Connecticut Remediation Programs

1. Connecticut Remediation Programs Elsie Patton Connecticut Department of Environmental Protection

2. Overview • Introduction • Investigation • Remediation Standards • Final Approval • Covenant Not to Sue • State Funding

3. Introduction • Elements of a successful “Brownfield” remediation project: • Environmental conditions are clearly identified early in the redevelopment process • Remedial actions to address environmental contamination are combined with the redevelopment of a site • Potential for revisiting remedial actions is minimized

4. The Investigation Phase • Comprehensive and thorough investigation: • Reduce long term liability • Provide more and better options for remediation • Follow DEP Site Characterization Guidance Document • Develop a Conceptual Site Model • Communicate with DEP

5. The Investigation Phase • Potential Funding for Investigations • Targeted Brownfield Assessments • Special Contaminated Property Remediation and Insurance Fund

6. The Remediation Phase • Remediation Standard Regulations (RSRs) • Provide clear standards that allow remedial actions and costs to be quantified and budgeted • Allow remedial actions to be conducted simultaneously with redevelopment

7. The Remediation Phase • The RSRs are risk-based and provide • Default criteria depending on the future land use and ground water classification • Alternative criteria and circumstances where criteria do not apply • Case by case approval by Commissioner for variances and exceptions

8. Final Approval • Three programs to obtain a final approval that no further remediation is necessary: • The Property Transfer Program (Section 22a-134) • Two Voluntary Remediation Programs (Sections 22a-133x and 22A-133y) • Participation in these programs can also address concerns about federal liability

9. Final Approval • The Property Transfer Act • If hazardous waste was generated, stored or disposed after 1980, then any change of ownership triggers a requirement to investigate and remediate pollution • DEP may defer approval to Licensed Environmental Professionals • Changes in 1995 make process for compliance with the Act simpler

10. Final Approval • Voluntary Program Under 22a-133x • Similar process to Transfer Act but voluntary • approval can be delegated to LEP • remedial action plan must be public noticed • Program can be used for any establishment under the Transfer Act or any site in a GA ground water classification

11. Final Approval • Voluntary Program under Section 22a-133y • Process is entirely conducted by a LEP • Little or no DEP input unless LEP’s final approval is audited • Process is available to any site in GB ground water classification

12. The LEP Program • LEP’s are: • Experienced and qualified private sector environmental professionals • Authorized to approve investigations and remedial actions in the Commissioner’s stead

13. Covenants Not to Sue • A Covenant Not to Sue is an assurance that, once a site is remediated in accordance with RSRs, DEP will not require further remediation • Two types of Covenants • Section 22a-133aa covenant (Type A) • Section 22a-133bb covenant (Type B)

14. Covenants Not to Sue • Type A Covenant • An assurance that no further remediation will be required even if: • pollution that was not previously identified is found • standards change • Can not be granted to the polluter • Can extend to future owners and lenders • Requires DEP final approval and fee

15. Covenants Not to Sue • Type B Covenant • Assures current owner that no further remedial action will be required if the standards change • Cannot be granted to the polluter • Cannot be extended to future owners • Can be granted based on LEP approval • No fee

16. State Funding for Remediation • Urban Site Remedial Action Program • State Superfund • Dry Cleaners Fund (Administered by DECD)