DEEP: Voluntary Remediation Program CGS 22a-133x Fact Sheet

Voluntary Remediation Program
CGS section 22a-133x
An Environmental Program Fact Sheet

NOTE: There are two formal voluntary remediation programs in the State. These programs are pursuant to sections 22a-133x and 22a-133y of the Connecticut General Statutes (CGS).
 

Purpose

This voluntary remediation program pursuant to CGS section 22a-133x is available to any person to facilitate the remediation of any contaminated property in Connecticut. This is an elective program in which an Environmental Condition Assessment Form (ECAF) and fee are filed with the Department of Energy & Environmental Protection (DEEP) so that any person can expedite the voluntary investigation and remediation of any contaminated property.

Authorizing Statute

CGS section 22a-133x, as amended by Public Act 09-235 and Public Act 09-3.

Applicability

This program is available for any site, effective October 1, 2009.

Environmental Condition Assessment Form (ECAF)

The ECAF (Instructions) is a form prescribed and provided by the Commissioner, which is used to describe the environmental conditions of a site. In this voluntary remediation program, the ECAF can be prepared by any person under the supervision of a Licensed Environmental Professional (LEP) and submitted to DEEP with a filing fee.

Fees

Effective October 1, 2009, the required review fee for this voluntary remediation program is $3,250, and the fee must be submitted with the ECAF. Section 405 of Public act 09-3 amended CGS section 22a-133x(e) to increase the filing fee for entry into this program to this amount. (Note: If the property transfers within three years, the $3,250 filing fee under this program can be applied toward the Property Transfer Filing fee required by CGS section 22a-134e.)

Program Procedures

A LEP shall verify that the investigation of the parcel has been performed in accordance with prevailing standards and guidelines and that the remediation of the parcel has been performed in accordance with the Remediation Standard Regulations (RSRs), unless  within 30 days of the receipt of an ECAF and $3,250 filing fee, the Commissioner notifies the person (the applicant) submitting the ECAF in writing that the Commissioner's review and written approval of the investigation and remediation will be required.

COMMISSIONER'S OVERSIGHT NOT REQUIRED (LEP): If the Commissioner's formal review and approval of the remediation is not required at the parcel, 90 days after the submittal of the ECAF and filing fee, the applicant must submit a statement of the proposed actions for the investigation and remediation of the parcel or release area, and a schedule for implementing such actions. This submittal should provide the name of the LEP that will be retained to oversee investigation and remediation activities at the parcel. The schedule submitted to DEEP should provide the following:

  • submittal to DEEP of the investigation report(s) and remedial action plan(s) upon completion of such documents;
  • public notice of remedial action prior to commencement of remedial action, pursuant to CGS section 22a-133x(g);
  • submittal to DEEP of a copy of the public notice immediately following publication of such notice; and
  • submittal of the LEP's verification on a form prescribed by the Commissioner following completion of remediation.

DEEP should be notified in writing within 30 days should there be any change in the selection of the LEP originally identified, or any modification to the proposed schedule. Also, DEEP requests notification if the applicant is suspending or terminating work at the site under this program.

Notice of Remedial Action: Prior to the commencement of remedial action, the applicant must publish a notice of remedial action in a newspaper having a substantial circulation in the town where the property is located, notify the director of health of the municipality where the parcel is located, and provide notice of remedial action by either of the following means:

  1. Erect and maintain for at least thirty (30) days a legible sign not less than six (6) feet by four (4) feet which is clearly visible from a public highway and must 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 remedial action; or
  2. Mail notice of the remedial action to each owner of record of property which abuts such property at the address on the last-completed grand list of the relevant town.

Upon receipt of a written verification by a LEP that the parcel has been investigated in accordance with prevailing standards and guidelines and the remediation of the parcel has been performed in accordance with the RSRs, the applicant must submit the verification to DEEP on a form prescribed by the Commissioner.

COMMISSIONERíS OVERSIGHT (DEEP): If the Commissioner notifies the applicant that the Commissioner's formal review and approval of the investigation and remediation at the parcel is required, within 30 days of such written notice, the applicant must submit a proposed schedule for the investigation and remediation of the parcel, and a schedule for submitting related technical plans, reports, and progress reports. In accordance with the approved schedule, the applicant submits all technical plans, reports and progress reports for the Commissionerís review and written approval. Upon the Commissionerís approval of all actions identified in the technical plans, reports, and progress reports, the remediation will be complete, and the applicant shall receive written notice of such.

Mailing and Contact Information

The ECAF, supporting documents, if any, and $3,250.00 fee payment must be mailed to:

CENTRAL PERMIT PROCESSING UNIT, 1st FLOOR
DEPARTMENT OF ENERGY & ENVIRONMENTAL PROTECTION
79 ELM STREET, HARTFORD, CT 06106-5127

Mail all program implementation, subsequent correspondence, and questions to:

REMEDIATION DIVISION, 2nd Floor
BUREAU OF WATER PROTECTION AND LAND REUSE
DEPARTMENT OF ENERGY & ENVIRONMENTAL PROTECTION
79 ELM STREET, HARTFORD, CT 06106-5127
(860) 424-3705

This overview is designed to answer general questions and provide basic information. You should refer to the appropriate statutes and regulations for the specific language. It is your responsibility to comply with all applicable laws. The information contained in this fact sheet is intended only to acquaint you with this voluntary remediation program and does not constitute the Department's interpretation of the applicable laws.

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Content Last Updated December 8, 2016