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

 

 

 

 

 

 

Sec. 22a-133x. Investigation and remediation of contaminated real property by owner.


Review by commissioner. Fee. (a) Except as provided in section 22a-133y a municipality, an owner of an establishment or an owner of property identified on the inventory of hazardous waste disposal sites maintained pursuant to section 22a-133c on October 1, 1995, may, at any time, submit to the commissioner an environmental condition assessment form for such real property owned by such municipality or such owner and an initial review fee in accordance with subsection (e) of this section. Within thirty days of his receipt of such form, the commissioner shall notify the owner, in writing, whether or not review and written approval of any remedial action at such establishment or property by the commissioner will be required. The commissioner shall not process any such form submitted pursuant to this section unless such form is accompanied by the required initial review fee. For the purposes of this section, "municipality" means any of the one hundred sixty-nine towns of the state. (b) If the commissioner notifies the owner that he will not formally review and approve in writing the investigation and remediation of the parcel, the owner shall, on or before ninety days of the receipt of such notice, submit a statement of proposed actions for investigating and remediating the parcel and a schedule for implementing such actions. The commissioner may require the owner to submit to him copies of technical plans and reports related to investigation and remediation of the parcel, and may notify the owner if the commissioner determines that the commissioner's review and written approval is necessary. The commissioner shall require that the certifying party 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 owner shall advise the commissioner of any modifications to the proposed schedule. Upon receipt of a verification by a licensed environmental professional that the parcel has been remediated in accordance with the remediation standards the owner shall submit a copy of such verification to the commissioner. (c) If the commissioner notifies the owner that he will formally review and approve in writing the investigation and remediation of the parcel, the owner 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; and (2) submitting to the commissioner technical plans, technical reports and progress reports related to such investigation and remediation. Upon the commissioner's approval of such schedule, the owner 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 owner 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 owner to such schedule or investigation and remediation and may notify the owner, in writing, if he determines that it is appropriate to discontinue formal review and approval of the investigation or remediation. (d) If, in accordance with the provisions of this section, the commissioner has approved in writing or, as applicable, a licensed environmental professional has verified, that the parcel has been remediated in accordance with the remediation standards, such approval or verification may be used as the basis for submitting a Form II pursuant to sections 22a-134 to 22a-134e, inclusive, provided there has been no additional discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste at or on the parcel subsequent to the date of the commissioner's approval or verification by a licensed environmental professional. (e) The fee for submitting an environmental condition assessment form to the commissioner pursuant to this section shall be two thousand dollars and shall be paid at the time the environmental condition assessment form is submitted. Any fee paid pursuant to this section shall be deducted from any fee required by subsection (m) or (n) of section 22a-134e for the transfer of any parcel for which an environmental condition assessment form has been submitted within three years of such transfer. (f) Nothing in this section shall be construed to affect or impair the voluntary site remediation process provided for in section 22a-133y.
(P.A. 95-183, S. 3; P.A. 96-113, S. 7, 17.)
History: P.A. 96-113 amended Subsec. (a) to add definition of "municipality", effective May 24, 1996.

 

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Last modified: September 22, 1999