For the purposes of this section and sections 22a-134qq to 22a-134xx, inclusive:
(1) “Commissioner” means the Commissioner of Energy and Environmental Protection;
(2) “Brownfields program” means the brownfields liability relief program established pursuant to section 32-764, the abandoned brownfields program authorized by section 32-769, the brownfield remediation and revitalization program authorized by section 32-769, or the municipal brownfield liability relief program authorized by section 22a-133ii;
(3) “Land and waters of the state” means all waters, as defined in section 22a-423, and any land surface, including improved or unimproved surfaces, soils or subsurface strata;
(4) “Municipality” has the same meaning as provided in section 22a-423;
(5) “Person” means any individual, partnership, association, firm, limited liability company, corporation or other entity, the federal government, the state or any instrumentality or subdivision of the state, including any municipality, and any officer or governing or managing body of any partnership, association, firm or corporation or any member or manager of a limited liability company, provided (A) any such officer, body, member or manager is in a position of responsibility that allows the person to influence corporate policies or activities; (B) there is a nexus between the officer, body, member or manager's actions or inactions in such position and the violation of sections 22a-134qq to 22a-134ww, inclusive, such that such officer, body, member or manager influenced the corporate actions that constituted the violation; and (C) the actions or inactions of the officer, body, member or manager facilitated such violation;
(6) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into or onto the land and waters of the state, not authorized under this title, of oil or petroleum or chemical liquids or solids, liquid or gaseous products or hazardous waste as defined in section 22a-448. “Release” does not include automotive exhaust or the application of fertilizer or pesticides consistent with their labeling;
(7) “Remediation” means determining the nature and extent of a release, in accordance with prevailing standards and guidelines, and the containment, removal and mitigation of such release, and includes, but is not limited to, the reduction of pollution by monitored natural attenuation;
(8) “Report” means to notify the commissioner of a release in accordance with the provisions of sections 22a-134qq to 22a-134tt, inclusive, and in the manner specified by the commissioner; and
(9) “Verification” means the written opinion of a licensed environmental professional on a form prescribed by the commissioner that the remediation of a release satisfies the standards established in regulations adopted pursuant to section 22a-134tt.
(Sept. Sp. Sess. P.A. 20-9, S. 15.)
History: Sept. Sp. Sess. P.A. 20-9 effective October 2, 2020 (Revisor's note: In codifying this section, an incorrect reference to “this act” was deemed by the Revisors to be a reference to “section 19” and codified as section 22a-134tt).