DEEP: Financial Responsibility Notice

Financial Responsibility Notice
 
All UST owners or operators subject to RCSA 22a-449(d)-101 et seq., are required to comply with the financial responsibility requirements in RCSA 22a-449(d)-109.  These requirements concern the financial ability of UST owners or operators to respond in the event of a release from their USTs.  Up to now, UST owners or operators could demonstrate compliance with these requirements through the UST Petroleum Clean-Up Program ('the Program").  CGS 22a-449a et seq.
 
During the June 12, 2012 Special Session, the Connecticut General Assembly passed Public Act 12-1, which phases out the Program.  As part of this phase-out, section 262 of the Act contains dates after which UST owners or operators can no longer rely upon the Program to demonstrate compliance with their financial responsibility requirements.  In the near future, the Department looks forward to working directly with UST owners and operators to help smooth the transition noted above.
 
Under section 262, on or after October 1, 2012, any person who owns or operates one or more UST systems on more than five separate parcels of real property can no longer rely on the Program to demonstrate financial responsibility.  The deadline is October 1, 2013 for municipalities or those who own or operate USTs on five or fewer parcels of real property.  Note that all USTs owned or operated by a person, whether within or outside the state, must be included in determining the applicable deadline.  By the applicable deadline, UST owners or operators must satisfy their financial responsibility requirements through the various other mechanisms specified in the regulations including, insurance, letter of credit, surety bond, a guarantee, including a corporate guarantee, a trust fund or passing a financial test.  Municipalities have additional mechanisms available for compliance that are tailored to their special characteristics. 
 
UST owners and operators are reminded that:
  1. the mechanisms for complying with financial responsibility requirements must be noted on the Certification of Financial Responsibility Form (Word, PDF); and
  2. the Certification of Financial Responsibility Form must be completed and maintained and made available for inspection by DEEP during UST Compliance Inspections (RCSA 22a-449(d)-109(r)(2) as evidence of financial responsibility.
  3. One mechanism for Financial Responsibility is insurance coverage. Refer to the List of Insurance Agents and Brokers which is a subset of the of the U.S. Environmental Protection Agency’s Publication, "List of Known Insurance Providers For Underground Storage Tank Owners And Operators". This subset includes insurance agents and brokers indicating their area of coverage is the United States or their area of coverage includes Connecticut and those that have indicated to DEEP that they can provide coverage in Connecticut. This list is for information purposes only and does not represent an endorsement by the Connecticut Department of Energy and Environmental Protection. If there are any questions or you would like to be added to this list, please contact Helen Robbins at 860-424-3291 or helen.robbins@ct.gov.

Questions regarding the financial responsibility requirements in the Connecticut UST Regulations may be directed to the UST Enforcement Program at 860-424-3374 or lori.saliby@ct.gov.  Questions regarding the phase-out of the UST Petroleum Clean-Up Program may be directed to that program at 860-424-3370 or jacques.gilbert@ct.gov.
 
 
Content last updated August 2015