DEEP: Requirement to Report Certain Environmental Hazards

Significant Environmental Hazard Program

Section 22a-6u of the Connecticut General Statutes (CGS) requires the owner of property which is the source or location of pollution causing a significant environmental hazard to notify the Department of Energy & Environmental Protection (DEEP) after they become aware of such conditions.

A technical environmental professional (TEP), is anyone, including a licensed environmental professional, who collects soil, water, vapor, or air samples to investigate and remediate soil or water pollution as an employee or consultant of a public or private employer. The TEP must notify clients and the owner of a property if, while investigating pollution, a determination is made that an environmental hazard is present.

In some circumstances, if an owner does not notify DEEP, the TEP's client must report the hazard to DEEP.

Types of Significant Environmental Hazard Conditions:

The significant environmental hazard (SEH) conditions that must be reported to DEEP when identified (because pollution is above threshold concentrations defined in the law) are:

  • Public or private drinking water supply wells with detected pollution (above or below an acceptable standard),
  • Polluted groundwater within 500 feet of a drinking water supply well with the potential to threaten drinking water supply well water quality,
  • Polluted groundwater beneath an occupied building with the potential to pose a risk to indoor air quality,
  • Polluted groundwater discharging to a surface water body with the potential to pose a risk to aquatic life,
  • Polluted soil present within two feet of the surface with the potential to pose a direct contact risk to humans, and
  • The presence of vapors from polluted soil, groundwater or residual free product at levels posing a potential explosion hazard and imminent threat to human health, public safety and the environment.

Relationship of Significant Environmental Hazard Condition Notification Response Activities to Site Remediation Activities:

The Significant Environmental Hazard Statute is intended to identify and abate short-term risks associated with specific environmental conditions identified in the law.  The law does not require that a release be fully remediated in order for a significant environmental hazard to be considered abated.  In some such cases a monitoring program to ensure continued protection of the environment may be required by DEEP. Long-term risks may exist at a release area after short-term risks (significant current exposures) have been abated.  Long-term risks can result from changes in site activities and uses which could change exposures, migration of contaminants over time, long-term exposure to contaminants at concentrations lower than the significant hazard thresholds, and other factors.  Many sites that have submitted notifications of significant environmental hazards either have not completed further remediation activity to achieve compliance with the State Remediation Standard Regulations or may not be subject to the affirmative requirement in state law to conduct further remediation to abate any long-term risks (CGS Section 22a-134).

Additional Information Regarding Significant Environmental Hazard Condition Notification:

Additional details on notification requirements can be found in the documents below.

Frequently Asked Questions About the Reporting of Certain Significant Environmental Hazards (PDF)

Fact Sheet - Reporting of Certain Significant Environmental Hazards (PDF)

Water Supply Well Receptor Guidance Document

Reference Tables for Significant Environmental Hazard Condition Notification Threshold Concentrations:

Reference Table A: Volatile Organic Substances

Reference Table B: Semi-volatile Organic Substances

Reference Table C: Inorganic Substances

Note: The statutory definition of the criteria governs hazard determinations in the event of any discrepancies.

List of Significant Environmental Hazards Reported to DEEP

Notification Form and Instructions for Reporting Significant Environmental Hazards:

Word Form / PDF Form / PDF Instructions

For further information, please contact the Remediation Division at (860) 424-3705.

Content Last Updated February 21, 2012