Conn. Gen. Stat. § 22a-133y: Voluntary site remediation in GB and GC areas: Procedures. Review by commissioner. Environmental use restrictions.

(a) Before the effective date of regulations adopted pursuant to section 22a-134tt, any licensed environmental professional licensed by the State Board of Examiners of Environmental Professionals pursuant to section 22a-133v may, pursuant to a voluntary site remediation conducted in accordance with subsections (a) to (e), inclusive, of this section, conduct a Phase II environmental site assessment or a Phase III investigation, prepare a Phase III remedial action plan, supervise remediation or submit a final remedial action report to the Commissioner of Energy and Environmental Protection in accordance with the standards provided for remediation in the regulations adopted by the commissioner under section 22a-133k for any real property which has been subject to a spill and which meets the following criteria: (1) Such property is located in an area classified as GB or GC under the standards adopted by the commissioner for classification of groundwater contamination; and (2) such property is not the subject of any order issued by the commissioner regarding such spill, consent order or stipulated judgment regarding such spill. Any such professional employed by a municipality may enter, without liability, upon any property within such municipality for the purpose of performing an environmental site assessment or investigation if the owner of such property is unknown or such property is encumbered by a lien for taxes due to such municipality. Nothing in this subsection shall affect the ability of any person, firm or corporation to provide any of the services enumerated in this subsection in connection with the remediation of contaminated real property other than as provided for a voluntary site remediation conducted pursuant to this section.

(b) Following any Phase II environmental site assessment or a Phase III investigation for any such property, any Phase III remedial action plan prepared for purposes of a voluntary site remediation under subsections (a) to (e), inclusive, of this section shall be prepared by a licensed environmental professional in accordance with the standards for such property adopted by the commissioner under section 22a-133k. Prior to commencement of remedial action taken pursuant to such plan, the owner of the property shall submit such plan to the commissioner and shall: (1) Publish notice of the remedial action in a newspaper having a substantial circulation in the town where the property is located; (2) notify the director of health of the municipality where the parcel is located; and (3) either (A) erect and maintain for at least thirty days in a legible condition a sign not less than six feet by four feet on the property, which sign shall be clearly visible from the public highway, and shall include the words “ENVIRONMENTAL CLEAN-UP IN PROGRESS AT THIS SITE. FOR FURTHER INFORMATION CONTACT:” and include a telephone number for an office from which any interested person may obtain additional information about the remedial action; or (B) mail notice of the remedial action to each owner of record of property which abuts such property, at the address on the last-completed grand list of the relevant town. The commissioner may review such plan and may advise such owner as to the adequacy of such plan. The remedial action shall be conducted under the supervision of a licensed environmental professional. The commissioner shall expedite the process for issuing any permits required under this title for such action. The final remedial action report shall be submitted by a licensed environmental professional. In preparing such report, the licensed environmental professional shall render an opinion, in accordance with the standard of care provided for in subsection (c) of section 22a-133w, that the action taken to contain, remove or mitigate the spill is in accordance with the remediation standards for such property adopted by the commissioner under section 22a-133k. The owner of the property shall maintain all records relating to such remedial action for a period of not less than ten years and shall make such records available to the commissioner at any time upon his request.

(c) Any final remedial action report submitted to the commissioner for such a property by a licensed environmental professional shall be deemed approved unless, within sixty days of such submittal, the commissioner determines, in his sole discretion, that an audit of such remedial action is necessary to assess whether remedial action beyond that which is indicated in such report is necessary for the protection of human health or the environment. Such an audit shall be conducted within six months of such determination. After completing such audit, the commissioner may disapprove the report provided he shall give his reasons therefor in writing and further provided such owner may appeal such disapproval to the superior court in accordance with the provisions of section 4-183. Prior to approving a final remedial action report, the commissioner may enter into a memorandum of understanding with the owner of such property with regard to any further remedial action or monitoring activities on or at such property which the commissioner deems necessary for the protection of human health or the environment.

(d) Upon the approval of such report, the owner of the property shall execute and record an environmental use restriction in accordance with the provisions of section 22a-133o, unless a licensed environmental professional presents evidence, satisfactory to the commissioner, that the remediation has achieved a standard sufficient to render such a restriction unnecessary and the commissioner issues a written finding that such restriction is not necessary. Approval of a final remedial action report pursuant to subsections (a) to (e), inclusive, of this section shall be sufficient to support the filing of a Form II, as defined in section 22a-134.

(e) Nothing in this section shall relieve any person of any obligation to comply with sections 22a-134 to 22a-134e, inclusive.

(f) On or after the effective date of regulations adopted pursuant to section 22a-134tt, any licensed environmental professional licensed by the State Board of Examiners of Environmental Professionals pursuant to section 22a-133v may, pursuant to prevailing standards and guidelines, conduct a parcel-wide Phase II environmental site assessment and a parcel-wide Phase III investigation, for any parcel of real property which has, or which may have been, subject to a release, as defined in section 22a-134pp, for the purposes of entering such parcel into a voluntary parcel-wide remediation program pursuant to subsections (f) to (k), inclusive, of this section, except as provided by subsection (g) of this section. Any such professional employed by a municipality may enter, without liability, upon any property within such municipality for the purpose of performing an environmental site assessment or investigation if the owner of such property is unknown or such property is encumbered by a lien for taxes due to such municipality, or as otherwise provided for pursuant to section 22-133dd. Nothing in subsections (f) to (k), inclusive, of this section shall affect the ability of any person, firm or corporation to provide any of the services described in this subsection in connection with the remediation of contaminated real property other than as provided for a voluntary parcel-wide remediation conducted pursuant to subsections (f) to (k), inclusive, of this section.

(g) A parcel shall be eligible for voluntary parcel-wide remediation pursuant to subsections (f) to (k), inclusive, of this section if such parcel is not subject to sections 22a-134a to 22a-134e, inclusive, and sections 22a-134h and 22a-134i, the parcel is not the subject of any order issued by the commissioner regarding one or more releases, or a consent order or stipulated judgment regarding one or more releases, and a parcel-wide Phase II environmental site assessment is initiated before the discovery of a release on a parcel subject to the requirements of chapter 445b for which a release remediation closure report has not previously been prepared, or not more than sixty days following the discovery of a release on a parcel for which a release remediation closure report has not previously been prepared, provided any immediate actions otherwise required by the regulations adopted pursuant to section 22a-134tt are completed within a time frame and in the manner required by such regulations.

(h) Each release identified by a parcel-wide Phase II environmental assessment conducted pursuant to subsection (g) of this section through multiple lines of evidence or the laboratory analysis of samples taken from the land and waters of the state shall be determined to be discovered for the purposes of section 22a-134tt and any regulations adopted pursuant to said section. Not later than the earliest deadline to report any release discovered pursuant to subsection (g) of this section, as established in regulations adopted pursuant to section 22a-134tt, the environmental professional shall provide notice to the commissioner, on a form prescribed by the commissioner, of the intent to enter the voluntary parcel-wide cleanup program. Such form shall include, but not be limited to, the date of the initiation of the Phase II environmental site assessment, a description of the investigation conducted and the identification each release discovered.

(i) Each release discovered pursuant to subsection (h) of this section shall be subject to the requirements of chapter 445b and the regulations adopted pursuant to section 22a-134tt, provided:

(1) For each release discovered pursuant to subsection (g) of this section, any investigation or characterization required to assign the release to a cleanup tier shall be completed and submitted to the commissioner not more than two years after the initiation of the parcel-wide Phase II environmental site assessment. The commissioner may audit such submission and, if the commissioner determines that the investigation or characterization is inadequate, may specify a schedule for the completion of additional investigation or characterization. If such additional investigation or characterization is not completed in accordance with such schedule, the commissioner may subject each release discovered pursuant to subsections (g) and (h) of this section to the requirements of chapter 445b;

(2) Upon completion of tier characterization, each release discovered pursuant to subsections (g) and (h) of this section shall be grouped together for the purpose of assignment to cleanup tier in accordance with regulations adopted pursuant to section 22a-134tt. Such releases shall be assigned to the environmental professional supervised cleanup tier with the longest timeline for remediation;

(3) To the extent each release discovered pursuant to subsections (g) and (h) of this section is subject to any fee assessed by regulations adopted pursuant to section 22a-134tt, releases grouped together pursuant to subdivision (2) of this subsection shall be considered a single release for the purpose of calculating the fee assessed; and

(4) Any deadline for remediation of releases grouped together pursuant to subdivision (2) of this subsection that is established by regulations adopted pursuant to section 22a-134tt shall be extended by one year.

(j) Any parcel remediated pursuant to the requirements of subsections (f) to (k), inclusive, of this section shall be eligible for a covenant not to sue pursuant to section 22a-133aa, provided a detailed written plan for remediation of the property, in accordance with standards adopted by the commissioner pursuant to section 22a-134tt, has been approved by the commissioner.

(k) The commissioner shall expedite the process for issuing any permits required under this title for parcel-wide remediation.