Connecticut Remediation Programs

Elsie Patton

Connecticut Department of Environmental Protection

Overview

• Introduction

• Investigation

• Remediation Standards

• Final Approval

• Covenant Not to Sue

• State Funding

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

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

The Investigation Phase

• Potential Funding for Investigations – Targeted Brownfield Assessments– Special Contaminated Property Remediation

and Insurance Fund

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

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

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

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

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

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

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

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)

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

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

State Funding for Remediation

• Urban Site Remedial Action Program

• State Superfund

• Dry Cleaners Fund (Administered by DECD)