reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-120. - Parties to certification proceedings. Limited appearances. Grouping of parties. Supervision of legal matters for council.

(a) The parties to the certification proceedings shall include: (1) The applicant; (2) each person entitled to receive a copy of the application under subsection (e) of section 22a-118; and (3) such other persons as the council may at any time deem appropriate.
(b) Any person may make a limited appearance at a hearing held pursuant to section 22a-119 prior thereto or within thirty days thereafter, entitling such person to file a statement in writing or to make a brief oral statement at a hearing. All papers and matters filed and statements made by a person making a limited appearance shall become part of the record. No person making a limited appearance, and not otherwise entitled to be a party, shall be a party or shall have the right to cross-examine witnesses or parties or be subject to cross-examination.
(c) The council in its discretion may provide for the grouping of parties with the same interests. If such a group does not designate an agent for the service of notice and documents, then the council shall designate such an agent. Notwithstanding the provisions of this subsection, any party who has been included in a group may, at any time by oral or written notice to the council, elect not to be a member of the group to the extent specified in such notice.
(d) The assistant attorney general or the special assistant attorney general appointed pursuant to subsection (d) of section 16-50n shall have supervision of legal matters concerning the council.
(P.A. 80-472, S. 7, 14; P.A. 81-369, S. 8, 20; P.A. 03-19, S. 57.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 added Subsec. (c) authorizing grouping of parties and added Subsec. (d) naming the assistant attorney general appointed pursuant to Sec. 16-50n to supervise legal matters for the council; P.A. 03-19 made a technical change in Subsec. (d), effective May 12, 2003.
Cited. 207 C. 706.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-121. - Record of hearing. Rights of parties.

(a) A record shall be made of the hearing and of all testimony taken and the cross-examination thereon. Every party or group of parties shall have the right to present such oral or documentary evidence and to conduct such cross-examination as may be required for a full and true disclosure of the facts.
(b) A copy of the record shall be available at all reasonable times for examination by the public without cost at the principal office of the council. A copy of the transcript shall be filed in the office of the town clerk in each municipality in which the proposed facility is to be located. A copy of the record may be obtained by any person upon payment of a fee determined by the permanent members of the council.
(P.A. 80-472, S. 8, 14; P.A. 81-369, S. 9, 20.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended Subsec. (b) to replace “board” with “council”, to require that the council file a copy of the transcript rather than a copy of the record and to authorize the council to set a fee for a copy of the record.
Cited. 207 C. 706.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-123. - Enforcement of certificate requirements and other standards. Penalties.

The commissioner shall insure that each facility for which a certificate has been issued is constructed, maintained and operated in compliance with such certificate, and any other standards established pursuant to this chapter, except siting and development and management regulations adopted pursuant to section 22a-116. The facility operator shall pay yearly to the Department of Energy and Environmental Protection a reasonable sum, determined by the commissioner, to ensure proper oversight and monitoring. Whenever the commissioner deems it necessary to provide further oversight and monitoring, the person to whom such certificate has been issued shall be charged with and pay such further expense. The commissioner shall have authority to issue cease and desist orders according to section 22a-7 and to suspend or revoke any permit issued by him upon a showing of cause and after a hearing. The council shall have the authority to issue cease and desist orders and to suspend or revoke any permit issued by it upon a showing of cause and after a hearing. The courts may grant such restraining orders and such temporary and permanent injunctive relief as may be necessary to secure compliance with this chapter and with a certificate issued pursuant to this chapter. The courts may assess civil penalties in an amount not less than one thousand dollars or more than ten thousand dollars per day for each day of construction or operation in material violation of this chapter or of a certificate issued pursuant to this chapter. Civil proceedings to enforce this chapter may be brought by the Attorney General in the superior court for any judicial district affected by the violation. Any person who knowingly or wilfully violates any provision of this chapter or any provision of a certificate issued pursuant to this chapter shall be fined not more than twenty-five thousand dollars per day for each day of such violation or imprisoned for not more than one year or both. The remedies and penalties in this section shall be cumulative and shall be in addition to any other penalties and remedies available at law, or in equity, to any person.
(P.A. 80-472, S. 10, 14; P.A. 81-369, S. 12, 20; P.A. 11-80, S. 1.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended section to require the facility operator to pay a reasonable sum for facility oversight and monitoring and further authorized the issuance of cease and desist orders and permit revocation as a means of enforcement of permits; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 207 C. 706.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-124. - Exclusive jurisdiction of council. Municipal regulation of proposed location. Appeal of zoning decision.

(a) Notwithstanding any other provision of the general statutes, the council shall have exclusive jurisdiction over the siting of facilities subject to the provisions of this chapter. In ruling on applications for certificates for facilities, the council shall give such consideration to other state laws and municipal ordinances and regulations as it shall deem appropriate. Whenever the council issues a certificate of public safety and necessity pursuant to this chapter, such certificate shall satisfy and be in lieu of all other certificates, licenses, permits or approvals, or other requirements of state or municipal agencies in regard to any question of public safety and necessity.
(b) A proposed hazardous waste facility may be regulated and restricted by any town, city or borough pursuant to chapters 124 and 126 and by any municipality pursuant to sections 22a-42 and 22a-42a. The applicant shall apply for any permits required by such agencies at the same time as the filing of the application with the council. Such local bodies may make all decisions necessary to the exercise of such power to regulate and restrict, which decisions shall be made within one hundred thirty days of any application notwithstanding any other statute to the contrary and shall be in writing and recorded in the records of their respective communities, and written notice of any decision shall be given to each party affected thereby. Each such decision shall be subject to the right of appeal within thirty days after the giving of such notice by any party aggrieved to the council, which shall have exclusive jurisdiction, in the course of any proceeding on an application for a certificate or otherwise, to affirm, modify or revoke such order to make any decision in substitution thereof by a vote of eight of the members of the council. Appeal of a local zoning decision to the council shall be in lieu of any other appeal authorized by the general statutes.
(P.A. 80-472, S. 11, 14; P.A. 81-369, S. 13, 20.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended section to require an applicant to apply for approval by local agencies concurrently with application to the council and to require that local decisions be made within 130 days, rather than 30 days, of the date of application, made changes reflecting transfer of board's powers and duties to council and specified that appeals to council are in lieu of all other appeals.
Cited. 207 C. 706.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-125. - Payments to municipalities to be made by operators of hazardous waste disposal facilities.

Section 22a-125 is repealed.
(P.A. 80-472, S. 12, 14; P.A. 81-369, S. 19, 20.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-127. - Local project review committee. Technical assistance for review of application.

(a) In each municipality where a hazardous waste facility is proposed to be located, there may be established a local project review committee consisting of not less than four and not more than nine members, all but one of whom shall be electors from the municipality where the facility is proposed to be located. The remaining member shall be an elector from the municipality likely to be most affected by the proposed facility which municipality shall be named by the council after the receipt of an application for a certificate. The commissioner shall notify the council and the chief elected official of the municipality where the facility is proposed to be located upon receipt of an application for licenses, permits or approvals necessary to establish a hazardous waste facility. The council shall send to the chief elected official a copy of the provisions of the general statutes for the establishment of a local project review committee along with a copy of the notification sent by the commissioner. After notification, the chief elected official may appoint members to such committee. All members shall be appointed by the chief elected official of the municipality that they represent.
(b) Upon filing of an application with the council, the applicant shall deposit with the council a sum determined by the council but not exceeding fifty thousand dollars to be disbursed by the council to the local project review committee for the sole use of obtaining technical and professional assistance for such committee's review of the proposed hazardous waste facility. Such assistance may include environmental, scientific, economic, financial and legal assistance.
(P.A. 81-369, S. 15, 20; P.A. 89-146, S. 1.)
History: P.A. 89-146 amended Subsec. (a) to require the commissioner of environmental protection to notify the siting council of receipt of hazardous waste facility application and to require the siting council to send the chief executive officer of the municipality in which such facility is proposed a copy of provisions of general statutes re local project review committees and a copy of notice sent by commissioner and amended Subsec. (b) to authorize use of funds for environmental, scientific, economic, financial and legal assistance and to increase amount of maximum deposit from $30,000 to 50,000.
Cited. 207 C. 706.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-129. - Chief elected official's right of access to facility for inspection of premises and review of records. Time allowed for response to complaints.

The chief elected official of the municipality where the facility is proposed to be located or his designee shall have full access to such facility for inspection of premises and for review of facility records. If, after any inspection, a written complaint is made to the commissioner, he shall respond within fourteen days. Where the complaint involves an immediate threat to the public health and safety the commissioner shall respond within twenty-four hours.
(P.A. 81-369, S. 17, 20; P.A. 87-489, S. 9, 14.)
History: P.A. 87-489 substituted “written” complaint for “formal” complaint.
Cited. 207 C. 706.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-130. - Regulations.

All regulations required by this chapter and sections 16-50j and 16-50v shall be adopted by January 1, 1982. All applications for a permit for a hazardous waste facility pending before any federal, state or local agency as of July 1, 1981, shall be deemed applications for a certificate of public safety and necessity and subject to the provisions of this chapter and sections 16-50j and 16-50v. No application shall be accepted by the council until all regulations required by this chapter and said sections are adopted.
(P.A. 81-369, S. 18, 20.)
See Sec. 22a-6z re regulations implementing Subtitle C of the Resource Conservation and Recovery Act of 1976.
Cited. 207 C. 706.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-130a. - Regulations re the facilitation of flexibility and increased compliance by hazardous waste generators with certain regulatory requirements.

(a) Not later than July 1, 2018, the Commissioner of Energy and Environmental Protection shall, in accordance with chapter 54, issue a notice of intent to adopt regulations consistent with the Hazardous Waste Generator Improvements Rule, as published in the Federal Register of November 28, 2016, except for any proposed modifications deemed necessary by the commissioner, in accordance with subsection (h) of section 22a-6.
(b) If the commissioner is unable to fully comply with the provisions of subsection (a) of this section before July 1, 2018, the commissioner shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to commerce not later than August 1, 2018. Such report shall include an updated timeframe for the adoption of such regulations and a summary of any public comment received by the commissioner during the process to issue the notice of intent described in subsection (a) of this section.
(P.A. 17-242, S. 1.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-131. - Civil penalty for violation of hazardous waste program.

Any person who violates any provision of the state's hazardous waste program shall be assessed a civil penalty of not more than twenty-five thousand dollars for each day such violation continues. The Attorney General, upon complaint of the commissioner, shall institute a civil action to recover such penalty. Any amount recovered shall be deposited in the General Fund.
(P.A. 81-443, S. 2, 7; P.A. 84-535, S. 3; P.A. 85-390, S. 1; P.A. 87-475, S. 5, 7; P.A. 95-208, S. 6, 13.)
History: P.A. 84-535 added provision requiring amounts recovered to be credited to the emergency spill response fund; P.A. 85-390 substituted references to assessment of civil penalty for references to imposition of fine; P.A. 87-475 deleted reference to the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.); P.A. 95-208 amended section to require that any amount recovered be deposited in General Fund, rather than deposited in General Fund and credited to Emergency Spill Response Fund, effective July 1, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133. - Payments prohibited if federal funds available.

Payments shall not be made from the fund established by section 22a-451 for costs incurred by the state pursuant to subdivision (1) of subsection (d) of said section if federal funds are available for payment of such costs pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC 9601 et seq.), as amended.
(P.A. 82-320, S. 3, 4.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133a. - Definitions: Discovery and cleanup of hazardous waste disposal sites.

As used in this section, sections 22a-133b to 22a-133k, inclusive, section 22a-448 and subsection (c) of section 22a-449:
(1) “Commissioner” means the Commissioner of Energy and Environmental Protection;
(2) “Remedial action” means the discovery and evaluation of hazardous waste disposal sites, the containment or removal of hazardous waste from and mitigation of the effects of hazardous waste on such sites to the satisfaction of the commissioner, including studies and reports of such sites and financial requirements for postclosure, operations, maintenance and monitoring;
(3) “CERCLA” means the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC 9601 et seq.), as amended; and
(4) “Final remedial action” means action constituting a permanent remedy at a hazardous waste disposal site consistent with standards adopted by the Commissioner of Energy and Environmental Protection pursuant to section 22a-133k, provided to the extent permanent remedies are not available in a timely manner, temporary remedies taken to achieve such standards shall be deemed to be final remedial action until permanent remedies are developed and implemented.
(P.A. 87-561, S. 1, 13; P.A. 89-365, S. 8, 9; P.A. 94-198, S. 2, 13; P.A. 11-80, S. 1.)
History: P.A. 89-365 added Subdiv. (4) defining “final remedial action”; P.A. 94-198 added a reference to Sec. 22a-133k, effective June 7, 1994; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133b. - Discovery and evaluation of hazardous waste disposal sites deemed to pose threat to the environment or public health.

The Commissioner of Energy and Environmental Protection shall establish a program for the discovery and evaluation of hazardous waste disposal sites which he determines pose a threat to the environment or public health. Such program shall include provisions for the containment and removal of hazardous wastes and the mitigation of the effects of hazardous wastes on such sites.
(P.A. 87-561, S. 2, 13; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133c. - Hazardous waste disposal site inventory.

The commissioner shall maintain a hazardous waste disposal site inventory and provide for a method of recording the status of sites therein. The inventory shall include all sites listed on the report entitled “An Inventory of Hazardous Waste Sites in Connecticut and recommendations for Continuing Action”, prepared pursuant to section 22a-8a, and any other site said commissioner determines to be a threat to the environment or public health, including (1) sites discovered pursuant to sections 22a-134a to 22a-134d, inclusive, and subsection (d) of section 22a-449, or any other regulatory program administered by the commissioner, and (2) sites reported to said commissioner pursuant to Subtitle C of The Resource, Conservation and Recovery Act of 1976 (42 USC 6901 et seq.), as amended, and CERCLA or by any state, local or federal authority or any other source.
(P.A. 87-561, S. 3, 13.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133d. - Site assessments.

(a) Any site listed in the report prepared pursuant to section 22a-8a where remedial action has not been initiated shall be assessed on or before June 30, 1991. Any other hazardous waste disposal site determined by the commissioner to pose a threat to the environment or public health shall be assessed within forty-eight months of such determination.
(b) The commissioner shall establish the priority for assessment of sites on the inventory developed pursuant to section 22a-133c where remedial action has not been initiated. In establishing such priority, the commissioner shall consider the quantity and characteristics of the hazardous waste on the site, the potential threat from the hazardous waste to the environment or public health and any other factor he deems appropriate.
(c) A site assessment shall include, but not be limited to, the following: (1) Testing or engineering reports required by the commissioner; (2) determination of ownership of and the persons or municipality responsible for the disposal site; (3) a score developed by using the uncontrolled hazardous waste site ranking system found in the Code of Federal Regulations, Title 40, Section 300, Appendix A, as amended; and (4) a recommended time schedule for remedial action.
(P.A. 87-561, S. 4, 13.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133e. - Remedial action.

(a) Remedial action for sites on the inventory that is proceeding in accordance with the provisions of state or federal programs shall continue in accordance with such programs.
(b) The commissioner shall provide for remedial action for all assessed sites by (1) referring the site to the United States Environmental Protection Agency pursuant to the provisions of CERCLA; (2) issuing administrative orders to responsible parties pursuant to section 22a-6, 22a-428, 22a-432, 22a-433 or 22a-449, or (3) any action deemed necessary by said commissioner.
(c) If the commissioner determines that (1) the remedial action schedule for a site proposed by the United States Environmental Protection Agency pursuant to CERCLA is not consistent with the schedule developed in the assessment for such site list, or (2) the site, based on the site assessment score, is ineligible for CERCLA funding, he may pursue remedial action for the site from any account established for such purpose and seek reimbursement for such remedial action.
(P.A. 87-561, S. 5, 13.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133f. - Costs of remedial action. Regulations.

(a) The costs of remedial action pursued in accordance with the provisions of section 22a-133e may be paid from (1) available appropriations, or (2) any account authorized under subsection (a) of section 29 of special act 87-77 or subdivision (5) of subsection (e) of section 2 of special act 86-54. The costs may be paid from such funds and accounts provided the commissioner determines that the threat to the environment and public health from the site is unacceptable and (A) the commissioner is unable to determine the responsible party for the disposal or cleanup of the hazardous waste, (B) the responsible party is not in timely compliance with orders issued by the commissioner to provide remedial action, or (C) the commissioner has not issued a final decision on an order to a responsible party to provide remedial action because of (i) a request for a hearing made pursuant to section 22a-436 or sections 4-177 to 4-182, inclusive, or (ii) an order issued pursuant to said section 22a-436 is subject to an appeal pending before the Superior Court pursuant to section 22a-437 or sections 4-183 and 4-184.
(b) The commissioner shall adopt regulations in accordance with chapter 54, setting forth priorities for the use of such funds and accounts. In setting such priorities the commissioner shall consider any factor he deems appropriate, including the score developed pursuant to section 22a-133d.
(P.A. 87-561, S. 6, 13; P.A. 95-208, S. 9, 13; June Sp. Sess. P.A. 09-3, S. 403.)
History: P.A. 95-208 amended Subsec. (a) to replace reference to Emergency Spill Response Fund with reference to emergency spill response account, effective July 1, 1995; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to replace provision re payment of costs from emergency spill response account with provision re payment of costs from available appropriations in Subdiv. (1) and to make a technical change.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133g. - Reimbursement for costs and expenses of remedial action.

Whenever the commissioner pursues remedial action pursuant to section 22a-133e, he shall seek reimbursement of the costs and expenses incurred by requesting the Attorney General to bring a civil action to recover such costs and expenses from the responsible party. The costs and expenses recovered may include but shall not be limited to (1) the actual cost of the remedial action; (2) any administrative costs not exceeding ten per cent of the actual costs; (3) the costs of recovering the reimbursement, and (4) interest on the actual costs at a rate of ten per cent a year from the date such expenses were paid. If a hazardous waste disposal site was negligently caused, the responsible party may, at the discretion of the court, be liable for damages equal to one and one-half times the costs and expenses incurred.
(P.A. 87-561, S. 7, 13.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133h. - Telephone line for hazardous waste disposal site information.

The commissioner shall establish a toll-free telephone line to receive anonymous information from the public leading to the discovery of hazardous waste disposal sites. Any site identified from such information as a hazardous disposal site which poses a threat to the environment or public health shall be listed in the inventory prepared pursuant to section 22a-133c.
(P.A. 87-561, S. 8, 13.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133i. - Bonds.

The commissioner may provide the state share of payments of the costs of remedial action pursuant to CERCLA from funds authorized pursuant to subsection (a) of section 29 of special act 87-77 and subdivision (5) of subsection (e) of section 2 of special act 86-54.
(P.A. 87-561, S. 9, 13; P.A. 97-124, S. 9, 16.)
History: P.A. 97-124 deleted a $5,000,000 cap on the amount to be paid from certain bond funds for the state share of payments for costs of remedial action under the Comprehensive Environmental Response, Compensation and Liability Act, effective June 6, 1997.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133j. - Annual report.

On or before October 1, 1987, and annually thereafter, the commissioner shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment on the activities of the program authorized pursuant to sections 22a-133a to 22a-133i, inclusive. The report shall include, but not be limited to, the following: (1) An accounting of funds expended and remaining in the accounts established for the purpose of said sections; (2) the number of sites identified as hazardous waste disposal sites which pose a threat to the environment or public health, the number of site assessments made during the previous twelve-month period; (3) the number of sites where remedial action has been initiated; (4) the number of sites where remedial action has been completed; (5) the anticipated needs for funding and staff; and (6) any noncompliance with time periods for site assessments required by subsection (b) of section 22a-133d and the reasons therefor.
(P.A. 87-561, S. 10, 13.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133l. - Grants to clean up landfills where hazardous waste was disposed of.

(a) The Commissioner of Energy and Environmental Protection may establish, within available appropriations, a program of grants to municipalities and regional refuse disposal districts for the clean up of landfills where wastes were disposed of and later determined to be hazardous waste, as defined in section 22a-115. Any grant made under this section may be used for costs incurred in the following: (1) Investigation and monitoring of soils and groundwater at or near such landfills, (2) removal of hazardous waste for disposal at another location, (3) closure of the landfill, and (4) compliance with state or federal hazardous waste regulations.
(b) The Commissioner of Energy and Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section.
(P.A. 89-365, S. 3, 9; P.A. 92-162, S. 4, 25; P.A. 11-80, S. 1.)
History: P.A. 92-162 amended Subsec. (b) to make regulations under this section discretionary rather than mandatory; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133n. - Environmental use restrictions: Definitions.

For the purposes of sections 22a-133n to 22a-133r, inclusive: “Commissioner” means the Commissioner of Energy and Environmental Protection; “person” has the same meaning as provided in section 22a-2; and “environmental use restriction” means an environmental land use restriction or notice of activity and use limitation executed and recorded as prescribed in section 22a-133o, the purpose of which is to minimize the risk of human exposure to pollutants and hazards to the environment by (1) preventing the use of specified real property for certain purposes, or (2) prohibiting or requiring certain activities on such property.
(P.A. 94-198, S. 4, 13; P.A. 11-80, S. 1; P.A. 14-122, S. 134; P.A. 18-85, S. 2.)
History: P.A. 94-198 effective June 7, 1994; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 14-122 made technical changes; P.A. 18-85 redefined “environmental use restriction”.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133q. - Environmental use restrictions: Regulations re environmental land use restrictions and notices of activity and use limitation.

The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of sections 22a-133n to 22a-133r, inclusive. Such regulations may include, but not be limited to, provisions regarding the form, contents, fees, financial surety, monitoring and reporting, filing procedure for, and release from, environmental land use restrictions and notice of activity and use limitations.
(P.A. 94-198, S. 7, 13; P.A. 11-141, S. 14; P.A. 13-308, S. 35.)
History: P.A. 94-198 effective June 7, 1994; P.A. 11-141 added “fees, financial surety, monitoring and reporting” re regulations provisions, effective July 8, 2011; P.A. 13-308 changed reference from environmental use restrictions to environmental land use restrictions and added reference to notice of activity and use limitations.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133r. - Environmental use restrictions: Abatement of pollution when restriction or notice is void or without effect.

In the event that a court of competent jurisdiction finds for any reason that an environmental use restriction or notice of activity and use limitation is void or without effect for any reason, the owner of the subject land, in accordance with a schedule prescribed by the commissioner, shall promptly abate pollution thereon consistently with standards adopted under section 22a-133k for remediation of land used for residential or recreational purposes.
(P.A. 94-198, S. 8, 13; P.A. 13-308, S. 36; Sept. Sp. Sess. P.A. 20-9, S. 10.)
History: P.A. 94-198 effective June 7, 1994; P.A. 13-308 changed reference from environmental use restriction to environmental land use restriction and added reference to notice of activity and use limitation; Sept. Sp. Sess. P.A. 20-9 changed “environmental land use restriction” to “environmental use restriction”, effective October 2, 2020.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133s. - Environmental use restrictions: Other powers not affected.

Nothing in sections 22a-133n to 22a-133r, inclusive, shall be construed to affect the commissioner's authority under any other provision of law to abate or prevent pollution or to enforce any statute, requirement, order or permit issued or administered by him.
(P.A. 94-198, S. 9, 13.)
History: P.A. 94-198 effective June 7, 1994.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133t. - Special Contaminated Property Remediation and Insurance Fund.

There is established and created a fund to be known as the “Special Contaminated Property Remediation and Insurance Fund”. There shall be deposited in the fund: (1) The proceeds of bonds issued by the state for deposit into said fund and used in accordance with this section; (2) revenues from taxes or fees required to be deposited into the fund pursuant to law; and (3) interest or other income earned on the investment of moneys in the fund pending transfer or use pursuant to this section and section 22a-133u. The fund may contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. Investment earnings credited to the assets of said fund shall become part of the assets of said fund. Any balance remaining in said fund at the end of any fiscal year shall be carried forward in said fund for the fiscal year next succeeding.
(P.A. 95-190, S. 4, 17; P.A. 96-250, S. 4, 7.)
History: P.A. 95-190, S. 4 effective June 29, 1995; P.A. 96-250 deleted former Subsecs. (a), (c), (d) and (e) containing provisions authorizing revenue bonds for the fund, effective July 1, 1996.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133z. - General permits for contaminated site remediation.

The Commissioner of Energy and Environmental Protection may issue a general permit, in accordance with the provisions of the relevant section of the general statutes which authorizes the general permit, for any activity related to contaminated site remediation which activity the commissioner deems appropriate for a general permit.
(P.A. 95-190, S. 16, 17; P.A. 11-80, S. 1.)
History: P.A. 95-190, S. 16 effective June 29, 1995; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133cc. - Submission of information for covenant not to sue.

Any person seeking a covenant not to sue under sections 22a-133aa and 22-133bb shall submit to the commissioner sufficient information to allow the commissioner to make any determination required in said sections.
(P.A. 96-113, S. 12, 17.)
History: P.A. 96-113 effective May 24, 1996.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133ff. - Municipal liability for easement acquired for recreational use.

(a) For purposes of this section, “charge” has the same meaning as provided in section 52-557f, except that “charge” does not include tax revenue collected pursuant to title 12 by any owner, as defined in said section 52-557f, “hazardous waste” has the same meaning as provided in section 22a-115, and “pollution” has the same meaning as provided in section 22a-423.
(b) Notwithstanding any provision of the general statutes or regulations to the contrary, any municipality with a population greater than ninety thousand people that acquires an easement over property of another that is duly recorded on the land records for the purpose of making the property included in such easement available to the public for recreational use without charge, rent, fee or other commercial service shall not be liable to the state for any fines, penalties or costs of investigation or remediation with respect to any pollution or source of pollution or contamination by hazardous waste on or emanating from such easement area, provided such pollution or source of pollution or contamination by hazardous waste (1) occurred or existed on such property prior to the municipality's acquisition of such easement, and (2) was not caused or created by or contributed to by such municipality or by an agent of such municipality and provided such municipality, or the use of such easement area by the public, does not contribute to or exacerbate such existing pollution or source of pollution or contamination by hazardous waste or prevent the investigation or remediation of such pollution or contamination. Such municipality shall not interfere with, and shall provide access to, other persons who are investigating and remediating any such pollution or source of pollution or contamination by hazardous waste. This section does not limit or affect the liability of the owner or operator of the property on which such easement is located under any other provision of law, including, but not limited to, any obligation to address any such pollution or source of pollution or contamination by hazardous waste, or from any fines or penalties.
(c) Any municipality that acquires an easement for recreational use as provided in subsection (b) of this section shall ensure that any pollution or source of pollution or contamination from hazardous waste, on or emanating from such easement area, does not pose a risk to the public based upon the use of such easement.
(P.A. 11-61, S. 140; 11-141, S. 20.)
History: P.A. 11-61 amended Subsec. (a) to redefine “charge”.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133gg. - Evaluation of risk-based decision making for remediation of contaminated sites. Report. Statutory and regulatory recommendations.

The Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Public Health, shall evaluate risk-based decision making related to the remediation of contaminated sites. The commissioner shall, within existing resources, engage independent experts in the field, with broad national experience, to conduct such evaluation and prepare a report that includes an assessment of the existing process of risk-based decision making including risk assessment and risk management tools utilized to protect public health, general welfare and the environment. Such evaluation and report shall also include identification of best practices in ecological and human health risk assessment and risk management used by the United States Environmental Protection Agency and other regulatory agencies, and those published by the National Academy of Sciences. The commissioner shall provide opportunities for public review and input during the evaluation process. Upon completion of the evaluation and report, the commissioner shall consider the evaluation and report and make recommendations for statutory and regulatory changes to the risk-based decision making process including, but not limited to, those in section 22a-6u not later than October 1, 2014. For purposes of this section, “commissioner” means the Commissioner of Energy and Environmental Protection.
(P.A. 13-308, S. 28.)
History: P.A. 13-308 effective July 12, 2013.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-133hh. - Unified clean-up program regulations. Required provisions.

Notwithstanding any provision of the general statutes, in any regulation that the Commissioner of Energy and Environmental Protection adopts on or after July 1, 2014, concerning the establishment of a unified clean-up program to address releases, including oil and hazardous substances, the commissioner shall include provisions that shorten the time frames within which the commissioner shall determine whether to audit a final verification submitted by a licensed environmental professional or other person, if authorized by law, and to indicate at the end of such process that no further action is required, including reopeners, as appropriate.
(P.A. 13-308, S. 29.)
History: P.A. 13-308 effective July 12, 2013.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-134b. - Damages.

(a) Failure of the transferor to comply with any of the provisions of sections 22a-134 to 22a-134e, inclusive, and sections 22a-134h and 22a-134i entitles the transferee to recover damages from the transferor, and renders the transferor of the establishment strictly liable, without regard to fault, for all remediation costs and for all direct and indirect damages.
(b) An action to recover damages pursuant to subsection (a) of this section shall be commenced not later than six years after the later of (1) the due date for the filing of the appropriate transfer form pursuant to section 22a-134a, or (2) the actual filing date of the appropriate transfer form.
(c) This section shall apply to any action brought for the reimbursement or recovery of costs associated with investigation and remediation, which includes assessment, investigation, containment, mitigation, removal, remediation and monitoring, and all direct and indirect damages, except any action that becomes final and is no longer subject to appeal on or before October 1, 2009.
(P.A. 85-568, S. 4; P.A. 95-183, S. 5; P.A. 09-235, S. 5; P.A. 10-135, S. 4; Sept. Sp. Sess. P.A. 20-9, S. 7.)
History: P.A. 95-183 added a reference to Sec. 22a-134e and changed “cleanup and removal costs” to “remediation costs”; P.A. 09-235 designated existing provisions as Subsec. (a) and added Subsecs. (b) and (c) re actions, effective July 9, 2009; P.A. 10-135 amended Subsec. (c) by redefining investigation and remediation to include assessment, investigation, containment, mitigation, removal, remediation and monitoring and deleting reference to Sec. 22-452(n), effective July 1, 2010; Sept. Sp. Sess. P.A. 20-9 amended Subsec. (a) by adding reference to Secs. 22a-134h and 22a-134i, effective October 2, 2020.
Trial court properly considered in its valuation of property the possibility of recovering remediation costs pursuant to Transfer Act. 272 C. 14.
Cited. 27 CA 353; 30 CA 204; 43 CA 113.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-134c. - Authority of commissioner.

The provisions of sections 22a-134 to 22a-134e, inclusive, and sections 22a-134h and 22a-134i shall not affect the authority of the commissioner under any other statute or regulation, including, but not limited to, the authority to issue any order to the transferor or transferee of an establishment.
(P.A. 85-568, S. 5; P.A. 95-183, S. 6; Sept. Sp. Sess. P.A. 20-9, S. 8.)
History: P.A. 95-183 added a reference to Sec. 22a-134e; Sept. Sp. Sess. P.A. 20-9 added reference to Secs. 22a-134h and 22a-134i, effective October 2, 2020.
Cited. 27 CA 353; 43 CA 113.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-134d. - Penalty.

Any person who violates any provision of sections 22a-134a to 22a-134e, inclusive, and sections 22a-134h and 22a-134i or regulations issued in accordance with the provisions of said sections shall be assessed a civil penalty or shall be fined in accordance with section 22a-438.
(P.A. 85-568, S. 6; P.A. 95-183, S. 7; 95-190, S. 15, 17; P.A. 01-204, S. 17; June Sp. Sess. P.A. 01-9, S. 73, 131; Sept. Sp. Sess. P.A. 20-9, S. 9.)
History: P.A. 95-183 added a reference to Sec. 22a-134e; P.A. 95-190 also added reference to Sec. 22a-134e and provided for a penalty under this section for anyone who gives false information pursuant to a voluntary site remediation, effective June 29, 1995; P.A. 01-204 deleted existing provisions and added provisions re assessment of civil penalty or fine in accordance with Sec. 22a-438; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; Sept. Sp. Sess. P.A. 20-9 added reference to Secs. 22a-134h and 22a-134i, effective October 2, 2020.
Cited. 27 CA 353; 43 CA 113.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 445 - Hazardous Waste › Section 22a-134f. - List of hazardous waste facilities. Municipal clerks to maintain and post.

(a) The Commissioner of Energy and Environmental Protection shall provide the clerk of each municipality in the state with a list of all hazardous waste facilities located within such municipality. As used in this section, “hazardous waste” means any material defined as hazardous waste in section 22a-115 except sewage and sewage sludge, and “hazardous waste facility” means a facility as defined in section 22a-115, except a facility which stores hazardous waste for less than ninety days or whose primary business is not disposal, treatment or recovery of hazardous waste, but which may treat or recover such waste as an integral part of an industrial process, and any site listed under section 22a-133c. Each such list shall be updated by the commissioner at least quarterly.
(b) Each municipal clerk shall maintain a copy of the list provided pursuant to subsection (a) of this section, as updated, and shall post a notice of the availability of the list in the area where the municipal land records are kept.
(P.A. 91-294, S. 1, 2; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
See Sec. 20-327f re disclosure of lists of hazardous waste facilities in connection with the sale of one-to-four family residential real property.