2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445b - Release-Based Remediation of Hazardous Waste › Section 22a-134vv. - Covenants not to sue. Liability protections. Liability for release prior to ownership. Owner liability.

(a) The provisions of sections 22a-134qq to 22a-134tt, inclusive, shall have no effect upon nor be interpreted or construed as changing any covenant not to sue entered into pursuant to section 22a-133aa or 22a-133bb, any liability protection afforded under section 22a-133ee or 32-764, or any liability protections granted pursuant to any brownfields program.
(b) Notwithstanding any provision of the general statutes, and except as provided in this section, no owner of real property shall be liable for any costs or damages to any person other than this state, any other state or the federal government, with respect to any release on or emanating from such owner's real property that occurred or existed prior to such owner taking title to such property, provided:
(1) Such owner did not create the release on such property and is not responsible for the creation of such release pursuant to any other provision of the general statutes;
(2) Such owner is not affiliated with any person responsible for such release through any direct or indirect familial relationship, or any contractual, corporate or financial relationship other than that by which such owner's interest in the property was conveyed or financed; and
(3) The release on such owner's real property has been remediated in accordance with the regulations adopted pursuant to section 22a-134tt, as demonstrated in a verification prepared by a licensed environmental professional and the commissioner has approved in writing, or has determined not to audit, such verification. Remediation undertaken to meet the criteria of this section shall satisfy any requirements to provide public notice, or notice to nearby property owners, specified in regulations adopted pursuant to section 22a-134tt.
(c) This section shall not relieve any such liability where (1) any owner of a parcel on which a release was remediated has failed to comply with the requirements regarding the filing of an environmental use restriction or failed to comply with the provisions of an environmental use restriction created pursuant to section 22a-133o for such real property or with the conditions of a variance for the real property that was approved by the commissioner in accordance with regulations adopted pursuant to section 22a-134tt, or (2) the commissioner, at any time, determines that an owner provided information that the owner knew or had reason to know was false or misleading or otherwise failed to satisfy all of the requirements of subsection (a) of this section. Nothing in this section shall be construed to relieve an owner of any liability for releases on or emanating from such property that occurred or were created after the owner took title to such property. Nothing in this section shall be construed to hold an innocent landowner, as defined in section 22a-452d, who meets the requirements of this section liable to this state for costs or damages in an amount greater than the amount that an innocent landowner may be held liable pursuant to section 22a-432.
(Sept. Sp. Sess. P.A. 20-9, S. 21.)
History: Sept. Sp. Sess. P.A. 20-9 effective October 2, 2020.