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

Here is a Brownfield Not all are this HUGE

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

Economic growth is the major

CATALYST for cleanup

Economic Growth vs Environmental Protection

Entered Cleanup Program 1986

Waterbury

Former Norton Paper Mill- Colchester

Entered Cleanup Program 1993

Former Fleisher Finishing

Mill Street -Waterbury

Entered Cleanup Program 1996

Former Hockanum Mill- Vernon

Entered Cleanup Program 1986

Former Cooper Industries - Brooklyn

• 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)

Entered Cleanup Program 1987

Former Bristol Babcock Company - Waterbury

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

DEP wants to open the gates to Brownfield Redevelopment

Graham J. StevensDEP Brownfields Coordinator/Chief of Staff

860-424-4166

Robert E. BellAssistant Director, Remediation Division

860-424-3873

Questions?