Sec. 22a-134uu. Auditing of verifications. Report.
Sec. 22a-134rr. Reporting and remediation of certain releases. Requirements. Internet database of reports and verifications. (a) Any person who creates or maintains a release to the land and waters of the state on or after the date when regulations are effective after adoption pursuant to section 22a-134tt shall, upon discovery of such release: (1) Report the release, if such a report is required by the regulations adopted pursuant to section 22a-134tt, and (2) remediate any release to the standards identified in regulations adopted pursuant to section 22a-134tt. If any person fails to comply with the provisions of this section and section 22a-134tt, such person shall be liable for any costs incurred by the commissioner in accordance with section 22a-451, or costs incurred by any other person who contains or removes or otherwise mitigates the effects of such release in accordance with section 22a-452.
(b) A release shall not be deemed discovered if the only evidence of such release is data available or generated before the effective date of regulations adopted pursuant to section 22a-134tt.
(c) On any parcel required to be investigated and remediated pursuant to sections 22a-134 to 22a-134e, inclusive, and sections 22a-134h to 22a-134i, inclusive:
(1) Only releases that occurred prior to the filing of a Form I, Form II, Form III or Form IV but that were not discovered until (A) after the date of the commissioner's approval of the remediation, or (B) the date to which the verification applies, as designated on the form submitted to the commissioner in connection with a Form III or Form IV verification, or (C) the date on which the Form I or Form II was filed shall be subject to the requirements of sections 22a-134qq to 22a-134xx, inclusive;
(2) Any release that occurs after the filing of a Form I, Form II, Form III or Form IV shall be subject to the requirements of sections 22a-134qq to 22a-134xx, inclusive, except that when a Phase II investigation has been completed after the filing of a Form III or Form IV, only releases which occur after the date of the Phase II investigation shall be subject to the requirements of sections 22a-134qq to 22a-134xx, inclusive; and
(3) For the purposes of this subsection, “parcel”, “Form I”, “Form II”, “Form III” and “Form IV” have the same meanings as provided in section 22a-134.
(d) On any brownfield site accepted into a brownfields program:
(1) Releases that are discovered before the date on which the remediation requirements of the applicable brownfields program are fully satisfied shall continue to be subject to the applicable brownfields program and shall not be subject to sections 22a-134qq to 22a-134xx, inclusive;
(2) Releases that are discovered after but which occur prior to the date on which the remediation requirements of the applicable brownfields program are fully satisfied shall continue to be subject to such program and shall not be subject to sections 22a-134qq to 22a-134xx, inclusive. Nothing in sections 22a-134qq to 22a-134xx, inclusive, shall be construed to affect any liability protection afforded by any applicable brownfields program or a covenant not to sue entered into by the commissioner;
(3) Releases that occur after the date on which the requirements of the applicable brownfields program are fully satisfied shall be subject to sections 22a-134qq to 22a-134xx, inclusive. Liability for any such releases shall remain subject to the provisions of section 22a-134vv concerning liability protection afforded or a covenant not to sue entered into by the commissioner.
(e) Within available resources, the department shall provide a publicly accessible Internet database that contains all reports and verifications submitted as required by this section. Such database shall provide for the electronic submission of reports and verifications and search functionality. If such a system is not available at the time regulations are first adopted pursuant to section 22a-134tt, the department shall file an update on its progress for publication in the Environmental Monitor.
(Sept. Sp. Sess. P.A. 20-9, S. 17; P.A. 25-6, S. 1; 25-54, S. 4.)
History: Sept. Sp. Sess. P.A. 20-9 effective October 2, 2020; P.A. 25-6 amended Subsec. (a) to change date on and after which a release that is discovered is required to be reported and remediated from “the date when regulations are first adopted pursuant to section 22a-134tt” to “the date when regulations are effective after adoption pursuant to section 22a-134tt”, effective May 13, 2025; P.A. 25-54 amended Subsec. (b) by replacing “before the date when regulations are first adopted pursuant to section 22a-134tt” with “before the effective date of regulations adopted pursuant to section 22a-134tt”, effective June 10, 2025.
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Sec. 22a-134tt. Regulations. Working group. Regulation requirements. Remediation standards considerations. Audit requirements. Incorporation of other requirements. (a) The commissioner shall adopt, amend or repeal regulations, in accordance with the provisions of chapter 54, as are necessary and proper to carry out the purposes of sections 22a-134pp to 22a-134xx, inclusive.
(b) (1) The commissioner, or his or her designee, shall co-chair and convene, jointly with the Commissioner of Economic and Community Development, or his or her designee, a working group in the department for the purpose of providing advice and feedback for regulations to be adopted by the commissioner in accordance with the provisions of this section and, after the adoption of such regulations, to evaluate the implementation and efficacy of the release-based cleanup program. The Commissioner of Economic and Community Development, or his or her designee, shall serve as co-chairperson of such working group and may consult with a member of the brownfields working group established pursuant to section 32-770 in implementing the provisions of this subsection.
(2) Prior to the effective date of the regulations adopted pursuant to this section, the membership of the working group shall include: (A) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the environment and commerce; (B) environmental transaction attorneys; (C) commercial real estate brokers; (D) licensed environmental professionals; (E) representatives from the Connecticut Manufacturers' Collaborative; (F) representatives of environmental advocacy groups; (G) representatives of the Environmental Professionals Organization of Connecticut; (H) municipal representatives; (I) representatives from the brownfields working group established pursuant to section 32-770; (J) representatives of the Connecticut Conference of Municipalities and the Connecticut Council of Small Towns; (K) representatives of the Council on Environmental Quality; and (L) any other interested members of the public designated by the commissioner.
(3) On and after the effective date of the regulations adopted pursuant to this section, the membership of the working group shall include: (A) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the environment and commerce; (B) fifteen members mutually selected and agreed upon by the Commissioners of Energy and Environmental Protection and Economic and Community Development, consisting of (i) two environmental transaction attorneys, (ii) two representatives of a professional organization representing residential and commercial real estate brokers, (iii) one licensed environmental professional, (iv) one representative of an environmental advocacy group, (v) two representatives of the Environmental Professionals Organization of Connecticut, (vi) two municipal representatives, one from a municipality with a population of not less than seventy thousand and one from a municipality with a population of not more than seventy thousand, (vii) two representatives from the brownfields working group established pursuant to section 32-770, (viii) two representatives of an association representing business and industry in the state, and (ix) one representative of an association representing the banking industry in the state; (C) one member selected by the Commissioner of Energy and Environmental Protection who is mutually agreed to by the Commissioner of Economic and Community Development; and (D) one member selected by the Commissioner of Economic and Community Development who is mutually agreed to by the Commissioner of Energy and Environmental Protection.
(4) The commissioner shall convene monthly meetings of such working group until such time as regulations are adopted pursuant to this section. Not less than sixty days before posting notice on the eRegulations System pursuant to section 4-168, the commissioner shall provide a draft of such regulations to the members of the working group and allow members of the working group to provide advice and feedback on such draft. The members of the working group shall provide such advice and feedback not later than thirty days after the date on which such members receive such draft. Not less than fifteen days before posting such notice on the eRegulations System pursuant to section 4-168, the commissioner shall convene at least one monthly meeting of the working group after providing a draft of such regulations. The commissioner shall provide a revised draft for review by such members prior to posting notice on the eRegulations System pursuant to section 4-168.
(5) (A) After the adoption of regulations pursuant to this section, the working group shall meet at least quarterly until February 1, 2030, to (i) advise the Commissioners of Energy and Environmental Protection and Economic and Community Development on issues related to the implementation and efficacy of the release-based cleanup program, (ii) provide feedback regarding the implementation and efficacy of the release-based cleanup program, and (iii) review and make recommendations regarding the laws and regulations relating to release-based remediation.
(B) The working group shall consider and develop recommendations regarding relevant available data. Such relevant available data shall include, but need not be limited to, data concerning the following: (i) Number and type of releases reported; (ii) number and type of releases reported on properties used for residential purposes, including the status of reported releases and the timeframe and effort needed to close such releases; (iii) percentage of releases discovered through multiple lines of evidence; (iv) number of verifications and certifications submitted; (v) duration between discovery of a release and remediation to the standards adopted pursuant to this section; (vi) types and numbers of releases assigned to a tier for management of a long-term cleanup; (vii) percentage of releases assigned to a group at the time of tiering; (viii) number of audits conducted; (ix) number of enforcement actions taken; (x) number and amount of fines and penalties assessed; (xi) any expedited closure process applicable to owner-occupied single family homes for any heating oil spill; (xii) number of sites remaining to be remediated pursuant to the provisions of sections 22a-134 to 22a-134e, inclusive, and any identified barriers to achieving compliance therewith; and (xiii) extent to which data is available, the cost of compliance for releases on parcels where owner-occupied single family homes and one-to-four family homes are located.
(C) The working group shall evaluate the lower bounds provisions of the regulations adopted pursuant to this section. Such evaluation shall include, but need not be limited to: (i) Whether additional lower bounds provisions for volatile organic substances or releases discovered in groundwater are necessary based on available data regarding the number and type of such releases in the release-based cleanup program, the concentration at which such releases were discovered and the risk to human health and the environment presented by such releases; (ii) the impact of pollutant mobility criteria adopted pursuant to this section on the lower bounds provisions; (iii) any associated financial impact to homeowners as a result of the lower bounds provisions; (iv) whether modifications to the lower bounds provisions may be needed to balance the protection of human health and the cost to homeowners; (v) the differences between such regulations and similar regulations in neighboring states; and (vi) the frequency and types of testing required to determine if a release is below the lower bounds criteria.
(D) The working group may review and assess any guidance document that the Department of Energy and Environmental Protection issues concerning the regulations adopted pursuant to this section and make a recommendation on whether any such guidance document should be adopted as a regulation in accordance with the provisions of chapter 54.
(E) The working group shall provide an opportunity for public comment and seek input from stakeholders while conducting the review and developing its recommendations under this subdivision.
(F) Not later than February 1, 2028, and February 1, 2030, the Commissioners of Energy and Environmental Protection and Economic and Community Development shall submit a report on the findings and recommendations of the working group regarding the release-based cleanup program, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to the environment and commerce.
(c) Such regulations shall include, but need not be limited to, provisions regarding (1) reporting requirements for any releases required to be reported pursuant to sections 22a-134qq to 22a-134tt, inclusive, including, but not limited to, reportable quantities and concentrations above which a release shall be reported in accordance with said sections; (2) procedures and deadlines for remediation, including public participation; (3) standards for remediation for any release to the land and waters of the state, including environmental use restrictions, as defined in section 22a-133o; (4) verification and commissioner's audit of remediation; (5) supervision of remediation based on pollutant type, concentration or volume, or based on the imminence of harm to public health; and (6) any required fees.
(d) In any regulation adopted pursuant to subsection (a) of this section, the commissioner shall specify tiers of releases based on risk, as determined by the commissioner, and that, based on the tier to which such release is assigned, certain releases may be remediated under the supervision of a licensed environmental professional, without the supervision of the commissioner, and may be remediated without being verified. Tiers of releases shall be specified based on: (1) The existence, source, nature and extent of a release; (2) the nature and extent of danger to public health, safety, welfare and the environment, both immediate and over time; (3) the magnitude and complexity of the actions necessary to assess, contain or remove the release; (4) the extent to which the proposed remediation will not remove the release, in its entirety, from the land and waters of the state but will instead leave behind pollutants to be managed using a risk mitigation approach authorized by regulations adopted pursuant to this section; and (5) the extent to which the oversight of the commissioner is necessary to ensure compliance with the provisions of sections 22a-134qq to 22a-134tt, inclusive.
(e) (1) In any regulation adopted pursuant to subsection (a) of this section, the commissioner shall specify the types of releases to be reported and the timeframe for such reporting. When specifying the types of releases that shall be reported and the timeframes for reporting releases, the commissioner shall consider the factors specified in subdivisions (1), (2), (3) and (5) of subsection (d) of this section.
(2) Such regulations may exempt the requirement for a report if remediation can be accomplished through containment, removal or mitigation of a release upon discovery and in a manner and by a timeframe specified in the regulations adopted pursuant to subsection (a) of this section, provided such regulations shall specify that certain records be maintained by the person performing a cleanup and a schedule for the retention of such records.
(3) Such regulations may require any such report be made in a timeframe commensurate with the severity of the risk posed by such release, with the shortest reporting time corresponding to releases that pose an imminent or substantial threat to human health or the environment, including, but not limited to, residential areas, parks and schools, or releases that exist near drinking water supplies or that present a higher risk to human health or the environment. Such regulations shall permit a longer timeframe for a report of a release that does not pose an imminent or significant threat to human health or the environment.
(4) Such regulations shall provide for a process to amend or retract release reports that were reported in error.
(5) No release required to be reported by regulations adopted pursuant to section 22a-450 shall also be required to be reported by regulations adopted pursuant to subsection (a) of this section.
(f) In establishing standards for remediation adopted pursuant to subsection (a) of this section, the commissioner shall (1) consider the standards for remediation set forth in regulations adopted pursuant to section 22a-133k; (2) give preference to cleanup methods that are permanent, if feasible; (3) provide flexibility, when appropriate, for licensed environmental professionals to establish and implement risk-based alternative cleanup standards developed in consideration of site use, exposure assumptions, geologic and hydrogeologic conditions and physical and chemical properties of each substance that comprise a release; (4) consider any factor the commissioner deems appropriate, including, but not limited to, groundwater classification of the site; and (5) provide for standards of remediation less stringent than those required for residential land use for polluted properties that (A) are located in areas classified as GB or GC under the standards adopted by the commissioner for classification of groundwater, (B) have historically been used for industrial or commercial purposes, and (C) are not subject to an order issued by the commissioner regarding such release, consent order or stipulated judgment regarding such release, provided an environmental use restriction is executed for any such property subsequent to the remedial action, in accordance with the provisions of section 22a-133aa, and such regulations specify the types of industrial or commercial land uses to which any such property may be put subsequent to such remedial action.
(g) The regulations adopted pursuant to subsection (a) of this section regarding audits shall:
(1) Authorize the commissioner to audit any verification;
(2) Set goals for the number of audits to be conducted. Such goals shall be consistent with the requirements of section 22a-134uu and shall, at a minimum, set a goal of auditing twenty per cent of verifications rendered for releases from at least one tier and set a goal of auditing verifications rendered for releases from the other tiers at a frequency that is based on the number of verifications submitted for releases in each tier;
(3) Prioritize the auditing of higher risk releases that may jeopardize human health or the environment;
(4) Utilize multiple levels of auditing. The levels of auditing may include:
(A) Screening documents or forms submitted to the department;
(B) Conducting a thorough evaluation of the verification, including, but not limited to, inspecting a property or requesting additional supporting information regarding an investigation or remediation of a release; and
(C) Auditing focused on specific issues identified in screening documents or forms, conditions specific to a particular release or issues that present a higher risk to human health or the environment; and
(5) Provide certain timeframes for commencing audits that shall be no later than one year after verification and provide opportunities to reopen a remediation when: (A) 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, (B) a verification is submitted pursuant to an order of the commissioner, in accordance with section 22a-134ss, (C) any post-verification monitoring, or operations and maintenance, is required as part of a verification and which is not completed, (D) 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, (E) the commissioner determines that there has been a violation of the provisions of sections 22a-134qq to 22a-134tt, inclusive, or (F) 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) In adopting the regulations prescribed by this section, the commissioner shall incorporate the requirements of other cleanup provisions of the general statutes to assure consistency, clarity and efficiency in the application of remediation requirements contained in the general statutes and other applicable provisions of the regulations of Connecticut state agencies by the commissioner and members of the regulated community.
(Sept. Sp. Sess. P.A. 20-9, S. 19; P.A. 22-50, S. 6; 22-118, S. 159; P.A. 25-54, S. 1.)
History: Sept. Sp. Sess. P.A. 20-9 effective October 2, 2020; P.A. 22-50 amended Subsec. (b) by adding provisions re duties of commissioner and working group members re draft regulations prior to posting notice on eRegulations system, effective May 23, 2022; P.A. 22-18 made identical changes as P.A. 22-50, effective May 7, 2022; P.A. 25-54 amended Subsec. (b) by adding provisions re duties and membership of working group after date regulations are adopted pursuant to this section, authorizing the Commissioner of Economic and Community Development to consult with member of brownfields working group, and made conforming and technical changes, effective June 10, 2025.
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Sec. 22a-134uu. Auditing of verifications. Report. (a) The commissioner shall audit a sufficient number of verifications submitted pursuant to regulations adopted pursuant to section 22a-134tt to ensure the protection of human health and the environment and a high frequency of compliance with the regulations adopted pursuant to section 22a-134tt.
(b) Beginning two years after the date regulations are first adopted pursuant to section 22a-134tt, and annually thereafter, the commissioner shall provide to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to the environment and commerce a report regarding the auditing of verifications submitted during the previous year pursuant to regulations adopted pursuant to section 22a-134tt. Such report shall also be published on the department's Internet web site. Any such report shall include, but not be limited to, the number of releases reported, the number of verifications submitted, the number of audits conducted, the results of the audits conducted and any recommendations for improving the auditing of verifications. Such recommendations may include, but need not be limited to, staffing levels or the adequacy of such audits.
(c) If the only use of a parcel where a release has been discovered and remediated is for an owner-occupied, single-family home, the commissioner shall not reopen such remediation on the basis of a determination by the commissioner that there has been a violation of the provisions of sections 22a-134qq to 22a-134tt, inclusive.
(Sept. Sp. Sess. P.A. 20-9, S. 20; P.A. 25-54, S. 5.)
History: Sept. Sp. Sess. P.A. 20-9 effective October 2, 2020; P.A. 25-54 added Subsec. (c) re commissioner not auditing a verification of a parcel that was only used as an owner-occupied, single-family home.
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Sec. 22a-134yy. Residential activity restriction. Definition. Notice of use limitation. Regulation considerations. (a) For the purposes of this section, “residential activity” means any activity at a (1) place intended for people to live, including, but not limited to, a residence, dwelling, house, apartment, condominium, nursing home or dormitory; (2) preschool, primary school, secondary school, day care center, playground or outdoor recreational area; or (3) hospital, solely for the purposes of compliance with the volatilization criteria specified in the regulations adopted pursuant to section 22a-134tt.
(b) For the purposes of determining the applicability of and compliance with regulations adopted pursuant to section 22a-134tt, residential activity shall be considered to be restricted upon the discovery of a release until the remediation of such release to the standards adopted pursuant to section 22a-134tt is complete, provided such parcel is not available for or used for any residential activity and, not more than thirty days after discovery of a release, the person who created or is maintaining the release notifies the commissioner of such restriction.
(c) A notification submitted pursuant to subsection (b) of this section shall: (1) Identify the date and approximate location of the release; (2) describe the current land use of the parcel on which the release was discovered; (3) contain a certification by the owner of the parcel that no residential activity is being conducted on the parcel and that residential activity will be restricted; and (4) be verified by a licensed environmental professional. The person who created or is maintaining a release shall inspect such parcel for residential activity annually, and an updated notification shall be submitted to the commissioner annually until the release has been remediated to the standards for remediation adopted pursuant to section 22a-134tt.
(d) A residential activity restriction imposed pursuant to this section shall not relieve any person of the requirement to record an environmental use restriction to demonstrate compliance with standards for remediation adopted pursuant to section 22a-134tt. If a release is exempt from the requirements of regulations adopted pursuant to section 22a-134tt based on the restriction of residential activity pursuant to this section, an environmental use restriction shall be recorded not more than thirty months after discovery of such release or such interim residential use restriction shall not apply and such release shall be remediated to the standards for remediation in regulations adopted pursuant to section 22a-134tt.
(e) Notwithstanding the requirements of regulations adopted pursuant to section 22a-134tt, if residential activity is restricted pursuant to this section, the industrial or commercial criteria specified in the regulations adopted pursuant to section 22a-134tt shall be the applicable criteria for the purposes of calculating any exemption or satisfying any obligation, including any obligation regarding characterization, imposed by such regulations.
(P.A. 25-54, S. 6.)
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