DEEP: Frequently Asked Questions Regarding Site Clean-Up

Frequently Asked Questions

General

If I see an oil or chemical spill, what should I do?
Report it to the Emergency Response and Spill Prevention Division at (860) 424-3338 or toll free at 866-DEP-SPIL (866-337-7745).  This line operates 24 hours a day.

Who do I call for hazardous waste disposal locations?
Call the Hazardous Waste Disposal Hotline toll free at (888) 424-4193.

How do I view Remediation Division files?
Remediation files are available for review at DEEP EQ File Room at 79 Elm Street, Hartford.  A charge is associated with copying files. 

A Freedom of Information Request may be used to obtain copies, however, it will take longer than a file room visit, especially if a large amount of material is requested. Prepayment is required.

Residential Tank Clean-up

If my residential underground heating oil tank is leaking or has leaked, what should I do?
First, report the release to the Emergency Response and Spill Prevention Division at (860) 424-3338 or toll free 866-DEP-SPIL (866-337-7745). This line operates 24 hours a day. Residential heating oil tanks are not subject to the underground storage tank regulations, but it is prudent for such releases to be properly addressed. The Department has prepared the Guidance for Underground Home Heating Oil Tank Releases that explains the actions that should be undertaken to address residential tank releases.

Brownfields / Urban Sites

I am interested in buying an old industrial site for redevelopment. Is there someone who can help with this process?

There are many resources for helping with redevelopment at brownfields sites.  The Departmentís Brownfields webpage has useful information and links.  If the municipality has a development office, that may be a good starting point.  The Department's Brownfields Coordinator Mark Lewis and the Connecticut Department of Economic Development (DECD) Office of Brownfield Remediation and Development may be able to discuss your situation with you or refer you to other aids.

Does DEEP have funding for Brownfield clean-up?
No, however, there are a number of programs offering liability relief.  The Connecticut DECD Office of Brownfield Remediation and Development provides financing and technical resources for cleanup and redevelopment of Brownfields.

Potable Water

I would like to have my well water tested.  Will DEEP provide this service?
No, unless you have reason to believe that your water supply has become polluted by a substance that is not naturally occurring.  Evidence of pollution may include a distinct gasoline, heating oil or chemical odor, or a significant change in the color or quality of your water, particularly if you are located near potential sources of pollution like a gas station, dry cleaner, or landfill.

DPHís Private Well Program has information about naturally occurring contaminants, well water testing, and/or water treatment options.  A list of State Approved Commercial Environmental Laboratories, including those that can perform routine water testing, can be found on the Department of Public Health website.

If I have my well water tested and the test results indicate that my water supply well is polluted with a non-naturally occurring substance, what should I do next?
Upon receipt of the analytical results indicating your water supply is polluted, you should contact your local Health Department or Health District to review the results, or you may contact the Departmentís Remediation Division at (860) 424-3705 and ask to speak to the supervisor for the district in which your town is located.

Property Transfer

What happens once a site has been delegated to a Licensed Environmental Professional?
The Property Transfer Law now provides for immediate delegation to a licensed environmental professional (LEP) to oversee the investigation of the parcel and to verify that the establishment has been remediated in accordance with the State Remediation Standard Regulations, Section 22a-133k-1 through 3 (RSRs). This delegation is automatic unless the Department notifies you in writing that the Commissioner's review and approval of the investigation and remediation is required.

In accordance with Conn. Gen. Stat. Section 22a-134a(g)(1), as amended by Public Act 07-233, you must submit to the Commissioner within 75 days of the date of the acknowledgement letter a schedule for the investigation of the parcel and remediation of the establishment. The schedule shall provide that the certifying party will do the following:

  1. The parcel will be investigated in accordance with prevailing standards and guidelines, and the investigation will be completed within 2 years of the date of the acknowledgement letter.
  2. The final investigation report, approved in writing by a LEP, will be submitted to the Commissioner within 2 years of the date of the acknowledgement letter. The Completion of Investigation Transmittal Form shall be used to submit the required documentation to the Commissioner.
  3. Public notice of remediation will be posted prior to the initiation of remediation.
  4. Remediation of the establishment will be initiated within 3 years of the date of the acknowledgement letter.
  5. A Remedial Action Plan, approved in writing by a LEP, will be submitted to the Commissioner within 3 years of the date of the acknowledgement letter. The Remedial Action Plan Transmittal Form shall be used to submit the required RAP to the Commissioner.
  6.  LEP signed and sealed Verification or Interim Verification submitted to the Commissioner within 8 years of the acknowledgement letter date (filed after October, 1, 2009).
  7. Progress reports will be submitted to the Commissioner on an annual basis.

Who is responsible for filing the property transfer form with the Department?
Although the seller is ultimately responsible for ensuring that the appropriate form is filed with the Department, the buyer or seller can file transfer forms, with the exception of Form I, which must be filed by the seller.  The Commissioner can take an enforcement action against any party who fails to comply with the Property Transfer Law.

Where should my form and fee be sent?
Checks should be payable to Connecticut Department of Energy & Environmental Protection.  Forms and fees should be sent to:

Central Permit Processing Unit, 1st Floor,
Department of Energy & Environmental Protection
79 Elm Street
Hartford, CT 06106-5127

All subsequent documents and correspondence should be directed to:

Remediation Division, Bureau of Water Protection and Land Reuse, 2nd Floor
Department of Energy & Environmental Protection
79 Elm Street
Hartford, CT 06106-5127.

Does the generation of fluorescent lights, lead paint, or asbestos greater than 100 kg/month apply to the threshold for being an establishment under the Property Transfer Law?
No.  Lead paint abatement wastes are exempt from the Property Transfer Law, as noted in Section 22a-134(4) of the Connecticut General Statutes.  Mercury bulbs are regulated as Universal Waste in Connecticut, and the generation of Universal Waste, including fluorescent lamps, is not counted toward the 100 kg/month threshold for being an establishment, as noted in Section 22a-134(1)(V) of the Connecticut General Statutes.  Asbestos is not regulated as a hazardous waste, and therefore, the Property Transfer Law would not apply.

If there was not a filing when an establishment was last transferred, does the next transfer of the site/business require a filing?
A property transfer filing should be submitted for each transfer of an establishment. If previous filings were not submitted as required, the Department will follow up on documented complaints.

Environmental Land Use Restrictions

Is there a listing of sites with ELURs?
Yes, it can be obtained electronically from the ELUR Coordinator at DEEP.ELUR@ct.gov.  There is also a map of all ELURs on the ELUR webpage.

Does DEEP require the use of an ELUR for remediation at sites?
The use of an ELUR is always at the discretion of the property owner, who is the only party that can enter into this agreement with DEEP.  An ELUR can be a very helpful remedial tool in that it allows for the management of some levels of pollution on a property.  An ELUR is recorded on the land records.  Generally, when an ELUR is used, the amount of active remediation (e.g., excavation) is limited, and the remaining pollution is managed through control of activities on or uses of the site.  Therefore, using an ELUR may save money and time spent actively remediating the site.  The ELUR "runs with the land," meaning all present and future owners must comply with its terms, including any operation and maintenance obligations.  In all cases, except for remediation under CGS Section 22a-133y, Commissioner approval is required.

If I choose to record an ELUR, can I still use the site for residential activities?
There are many types of ELURs, and some limit the use of the site for residential activities.  If you wish to use the site for residential activities, you will have to ensure that your clean-up plan will address pollution in excess of residential clean-up standards found in the Remediation Standard Regulations.

Federal Superfund

Where can I find out information about superfund sites in Connecticut?
Detailed information on these sites has been compiled by DEEP and USEPA and is available for review on DEEP's website under the Federal Superfund Program and on EPA's website for Cleaning Up in New England.

Is there money available from the superfund to clean up my site?
No, however, state agencies such as the Department of Economic and Community Development (DECD), the Connecticut Development Authority (CDA), and local entities, such as the Naugatuck Valley Development Corporation (NVDC), might be able to provide financial assistance.

Storage Tank Clean-up

To what standard should leaks from non-residential underground storage tank systems that store heating oil or gasoline be remediated?
Oil or gasoline contamination originating from non-residential underground storage tank systems should be remediated to the standards set forth in the Remediation Standard Regulations (RSRs). The authority for this requirement is found in the Underground Storage Tank Regulations, Section 22a-449 (d)-106 (b)(2), Corrective Action, which states that the owner or operator of a UST system that discharges regulated substances without a permit must restore the environment to a condition and quality acceptable to the Commissioner. Unless otherwise specified by the Commissioner, the RSRs indicate the environmental condition and quality acceptable to the Commissioner.

Content Last Updated January 26, 2017

Remediation Programs and Information