Legislative Summaries Pertaining to Remediation Programs
As pertains to Property Transfer and Voluntary Remediation Programs
Portion of a Parcel - Clarifies that a verification may be rendered pursuant to the Voluntary Remediation Program, 22a-133x, for the entire parcel, a release area, or a portion of the parcel.
Interim verification - An Interim Verification may now be rendered pursuant to the Voluntary Remediation Program, 22a-133x, for the entire parcel, a release area, or a portion of the parcel. An Interim Verification may also be rendered for a Portion of an Establishment, which establishment had filed a Form III pursuant to the Property Transfer Act, 22a-134a.
Clarifies that eminent domain by a municipality is one of the exemptions to "transfer" in Transfer Act [Section 2].
Amends "Establishment" in Transfer Act to expressly exempt building materials from the 100 kilogram count [Section 3].
Public Act 13-247 Connecticut's Potable Water Law CGS §22a-471
was revised, effective 7/1/2013. Section 37 of Public Act 13-247 eliminates the requirement in CGS §22a-471(a)(1) that, within available appropriations, the Commissioner of the Department of Energy and Environmental Protection shall arrange for the short-term provision of potable drinking water to those residential buildings and elementary and secondary schools affected by pollution until either he issues an order pursuant to this section requiring the provision of such short-term supply and the recipient complies with such order or a long-term supply of potable drinking water has been provided, whichever is earlier. As a result of this change, after June 30, 2013, the Department is no longer authorized to provide bottled water to and/or install and maintain treatment systems at residential locations or at elementary or secondary schools with polluted wells. All other provisions of CGS §22a-471 are essentially unchanged by Public Act 13-247.
Significant Environmental Hazard Notifications, effective July 1, 2015
[Sections 31 and 32]
The SEHN statutory amendments to CGS Section 22a-6u include, but are not limited to:
- Self-implementation: Sets forth initial response actions as affirmative requirements in law without waiting for DEEP to write an acknowledgement letter instructing action;
- Defines mitigation as a control on exposure pathway;
- Allows DEEP to remove a site from web-list if mitigated;
- Defines conditions that must be notified/addressed:
- Groundwater to include:
- If plume within 200 feet in any direction of drinking water well,
- NAPL in drinking water well,
- NAPL in groundwater breaking out to surface water if not otherwise reported to DEEP.
- Surface soil to include:
- Industrial/Commercial (I/C) properties must notify of metals and PCBs within 300 feet of residential properties (daycare, playground, etc.) if at/above 15x I/C direct exposure criteria (DEC), otherwise existing 30x I/C DEC reporting remains unchanged, and
- Residential properties must notify any substance (except total petroleum hydrocarbons and lead being addressed in lead abatement program) at/above 15x RDEC.
- Volatilization at/above 10x volatilization criteria within 15 feet of a building, with exceptions for unoccupied buildings and OSHA-regulated industrial use of VOCs.
Institutional Controls - Adds Deed Notice (a “Notice of Activity and Use Limitation”) as additional optional tool to ELUR, when leaving certain contamination in place and want to "lock in" exposure assumptions about future use/activities on property. Regulations must be adopted before this tool can be fully functional.
Audits - In any regulations DEEP adopts to unify cleanup programs after July 1, 2014, DEEP shall include regulations for audits that include shorter timeframes and no further action letters.
Municipal Liability Relief
A Municipal Brownfield Liability Relief program that is intended to promote municipal facilitation of Brownfield redevelopment and remediation. Information on the program, which includes a very simple application, has been on the Remediation section of DEEP’s webpage since its inception (Municipal Brownfield Liability Relief Program
). Mark Lewis, DEEP’s Brownfields Coordinator, manages the program. He may be contacted at email@example.com
The basics of the program are as follows:
- open to any municipality or economic development agency, nonprofit economic development corporation, or nonstock corporation or limited liability company established by a municipality to address redevelopment
- applicants must certify that they:
- intend to acquire title to such brownfield for the purpose of redeveloping or facilitating the redevelopment of such brownfield;
- did not establish or create a facility or condition at or on such brownfield that can reasonably be expected to create a source of pollution;
- are not affiliated with any person responsible for such pollution; and
- are not otherwise required to remediate such
- applicants must apply prior to ownership
The benefits of the program include:
- State and third party liability relief for any pre-existing contamination
- No obligation to fully investigate or cleanup the Brownfield
- Exemption from the Property Transfer Act
Once in the program, municipalities are required to:
- comply with the requirements of the Significant Environmental Hazard program
- make good faith efforts to minimize the risk to public health and the environment
- submit a plan and schedule that outlines what steps are being proposed to facilitate redevelopment and cleanup
- Applicability: Changes to the applicability section to clarify when and how the regulations apply;
- ETPH: Replacing an obsolete analytical test method for petroleum hydrocarbons by identifying a definition of ETPH, test methodology and criteria for DEC, PMC and GWPC that provides better characterization of the nature of the contamination;
- Lead DEC: Updating the residential direct exposure criteria for lead (from 500 to 400 ppm) to be equivalent to the federal standard;
- Inaccessible Soil: Expanding, in specific settings, the definition of “inaccessible soil” to include SVOCs, petroleum hydrocarbons and metals (metals up to 2x criteria) found in polluted fill under pavement without 2 feet of clean fill;
- Incidental Sources: provides exceptions for incidental sources of polluted soil or groundwater resulting from -
- the normal use of motor vehicles;
- the use and maintenance of asphalt paving; and
- leaking water supply distribution systems;
- Deletes the pollutant mobility criteria (PMC) requirement that certain conditions (bedrock above high groundwater) in GB areas must comply with the more stringent GA PMC; result is GB PMC applies;
- Wood ash/coal ash exemption to PMC: clarifies that the exemption will apply where volatile organic substances are in polluted fill containing coal ash, wood ash, coal fragments, and/or asphalt paving fragments, if the VOC concentrations are below the PMC;
- Provides a new PMC exception where the groundwater meets applicable criteria: under certain conditions (polluted soil area is at least 80% open to the sky, for at least 5 years), for pollutants other than VOCs, based upon representative ground water sampling; and
- Widespread Polluted Fill PMC variance: deletes the prohibition that the person who placed the fill cannot be the applicant for a widespread polluted fill variance; result is that the person who placed the fill can apply as long as it was not illegal to place the fill at the time it was placed.
- 95% UCL Statistical Averaging:
- self-implementing use of all appropriate data even if over 2 times the applicable criteria (no longer need Commissioner approval to use data that is over 2 times criteria) for direct exposure criteria (DEC), PMC and SWPC, and
- deletes the prohibition on using a statistical compliance demonstration when excavation is the remedy.
- Engineered Controls: increases the flexibility of engineered controls by tailoring the design to protect for DEC or PMC purposes (clarifies allowance of the so-called “EC light”);
- Groundwater Monitoring: restructures the compliance and post-compliance ground water monitoring sections:
- to allow LEP self-implementation of these sections,
- to allow compliance monitoring only (no post-compliance monitoring needed if stable and well-understood plume);
- no groundwater monitoring needed if soil remedy was solely to meet DEC;
- four quarters of consistent compliance data can be contained over a two year period;
An Act Concerning Revisions to the State's Brownfield Remediation and Development Statutes
(13 sections with various effective dates) - Sections 6 and 7 (effective 6/15/12 and 1/1/2014 respectively) make minor changes to the Property Transfer Program.