department of environmental protection “…conserving, protecting and improving the natural...
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Department of Environmental Protection
“…conserving, protecting and improving the natural resources and environment of the state…”
Graham J. Stevens and Robert E. Bell Department of Environmental Protection
Administer Regulatory Programs and Framework
Establish Cleanup Criteria and Remedy Options
Encourage Brownfield cleanup, responsible growth- published cleanup criteria, industrial criteria
- Licensed Environmental Professionals (LEPs)
- Environmental Land Use Restrictions
- engineered controls
DEP’s Role in Site Cleanup
2006 – Connecticut has Brownfield rebirth• Legislative Task Force on Brownfields Strategies• Office of Brownfield Remediation and Development (OBRD)• liability relief for Towns or Economic Development Agencies
2007 – Growth Continues• DEP Commissioner appoints first dedicated Brownfields Coordinator• Covenant Not To Sue Program, Transfer Act modified• Site Characterization Guidance Document released• Increased certainty under Transfer Act for audits, complete investigations
2009 – More Action – Brownfield Bill • Abandoned Brownfield program• More municipal certainty, comfort
Connecticut Promotes Brownfield Redevelopment
• Major Categories of the Act– Floodplain Management– Transfer Act (exemptions, cost recovery & new
requirements)– Municipal Liability Relief– Abandoned Brownfields Cleanup Program– Expansion of the Voluntary Program
2009 Brownfield bill (PA 09-235)
Clarified LEP involvement in Milestone Requirements
• 2 yr requirement to document investigation of site is complete
• 3 yr requirement to document remediation of the site has been initiated (submit cleanup plan)
• Milestone documents must be approved in writing by LEP
2007-Transfer Act Amended
• Transfer Act – complete cleanup
• Encourage Municipalities to take control– Reduce fear of getting stuck w/ cleanup liability
• Voluntary Cleanup – open it to anyone
• Abandoned Brownfields – progress at the worst first
2009 Brownfield Bill Themes
Municipalities - New Exemptions:
• exemption for certain municipal “transfers,” 22a-134(1)(B)
• formerly just for tax foreclosure
• Now enhanced to include:– Acquisition by eminent domain process– Subsequent transfer if to innocent new owner who
remediates under Voluntary Cleanup law (22a-133x)
2009 - Transfer Act
• “Municipality” includes related entities – Economic Development Agency or entity under
CGS chapter 130 or 132– Nonprofit economic development corporation
formed to promote common good of a muni• funded directly or by in-kind services of a muni,
– nonstock corp or LLC controlled/established by a muni, econ development agency or entity under CGS chapter 130 or 132
2009 - Transfer Act (cont’d)
• Transfers after 10/1/09– 8 year requirement– achieve Final Verification or Interim Verification
• New “Interim Verification”– Soil: achieve soil cleanup standards/remedies– Groundwater: if don’t achieve stds by 8 yrs, at least
• ensure no exposures,
• have GW remedy in operation,
• LEP approved O&M plan must be implemented
Transfer Act – New Requirements
• Remediation Grants from DECD: no additional liability if Muni is innocent party (32-9ee)
• Investigation: Municipality will not incur liability for cleanup by entering property for investigation (22a-133dd)
• Muni not liable to owner or 3rd party for existing pollution muni didn’t create or negligently or recklessly exacerbate (22a-133dd)
Municipal Liability Relief
• 2009 law, Administered by DECD, consults DEP • Available for White Knight redevelopers• Abandoned (since 1999) Brownfields• Need significant economic benefits• White Knight must cleanup on-site & stop
migration off the site• White Knight not responsible for off-site cleanup
Abandoned Brownfield Cleanup Program
• For Non-responsible parties – certainty for a completed remediation, no future surprises
• 22a-133aa is transferable, discretionary, has many protections, and costs 3% of property value – Brownfields: Covenants can be approved early in
investigation phase!
– free for municipalities; other parties can schedule payments over time!
• 22a-133bb: non-transferable, less protections, free
Covenants Not to Sue
• Innocent Land Owners will not be liable for State actions taken to contain, remove or mitigate a spill
• Innocent Land Owners will not be liable for any order of the Commissioner to abate or remediate a spill or discharge (which order was issued on or before August 1990)
• Innocent Land Owners are defined in CGS §22a-452d
State Liability Relief
Third-party liability is limited for non-responsible parties that own a contaminated property and investigate and remediate such properties
CGS § 22a-133ee– No owner shall be liable for any costs or damages to any person
other than this state, any other state or the federal government, with respect to any pollution or source of pollution on or emanating from such owner's real property that occurred or existed prior to such owner taking title to such property
Third Party Liability Relief
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