The Property Transfer Program, administered by the Remediation Division of the Bureau of Water Protection and Land Reuse, requires the disclosure of environmental conditions when certain real properties and/or businesses ("establishments") are transferred. When an establishment is transferred, one of eight Property Transfer Forms must be executed, and a copy of the form must be filed with the Department of Energy & Environmental Protection. When transferring an establishment where there has been a release of a hazardous waste or a hazardous substance, the parties negotiate who will sign the Property Transfer Form as the Certifying Party to investigate the parcel and remediate pollution caused by any release of a hazardous waste or hazardous substance from the establishment.
It is important to note that in all transfers, an investigation of the parcel is required in accordance with prevailing standards and guidelines. When transferring a business that meets the definition of an establishment, any pollution caused by any release of a hazardous waste or a hazardous substance from the business operation must be considered to determine the appropriate form to file. One of four forms must be filed for the transfer of a business.
When transferring real estate that meets the definition of an establishment, the environmental condition of the entire parcel needs to be evaluated to determine the appropriate form to file. One of four forms must be filed for the transfer of real estate.
Sections 22a-134 through 22a-134e of the Connecticut General Statutes (CGS) are commonly known as "the property transfer law."
The Department has issued a final Site Characterization Guidance Document (SCGD) effective September 1, 2007. The SCGD describes the Department's expectations for the standard of care to be exercised by environmental professionals responsible for designing, conducting, and documenting site investigations and by any parties/ persons required by law to conduct an investigation of a property in accordance with prevailing standards and guidelines.
For Property Transfer sites, the Transfer Act Site Assessment Guidance Document (dated June 1989, revised November 1991) and the draft Site Characterization Guidance Document (dated June 12, 2000) are both superseded by the final SCGD.
Whenever an establishment is transferred, the parties involved in the transfer must comply with the property transfer law. You should carefully review the definitions in CGS Section 22a-134, particularly the definitions of "establishment" and "transfer of establishment," to accurately determine the applicability of the property transfer law to the subject transaction. A transfer generally refers to any change in ownership of the real property and/or business, which meets the definition of establishment.
Establishment means any real property at which or any business operation from which:
Property Transfer Forms (Forms I, II, III, IV, Environmental Condition Assessment Form (ECAF), verification forms, and LEP approval forms ) are provided by the Property Transfer Program. The filing must be on a form prescribed by the Commissioner.
Upon receipt of the Department's letter notifying the Certifying Party that a Form III filing is complete, oversight of the investigation and remediation of the parcel is automatically delegated to a LEP, unless the Department notifies the Certifying Party that review and approval of the investigation and remediation by the Department is required.
Fees must be accompanied by a Property Transfer Fee Payment Form.
Form I filing fee is $375.00, and is due in full upon filing.
Form II filing fee is $1,300.00, except when a site was remediated pursuant to CGS section 22a-133x and the Commissioner approved a cleanup within three years of the transfer, in which case the fee is the same as for a Form III pursuant to CGS section 22a-134e(n). The appropriate Form II fee is due in full upon filing.
Form III filing fees
Initial fee due upon filing is $3,000.00.
Form III total filing fee is dependent on whether the Department or a LEP approves the cleanup. If a LEP verifies the cleanup, no subsequent fee is due.
If the Commissioner approves the cleanup, the subsequent fee is based on the cost of cleanup (COC) and is due prior to the Commissioner's issuance of a final approval of the investigation and remediation.
$ 250 if COC is < $ 25,000
$ 1,750 if COC is > $ 25,000 and < $ 50,000
$ 4,000 if COC is > $ 50,000 and < $ 100,000
$18,250 if COC is > $ 100,000 and < $ 500,000
$27,250 if COC is > $ 500,000 and < $1,000,000
$31,750 if COC is > $1,000,000
Form IV filing fees
Initial fee due upon filing is $3,000.00.
Form IV total filing fee is dependent on whether the Department or a LEP approves the cleanup. If a LEP verifies the cleanup, no subsequent fee is due.
If the Commissioner approves the cleanup,, the subsequent fee for a Form IV is based on the total COC and is due prior to the Commissioner's issuance of final approval of the remediation.
$ 250 if COC is < $ 50,000
$ 625 if COC is > $ 50,000 and < $ 100,000
$ 7,750 if COC is > $ 100,000 and < $ 500,000
$12,250 if COC is > $ 500,000 and < $1,000,000
$14,550 if COC is > $1,000,000
Within 90 days of receipt of a Form I or Form II, the Commissioner shall notify the transferor whether the Form I or Form II is complete or incomplete.
Within 30 days of receipt of a Form III or Form IV, the Commissioner shall notify the Certifying Party whether the form is complete or incomplete.
Effective July 1, 2007, the Certifying Party shall use a LEP to oversee investigation of the parcel in accordance with prevailing standards and guidelines and remediation of the establishment in accordance with the RSRs, unless the Commissioner notifies the certifying party in writing that review and approval of the investigation and remediation by the Commissioner is required.
The Property Transfer Program process is also available in a flow chart format (PDF). The flow chart presents a generalized overview of the procedures and decisions associated with the Property Transfer Program. It does not reflect all decisions and processes associated with this program.
For fee processing, all Forms I, II, III, and IV, ECAFs, any supporting documents, and fee payments should be mailed or hand delivered to:
All subsequent correspondence or subsequent reports should be mailed to:
Remediation Division phone number: (860) 424-3705
This overview is designed to answer general questions and provide basic information. You should refer to the appropriate statutes 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 the property transfer program and does not constitute the Department's interpretation of the applicable laws.
Fact Sheet: DEP-PTP-FS-200
Content Last Updated September 15, 2017