CGS, particularly the definitions of "establishment" and "transfer of establishment" to accurately determine the applicability of the property transfer law to the subject transaction. A transfer generally refers to any change in ownership of the real properties and/or businesses which meet the definition of establishment. 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 activities, more than one hundred kilograms of hazardous waste in any one month or which recycled, reclaimed, reused, stored, handled, treated, transported or disposed of hazardous waste generated by another person or municipality, or (B) the process of dry cleaning was conducted on or after May 1, 1967, (C) furniture stripping was conducted on or after May 1, 1967, or (D) a vehicle body repair shop or vehicle painting shop is or was located on or after May 1, 1967.

Required Documents

Property Transfer Forms (Forms I, II, III & IV) are provided by the Property Transfer Program. The filing must be on an original or photocopied form prescribed by the Commissioner.

Complete a Form I when no release of hazardous waste has occurred at the parcel being transferred.

Complete a Form II when a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste has occurred, but a cleanup has been completed and approved in writing by the Commissioner or has been verified pursuant to section 2 or 3 of Public Act 95-183 by a licensed environmental professional to have been performed in accordance with the remediation standards. Written documentation of the Commissioner's approval or with en LEP verification must accompany the submission of the Form II.

Complete a Form III when a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste has occurred at the parcel or the environmental conditions at the parcel are unknown. A certi~ing party must certi~ to the Commissioner to investigate and remediate the site in accordance with the remediation standards. The statute does not require completion of remediation before the parcel is transferred. Any person submitting a Form III shall simultaneously submit a completed environmental condition assessment form (ECAF).

Complete a Form IV when there has been when a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste on the parcel, and all actions to remediate the site have been taken in accordance with the remediation standards except postremediation monitoring or natural attenuation monitoring. The person or persons signing the Form IV must agree, in accordance with the representations made in the form, to conduct postremediation monitoring or natural attenuation monitoring in accordance with the remediation standard regulations, and must further certify that if further remediation is necessary based upon the results of such monitoring, to perform further actions to remediate the parcel in accordance with the remediation standards. Any person submitting a Form IV shall simultaneously submit a completed environmental condition assessment form (ECAF).

Environmental Condition Assessment Form (ECAF)

A form prescribed and provided by the Commissioner and prepared by (A) the certif~ing party under sections 22a-134 to 22a 134e CGS, inclusive, or (B) the owner of the property under section 3 of Public Act 95-183 which describes the environmental condition of the site.

Fees

ft is important to note that for forms filed prior to 10/01/95, a ~fferent fee structure applies. Questions on forms filed prior to 10/01/95 should be directed to Kim Maiorano at (860) 424-378&

The fee structure for forms filed after 10/01/95 is as follows:

Form Filing fee is $200.00, and is due in full upon filing.

Form filing fee is $700.00 except when a site was remediated and the Commissioner approved a cleanup within three years of the transfer, in which case the fee is the same as for a Form III pursuant to section 22a-134e(m) CGS. The appropriate Form II fee is due in full upon filing.

Form III filing fees:

Initial fee due upon filing $2,000.00

Form III total filing fee is dependent on whether DEP or LEP approves the cleanup.

If an LEP verifies the cleanup, no subsequent fee is due. If the Commissioner approves the cleanup, the subsequent fee is based on the cost of cleanup (COC) and is due 30 days after the Commissioner issues his final approval of the remediation..

$ 0 if COC is< $ 25,000

$ 1,000 if COC is> $ 25,000 and < $ 50,000

$ 2,500 if COC is> $ 50,000 and < $ 100,000

$12,000 if COC is> $ 100,000 and < $ 500,000

$18,000 if COC is> $ 500,000 and < $1,000,000

$21,000 if COC is> $1,000,000

Form filing fees:

Initial fee due upon filing is $2,000.00

The subsequent fee for a Form IV is fifty percent (50%) of the Form III fees listed above, depending on the total cost of cleanup, and is due 30 days after the Commissioner issues his final approval.

Program Procedures

In the event of a voluntary cleanup pursuant to section 3 of Public Act 95-183, the filing fee for an ECAF is $2000.00. The $2000.00 may be deducted from a future transfer filing fee if such transfer occurs within three years of ECAF submission.

 

 

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Last modified: September 22, 1999