(a) Any person who creates or maintains a release to the land and waters of the state on or after the date when regulations are first adopted pursuant to section 22a-134tt shall, upon discovery of such release: (1) Report the release, if such a report is required by the regulations adopted pursuant to section 22a-134tt, and (2) remediate any release to the standards identified in regulations adopted pursuant to section 22a-134tt. If any person fails to comply with the provisions of this section and section 22a-134tt, such person shall be liable for any costs incurred by the commissioner in accordance with section 22a-451, or costs incurred by any other person who contains or removes or otherwise mitigates the effects of such release in accordance with section 22a-452.
(b) A release shall not be deemed discovered if the only evidence of such release is data available or generated before the date when regulations are first adopted pursuant to section 22a-134tt.
(c) On any parcel required to be investigated and remediated pursuant to sections 22a-134 to 22a-134e, inclusive, and sections 22a-134h to 22a-134i, inclusive:
(1) Only releases that occurred prior to the filing of a Form I, Form II, Form III or Form IV but that were not discovered until (A) after the date of the commissioner's approval of the remediation, or (B) the date to which the verification applies, as designated on the form submitted to the commissioner in connection with a Form III or Form IV verification, or (C) the date on which the Form I or Form II was filed shall be subject to the requirements of sections 22a-134qq to 22a-134xx, inclusive;
(2) Any release that occurs after the filing of a Form I, Form II, Form III or Form IV shall be subject to the requirements of sections 22a-134qq to 22a-134xx, inclusive, except that when a Phase II investigation has been completed after the filing of a Form III or Form IV, only releases which occur after the date of the Phase II investigation shall be subject to the requirements of sections 22a-134qq to 22a-134xx, inclusive; and
(3) For the purposes of this subsection, “parcel”, “Form I”, “Form II”, “Form III” and “Form IV” have the same meanings as provided in section 22a-134.
(d) On any brownfield site accepted into a brownfields program:
(1) Releases that are discovered before the date on which the remediation requirements of the applicable brownfields program are fully satisfied shall continue to be subject to the applicable brownfields program and shall not be subject to sections 22a-134qq to 22a-134xx, inclusive;
(2) Releases that are discovered after but which occur prior to the date on which the remediation requirements of the applicable brownfields program are fully satisfied shall continue to be subject to such program and shall not be subject to sections 22a-134qq to 22a-134xx, inclusive. Nothing in sections 22a-134qq to 22a-134xx, inclusive, shall be construed to affect any liability protection afforded by any applicable brownfields program or a covenant not to sue entered into by the commissioner;
(3) Releases that occur after the date on which the requirements of the applicable brownfields program are fully satisfied shall be subject to sections 22a-134qq to 22a-134xx, inclusive. Liability for any such releases shall remain subject to the provisions of section 22a-134vv concerning liability protection afforded or a covenant not to sue entered into by the commissioner.
(e) Within available resources, the department shall provide a publicly accessible Internet database that contains all reports and verifications submitted as required by this section. Such database shall provide for the electronic submission of reports and verifications and search functionality. If such a system is not available at the time regulations are first adopted pursuant to section 22a-134tt, the department shall file an update on its progress for publication in the Environmental Monitor.
(Sept. Sp. Sess. P.A. 20-9, S. 17.)
History: Sept. Sp. Sess. P.A. 20-9 effective October 2, 2020.