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

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

Program Overview
 
This Voluntary Remediation Program (VRP) is an elective program in which an Environmental Condition Assessment Form (ECAF) and fee are filed with DEEP so that any party can expedite the investigation and remediation of any contaminated property.

Authorizing Statute  CGS section 22a-133x

Environmental Condition Assessment Form (ECAF)

The ECAF (Instructions) can be prepared by any person under the supervision of a Licensed Environmental Professional (LEP) and submitted to DEEP with the filing fee.   

Fees

The required review fee of $3,250 for this program must be submitted with the ECAF.  If the property transfers within three years of the filing, the $3,250 filing fee can be applied toward the Property Transfer Filing fee required by the Property Transfer Program, pursuant to CGS section 22a-134e.

Program Procedures

If the Commissionerís formal review and approval is required, the Commissioner will notify the applicant within 30 days of receipt of the filing fee and ECAF.  If the applicant does not receive such notification, oversight of the investigation and remediation is automatically delegated to a LEP (the Commissioner retains the right to rescind that delegation).

LEP Oversight

The applicant must submit the proposed actions for investigation and remediation of the parcel or release area and a schedule for implementing those actions within 90 days of the submittal of the ECAF and filing fee.  The applicant must include the name of the LEP who will oversee investigation and remediation activities and the anticipated dates for the following milestones:

  • submittal to DEEP of the investigation report(s) and remedial action plan(s);
  • public notice of remedial action prior to commencement of remedial action, pursuant to CGS section 22a-133x(i) (submit a copy to DEEP immediately following publication); and
  • submittal of the LEP's verification following completion of remediation.
The applicant must notify DEEP in writing within 30 days of:
  • any change in the selection of the LEP,
  • any modification to the proposed schedule, and
  • suspension or termination of work at the site under this program.
Public Notice of Remedial Action 

Prior to beginning remedial action, the applicant must publish a notice of remedial action in an area newspaper (submit copy to DEEP), notify the municipalityís health director, and either erect and maintain a sign or mail notice of the remedial action to owners of abutting properties, as specified in CGS section 133x(i).
Verifications 

Verifications must be on forms prescribed by the Commissioner and include a Verification Report.  CGS section 22a-133x verification forms are available for a Release Area, a Portion of Property, a Parcel, and Interim Verification.  Please note that for Interim Verifications, the applicant is required to:
  • identify the long-term remedy that is being implemented;
  • identify the estimated duration of the remedy;
  • identify the ongoing operation and maintenance requirements of the remedy;  
  • submit annual status reports to DEEP; and
  • verify that there are no exposure pathways to the groundwater that have not yet met the remediation standards.
DEEP Oversight 
Within 30 days of the notification that the Commissioner's formal review and approval is required, the applicant must submit:
  • a proposed schedule for 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 must submit all technical plans, reports, and progress reports for the Commissionerís review and written approval.  Upon the Commissionerís approval of all actions needed to achieve compliance with the RSRs, the applicant will receive written notice that the remediation is approved.  
Mailing and Contact Information

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

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

Submit 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 March 6, 2018