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CBIA Environmental Conference 2009 Release Reporting in Connecticut – A User’s Guide. Presented by M. ANNE PETERS Partner, CARMODY & TORRANCE LLP and MARGARET M. AVERILL, LEP Vice President, Loureiro Engineering. Current State of Affairs. One and a half statutes
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CBIA Environmental Conference 2009Release Reporting in Connecticut – A User’s Guide Presented by M. ANNE PETERS Partner,CARMODY & TORRANCE LLP and MARGARET M. AVERILL, LEP Vice President, Loureiro Engineering
Current State of Affairs • One and a half statutes • A number of regulations • Draft spill reporting regulations
Connecticut Release ReportingStatutes • CGS §22a-450 • “New” releases • CGS §22a-6u • “Historic” releases
Connecticut Release Reporting Statutes WHO WHAT WHEN TO WHOM HOW FOLLOW-UP Person in Charge/ Operator Immediately DEP OCSRD Release of anything that poses a potential threat to human health or the environment Not specified – by phone 860.424.3338 1.866.337.7745 No formal follow-up • “Closed” = not referred or • Referred to another Division CGS §22a-450 Release Reports http://www.ct.gov/dep/cwp/view.asp?a=2690&q=322474&depNav_GID=1511
Connecticut Release Reporting Statutes WHO WHAT WHEN TO WHOM • TEP notifies Land Owner and Client • Owner notifies DEP • Discovery of one of the following conditions: • Contamination of drinking water wells • Polluted groundwater • <500’ from drinking water well • VOC’s beneath an occupied building • that discharges to surface water • Polluted soil <2’ feet of the surface • Vapors at high levels - explosion hazard Potable Well Contamination immediately Explosion hazard– immediately Other conditionsSee web page* Oral reports: • Explosion hazard - to OCSRD • Drinking water well > standards - to DEP Remediation Div. Written reports to DEP Remediation Div. * HOW • By phone • OCSRD: 860.424.3338 • 1.866.337.7745 • Remediation Div: 860.424.3705 • Followed by written report * FOLLOW-UP DEP issues acknowledgement letter; Owner submits abatement plan CGS §22a-6u Significant Environmental Hazards *http://www.ct.gov/dep/cwp/view.asp?a=2715&q=324976&depNav_GID=1626
Release Reporting Regulations Under CGS §22a-450*Draft Spill Reporting Regulations http://www.ct.gov/dep/cwp/view.asp?a=2692&q=422556&depNav_GID=1648 • Under internal review by agency • Not yet released for public comment • October 2008 Draft • “stay tuned”
Create a checklist: DEP’s Web Site DEP Release Report Database fields What DEP records Key terms Draft Spill Regulations DEP’s current thinking Forms Old DEP From other states What to do now?
Guidance for Release Reports DEP’s web site: Home page: http://www.ct.gov/dep/site/default.asp Reporting a release: http://www.ct.gov/dep/cwp/view.asp?a=2690&q=322474&depNav_GID=1511 Reporting a significant environmental hazard: http://www.ct.gov/dep/cwp/view.asp?a=2715&q=324976&depNav_GID=1626 Proposed Release Reporting Regulations: http://www.ct.gov/dep/cwp/view.asp?a=2692&q=422556&depNav_GID=1648
DEP’s Spills Database • Complete Fields Now • Property • Contact Info • Questions to Ask
DEP’s Spills Database • “ID” codes • Use DEP terminology • Omissions
Guidance for Release Reports • Draft Release Reporting RegulationsNot binding but informative • Very low RQs • Releases w/in buildings and 2o containment • Sensitive receptor surveys • Recordkeeping required • Even for unreportable releases • In addition to other reporting requirements http://www.ct.gov/dep/cwp/view.asp?a=2692&q=422556&depNav_GID=1648
Forms from Other States • For types of reportable events omitted from DEP database and old form.
Other Reporting Requirements - Regulations • UST Regulations - RCSA §22a-449(d)-105 • Oral reports of suspected releases • Written reports of confirmed releases • Oral reports of spills and overfills
UST Regulations - Suspected Releases RCSA §22a-449(d)-105(a) Definition of Suspected Release from a UST • The discovery by anyone of released regulated substances at or near the UST site • Unusual operating conditions observed by owners and operators • Release detection monitoring results that indicate a release may have occurred
Suspected Release From UST -When and What to Report • Oral report ≤ 24 hours • Confirmed release - written report ≤ 3 working days of release • estimated amount of product lost, • location of release and • identification of leaking components of the UST system. • Release investigation and “confirmation” • Begin immediately * Complete within 7 days
UST Regulations – Overfills and Spills RCSA §22a-449(d)-105(d) • Petroleum released to the environment • Report within 24 hours • Hazardous substance - to the environment reportable quantity under CERCLA • Report within 24 hours to DEP • Report immediately to the National Response Center • Hazardous substance - to the environment reportable quantity under CERCLA • Contain immediately and clean up immediately • If cleanup cannot be accomplished in 24 hours - report immediately
Navigating the Shoals • Statutes and regulations trump forms and policies • Use the forms that are published • Supplement / customize • Create forms if none available • DEP database • Forms from other states
KEEP RECORDS !!! Why – Because There Are Significant Fines & Penalties
Thank you ! Margaret M. Averill L.E.P. Vice President Loureiro Engineering 860.410.2939 mmaverill@loureiro.com www.loureiro.com M. AnnePeters Partner Carmody & Torrance LLP 203.573.1200 apeters@carmodylaw.com www.carmodylaw.com