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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:

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Connecticut Remediation Programs

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connecticut remediation programs

Connecticut Remediation Programs

Elsie Patton

Connecticut Department of Environmental Protection

  • Introduction
  • Investigation
  • Remediation Standards
  • Final Approval
  • Covenant Not to Sue
  • State Funding
  • 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
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 phase1
The Investigation Phase
  • Potential Funding for Investigations
    • Targeted Brownfield Assessments
    • Special Contaminated Property Remediation and Insurance Fund
the remediation phase
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 phase1
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
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 approval1
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 approval2
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 approval3
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
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
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 sue1
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 sue2
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
State Funding for Remediation
  • Urban Site Remedial Action Program
  • State Superfund
  • Dry Cleaners Fund (Administered by DECD)