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

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

NOTE: There are two voluntary programs in the State. This particular program is an elective process for which environmental assessments and remediation of properties located in areas which have a GB or GC ground water classification are performed by a Licensed Environmental Professional. This program requires the submission of a remedial action plan and remedial action report to the Commissioner.

Purpose

Public Act 95-190 "An Act Concerning Remediation of, and Liability for, Contaminated Real Property" became effective on October 1, 1995. This Act established a voluntary remediation program for owners of certain contaminated sites in Connecticut to facilitate the remediation of their property. This Act has since been codified as section 22a-133y of the Connecticut General Statutes (CGS).

Program Overview

The voluntary remediation program is overseen by the Remediation Division of the Bureau of Water Protection and Land Reuse, Department of Energy & Environmental Protection (DEEP).  Participation in the voluntary remediation program is not a regulatory requirement. It is an elective process for those property owners who wish to expedite the remediation of polluted property.

Authorizing Statutes

CGS section 22a-133y

Applicability

The following criteria for real property which has been subject to a spill must be met to allow for voluntary remediation under this program:
  1. Such property is located in an area where groundwater is classified as GB or GC; and
  2. Such property is not subject to any order, consent order or stipulated judgment issued by the Commissioner regarding such spill.

Who May Perform the Work

Any Licensed Environmental Professional (LEP) may conduct a Phase II Investigation or a Phase III investigation, prepare a Phase III remedial action plan, supervise remediation and submit a final remedial action report to the Commissioner for any real property subject to a spill which meets the criteria for voluntary remediation.

The LEP must render an opinion that the action taken to contain, remove, or mitigate the spill is in accordance with the remediation standards adopted by the Commissioner under CGS section 22a-133k.

Submittals Required

Remedial Action Plan
Prior to commencement of remedial action, the owner of the property must submit a remedial action plan prepared by a LEP to the Commissioner. The Commissioner may review and advise such owner as to the adequacy of such remediation plan.

Permits
Any permits required under CGS section 22a for the proposed remedial action must be obtained prior to the commencement of the remedial action plan. The Commissioner shall expedite the process for issuing any permits needed.

Notice of Remedial Action
Prior to the commencement of remedial action the owner of the property 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.

Final Remedial Action Report

A final remediation action report shall be prepared by a LEP and submitted to the Commissioner. The final remedial action report shall be deemed approved unless, within sixty (60) days of the submittal, the Commissioner determines that an audit of the remedial action is necessary to assess whether remedial action beyond that which is indicated in the report is necessary. The Commissioner may disapprove the report upon completion of an audit. The owner may appeal such disapproval.

Prior to approving a final remedial action report, the Commissioner may enter into a memorandum of understanding with the owner of such property with regard to any further remedial action or monitoring activities on or at such property which the Commissioner deems necessary for the protection of human health or the environment.

Approval of a final remedial action report shall be sufficient to support the filing of a Property Transfer Program Form II.

Land Use Restriction
Upon approval of the final remedial action report, the owner of the property shall execute and record an Environmental Land Use Restriction in accordance with the provisions of CGS section 22a-133o unless the LEP presents evidence, satisfactory to the Commissioner, that the remediation has achieved a standard sufficient to render such a restriction unnecessary, and the Commissioner issues a written finding that such restriction is not necessary.

Refer to CGS sections 22a-133n to 22a-133r for more information regarding Environmental Land Use Restrictions.

Maintenance of Records

The owner of the property must maintain all records relating to such remedial action for a period of not less than ten years.

Contact Information 

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 November 2006