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

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


Program Overview

This Voluntary Remediation Program (VRP) is an elective program for property owners to expedite the remediation of certain contaminated properties.

Authorizing Statutes CGS section 22a-133y

Applicability

To enter into this program, the property must:

  1. be located in an area where groundwater is classified as GB or GC; and
  2. not be subject to any Administrative Order, Consent Order, or Stipulated Judgment issued by the Commissioner or the court regarding the contamination.
Fee  No fee.

Program Procedures

Remedial Action Plan 
Prior to starting remedial action, the property owner must submit a Remedial Action Plan (RAP) prepared by a Licensed Environmental Professional (LEP) to the Commissioner upon entry into the VRP under CGS section 22a-133y.  The Commissioner may review and advise the owner as to the adequacy of the RAP.  DEEP will not accept a property into this program if the remediation has already started without submittal of the required RAP.

Public Notice of Remedial Action
Prior to beginning remedial action, the applicant must publish a notice of remedial action in an area newspaper, notify the municipality’s 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 22a-133y(b).

Verification and Final Remedial Action Report
The LEP must verify that an investigation has been performed at the property in accordance with prevailing standards and guidelines, and that all actions taken to contain, remove or mitigate the release area(s) at the property have been completed in accordance with the Remediation Standard Regulations (RSRs).

The LEP shall prepare and submit a Verification Form  and Final Remedial Action Report (FRAR).  The FRAR shall be deemed approved unless the Commissioner determines within sixty 60 days of the submittal that an audit of the remedial action is necessary.  The LEP must verify that an Environmental Land Use Restriction (ELUR) is not needed to achieve compliance with the RSRs, that an ELUR has been executed and recorded, or an ELUR will be executed and recorded. 

Environmental Land Use Restriction
If an ELUR has been recorded prior to the verification, the date that the ELUR was recorded on the land records along with a copy of the Certificate of Title page must be attached to the FRAR.  This is required to ensure that all stakeholders know that the ELUR has indeed been recorded, and the specific RSR provision is, therefore, complete.

If an ELUR will be required to achieve compliance with a particular provision of the RSRs but has not been executed at the time of the verification, documentation of the property owner’s consent to record an ELUR must be provided in the FRAR along with specific information about the restriction(s) needed.  DEEP expects copies of the ELUR and the Certificate of Title page (with volume and page deed references and the date recorded) to be submitted within one year of the verification.

It is also important to provide detailed information related to any financial surety mechanisms that have been established for Commissioner-Approved engineered controls in the FRAR. 

Maintenance of Records

The property owner must maintain all records relating to the remedial action for at least 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 March 6, 2018