Bill Text: CT SB01082 | 2013 | General Assembly | Comm Sub
Bill Title: An Act Concerning Brownfield Redevelopment, Institutional Controls And Significant Environmental Hazard Programs.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2013-06-04 - Senate Recommitted to Environment [SB01082 Detail]
Download: Connecticut-2013-SB01082-Comm_Sub.html
General Assembly |
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January Session, 2013 |
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AN ACT CONCERNING BROWNFIELD REDEVELOPMENT, INSTITUTIONAL CONTROLS AND SIGNIFICANT ENVIRONMENTAL HAZARD PROGRAMS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2013) (a) For the purposes of this section:
(1) "Applicant" means any (A) municipality, (B) economic development agency or entity established pursuant to chapter 130 or 132 of the general statutes, (C) nonprofit economic development corporation formed to promote the common good, general welfare and economic development of a municipality and that is funded, either directly or through in-kind services, in part by a municipality, or (D) a nonstock corporation or limited liability company controlled or established by a municipality, municipal economic development agency or entity created or operating pursuant to chapter 130 or 132 of the general statutes;
(2) "Municipality" has the same meaning as provided in section 8-187 of the general statutes;
(3) "Brownfield" has the same meaning as provided in section 32-9kk of the general statutes;
(4) "Commissioner" means the Commissioner of Energy and Environmental Protection; and
(5) "Regulated substance" means any oil or petroleum or chemical liquid or solid, liquid or gaseous product or hazardous waste.
(b) There is established a brownfield liability relief program to assist applicants with the redevelopment of eligible brownfields and to provide such applicants with liability relief for such brownfields. The Commissioner of Energy and Environmental Protection shall administer such relief program and accept brownfields into such program based on the eligibility criteria, as established in this section.
(c) Prior to acquiring a brownfield, any applicant may apply to the commissioner, on such forms as the commissioner prescribes, to obtain liability relief as described in subsection (d) of this section. Any brownfield shall be eligible for the program if the commissioner determines that: (1) The property is a brownfield; (2) such applicant intends to acquire title to such brownfield for the purpose of redeveloping or facilitating the redevelopment of such brownfield; (3) such applicant did not establish or create a facility or condition at or on such brownfield that can reasonably be expected to create a source of pollution to the waters of the state; (4) such applicant is not affiliated with any person responsible for such pollution or source of pollution through any contractual, corporate or financial relationship other than a municipality's exercise of such municipality's police, regulatory or tax powers or a contractual relationship in which such person's interest in such brownfield will be conveyed or financed; (5) such applicant is not otherwise required by law, an order or consent order issued by the commissioner or a stipulated judgment to remediate pollution on or emanating from such brownfield; and (6) such brownfield and applicant meet any other criteria that said commissioner deems necessary.
(d) (1) Upon the acceptance of any brownfield into such program by the commissioner and upon such applicant taking title to such property, such applicant shall not be liable to the state or any person for the release of any regulated substance at or from the eligible brownfield that occurred prior to such applicant taking title to such brownfield, except such applicant shall be liable to the state or any person to the extent that such applicant caused or contributed to the release of a regulated substance that is subject to remediation and to the extent that such applicant negligently or recklessly exacerbated the condition of such brownfield.
(2) Any applicant that owns a brownfield that is accepted in such brownfield liability relief program shall be considered an innocent party and shall not be liable to the commissioner or any person under section 22a-427, 22a-430, 22a-432, 22a-451 or 22a-452 of the general statutes nor under any theory of common law for any prior existing condition on such brownfield or any existing condition on such brownfield property as of the date of taking title to such brownfield provided such applicant (A) did not establish, cause or contribute to the discharge, spillage, uncontrolled loss, seepage or filtration of such hazardous substance, material, waste or pollution, (B) does not exacerbate any such condition on such brownfield, (C) complies with the reporting and abatement of significant environmental hazard requirements in section 22a-6u of the general statutes, as amended by this act, and (D) makes good faith efforts to minimize the risk to public health and the environment posed by such brownfield and the conditions or materials present at such brownfield. To the extent that any conditions on such brownfield are exacerbated by such applicant, such applicant shall only be responsible for responding to contamination exacerbated by such applicant's negligent or reckless activities.
(e) After acceptance of any brownfield into such program by the commissioner and upon such applicant taking title to such property, such applicant shall (1) submit a plan and schedule for minimizing the risk to public health and the environment posed by such brownfield and the conditions or materials present at such brownfield; and (2) continue to facilitate the investigation, remediation, and redevelopment of such brownfield.
(f) The commissioner shall determine whether an application submitted pursuant to this section is complete. If the commissioner determines that an application is complete and that such brownfield and applicant meet the requirements for eligibility, as established in subsection (c) of this section, the commissioner shall notify such applicant that such brownfield has been accepted into the brownfield liability relief program.
(g) Acceptance of a brownfield in such brownfield liability relief program shall not limit such applicant's or any other person's ability to seek funding for such brownfield under any other brownfield grant or loan program administered by the Department of Economic and Community Development, the Connecticut Brownfield Redevelopment Authority, or the Department of Energy and Environmental Protection.
(h) Acceptance of a brownfield in such brownfield liability relief program shall exempt such applicant from the requirement to file as an establishment pursuant to sections 22a-134a to 22a-134d, inclusive, of the general statutes, if such brownfield constitutes an establishment, as defined in section 22a-134 of the general statutes.
Sec. 2. Subsections (b) to (g), inclusive, of section 22a-6u of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(b) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating from a parcel, that such pollution is causing or has caused contamination of a public or private drinking water well with: [a] (A) A substance for which the Commissioner of Energy and Environmental Protection has established a ground water protection criterion in regulations adopted pursuant to section 22a-133k at a concentration above the ground water protection criterion for such substance, or (B) the presence of nonaqueous phase liquid, such professional shall notify his or her client and the owner of the parcel, if the owner can reasonably be identified, not later than twenty-four hours after determining that the contamination exists. If, seven days after such determination, the owner of the subject parcel has not notified the commissioner, the client of the professional shall notify the commissioner. If the owner notifies the commissioner, the owner shall provide documentation to the client of the professional which verifies that the owner has notified the commissioner.
(2) The owner of a parcel on which exists a source of contamination to soil or waters of the state shall notify the commissioner if such owner becomes aware that such pollution is causing or has caused contamination of a private or public drinking water well with either a substance for which the commissioner has established a ground water protection criterion in regulations adopted pursuant to section 22a-133k at a concentration at or above the ground water protection criterion for such substance, or the presence of nonaqueous phase liquid. Notice under this section shall be given to the commissioner (A) orally, not later than one business day after such person becomes aware that the contamination exists, and (B) in writing, not later than five days after such oral notice.
(3) Not later than thirty days after the date the owner of such parcel becomes aware of such contamination, such owner shall determine the presence of any other water supply wells located within five hundred feet of the polluted well by conducting a receptor survey and such owner shall seek access to all drinking water supply wells within one hundred feet of the polluted well for sampling. If such access is granted, such owner shall sample and analyze the water quality of such wells, and submit a report of such evaluation to the commissioner that includes proposals for further action.
(c) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating from a parcel, that such pollution is causing or has caused contamination of a public or private drinking water well with: (A) A substance for which the commissioner has established a ground water protection criterion in regulations adopted pursuant to section 22a-133k at a concentration less than such ground water protection criterion for such substance; or (B) any other substance resulting from the release which is the subject of the investigation or remediation, such professional shall notify his client and the owner of the parcel, if the owner can reasonably be identified, not later than seven days after determining that the contamination exists.
(2) The owner of a parcel on which exists a source of pollution to soil or the waters of the state shall notify the commissioner if such owner becomes aware that such pollution is causing or has caused contamination of a private or public drinking water well with: (A) A substance for which the commissioner has established a ground water protection criterion in regulations adopted pursuant to section 22a-133k at a concentration less than such ground water protection criterion for such substance; or (B) any other substance which was part of the release which caused such pollution. Notice under this subdivision shall be given in writing not later than [seven] thirty days after the time such person becomes aware that the contamination exists.
(3) Not later than thirty days after the time such owner becomes aware that such contamination exists, such owner shall perform confirmatory sampling of the well, and submit a report concerning such confirmatory sampling to the commissioner that includes proposals for any further action. If such confirmatory sampling demonstrates a concentration above the ground water protection criterion for such substance, such owner shall proceed in accordance with the provisions of subdivision (2) of subsection (b) of this section.
(d) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating from a parcel, that such pollution of soil within two feet of the ground surface contains a substance, except for total petroleum hydrocarbon, at a concentration at or above [thirty] ten times the industrial/commercial direct exposure criterion for such substance if the parcel is in industrial or commercial use, or the residential direct exposure criterion if the parcel is in residential use, which criteria are specified in regulations adopted pursuant to section 22a-133k, such professional shall notify his client and the owner of the parcel, if such owner is reasonably identified, not later than seven days after determining that the contamination exists, except that notice will not be required if [the] either: (A) The land-use of such parcel is not residential activity and the substance is one of the following: Acetone, 2-butanone, chlorobenzene, 1,2-dichlorobenzene, 1,3-dichlorobenzene, 1,1-dichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, ethylbenzene, methyl-tert-butyl-ether, methyl isobutyl ketone, styrene, toluene, 1,1,1-trichloroethane, xylenes, acenaphthylene, anthracene, butyl benzyl phthalate, 2-chlorophenol, di-n-butyl phthalate, di-n-octyl phthalate, 2,4-dichlorophenol, fluoranthene, fluorene, naphthalene, phenanthrene, phenol and pyrene, or (B) data shows that within the two feet of the ground surface the soil is not polluted at or above ten times the relevant direct exposure criteria.
(2) The owner of the subject parcel shall notify the commissioner in writing not later than ninety days after the time such owner becomes aware that the contamination exists except that notification will not be required if by the end of said ninety days: (A) The contaminated soil is remediated in accordance with regulations adopted pursuant to section 22a-133k; (B) the contaminated soil is inaccessible soil as that term is defined in regulations adopted pursuant to section 22a-133k; or (C) the contaminated soil which exceeds [thirty] ten times such criterion is treated or disposed of in accordance with all applicable laws and regulations.
(3) Not later than the due date for any written notification required pursuant to subdivision (2) of this subsection, such owner shall, at a minimum: (A) Evaluate the extent of such contaminated soil that exceeds ten times the applicable direct exposure criteria, (B) prevent exposure to such soil, and (C) submit a report on such evaluation and prevention to the commissioner that includes proposals for further action, including, but not limited to, maintenance and monitoring of interim controls to prevent exposure to soil that exceeds ten times the applicable criteria.
(e) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating from a parcel, that such pollution is causing or has caused ground water within fifteen feet beneath an industrial or commercial building to be contaminated with a volatile organic substance at a concentration at or above [thirty] ten times the industrial/commercial volatilization criterion for ground water for such substance or, if such contamination is beneath a residential building, at a concentration at or above thirty times the residential volatilization criterion, which criteria are specified in regulations adopted pursuant to section 22a-133k, such professional shall, not later than seven days after determining that the contamination exists, notify his client and the owner of the subject parcel, if such owner can reasonably be identified.
(2) The owner of such parcel shall notify the commissioner in writing not later than thirty days after such person becomes aware that the contamination exists except that notification is not required if: (A) The concentration of such substance in the soil vapor beneath such building is at or below [thirty] ten times the soil vapor volatilization criterion, appropriate for the land-use for the parcel, for such substance as specified in regulations adopted pursuant to section 22a-133k; (B) the concentration of such substance in groundwater is below [thirty] ten times a site-specific volatilization criterion for ground water for such substance calculated in accordance with regulations adopted pursuant to section 22a-133k; (C) ground water volatilization criterion, appropriate for the land-use of the parcel, for such substance specified in regulations adopted pursuant to section 22a-133k is fifty thousand parts per billion; or (D) not later than thirty days after the time such person becomes aware that the contamination exists, an indoor air monitoring program is initiated in accordance with subdivision (3) of this subsection.
(3) An indoor air quality monitoring program for the purposes of this subsection shall consist of sampling of indoor air once every two months for a duration of not less than one year, sampling of indoor air immediately overlying such contaminated ground water, and analysis of air samples for any volatile organic substance which exceeded [thirty] ten times the volatilization criterion as specified in or calculated in accordance with regulations adopted pursuant to section 22a-133k. The owner of the subject parcel shall notify the commissioner if: (A) The concentration in any indoor air sample exceeds [thirty] ten times the target indoor air concentration, appropriate for the land-use of the parcel, as specified in regulations adopted pursuant to section 22a-133k; or (B) the indoor air monitoring program is not conducted in accordance with this subdivision. Notice shall be given to the commissioner in writing not later than seven days after the time such person becomes aware that such a condition exists.
(f) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating from a parcel, that such pollution is causing or has caused contamination of ground water which is discharging to surface water and such ground water is contaminated with: [a substance] (A) A substance for which an acute aquatic life criterion is listed in appendix D of the most recent water quality standards adopted by the commissioner at a concentration which exceeds ten times [(A)] (i) such criterion for such substance in said appendix D, or [(B)] (ii) such criterion for such substance times a site specific dilution factor calculated in accordance with regulations adopted pursuant to section 22a-133k, or (B) a nonaqueous phase liquid, such professional shall notify his client and the owner of such parcel, if such owner can reasonably be identified, not later than [seven] thirty days after determining that the contamination exists.
(2) [The] For nonaqueous phase liquid, the owner of such parcel shall notify the commissioner (A) orally, not later than one business day after such person becomes aware of such contamination, and (B) in writing, not later than thirty days after such oral notice. For contamination with a substance, as described in subdivision (1) of this subsection, such owner shall notify the commissioner, in writing, not later than [seven] thirty days after the time such person becomes aware that the contamination exists. [except that notice] Notice shall not be required pursuant to this subdivision if such person knows that the polluted discharge at that concentration [has been] or in such physical state was reported to the commissioner, in writing, within the preceding year.
(3) For any location where nonaqueous phase liquid discharges to a surface water, such owner shall (A) take immediate action to mitigate and abate such discharge, and (B) not later than thirty days after the date written notification is due pursuant to this subsection, submit a report to the commissioner of mitigation measures taken and a plan for further action to abate and mitigate such hazard. For any contamination with a substance as described in subdivision (1) of this subsection, the owner shall submit a proposed plan to the commissioner to abate and mitigate the hazard.
(g) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating from a parcel, that such pollution is causing or has caused contamination of ground water within five hundred feet in an upgradient direction or two hundred feet in any direction of a private or public drinking water well which ground water is contaminated with a substance resulting from a release for which the commissioner has established a ground water protection criterion in regulations adopted pursuant to section 22a-133k at a concentration at or above the ground water protection criterion for such substance, such technical environmental professional shall notify his client and the owner of the subject parcel, if such owner can reasonably be identified, not later than [seven] thirty days after determining that the contamination exists.
(2) The owner of the subject parcel shall notify the commissioner in writing not later than [seven] thirty days after the time such owner becomes aware that the contamination exists.
(3) Not later than thirty days after the date such owner becomes aware of such contamination, such owner shall determine the presence of any other water supply wells located within five hundred feet of such location by conducting a receptor survey and seeking access for the purpose of sampling all drinking water supply wells within one hundred feet of such location. If such access is granted, such owner shall sample and analyze the water quality of such wells and submit a report to the commissioner concerning such evaluation that includes any proposals for further action.
Sec. 3. Subsections (k) to (m), inclusive, of section 22a-6u of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(k) The commissioner shall provide written acknowledgment of receipt of a written notice pursuant to this section not later than ten days after receipt of such notice [. Such acknowledgment shall be accompanied by (1) a statement that] and in such acknowledgement may provide any information that the commissioner deems appropriate. Unless otherwise specified in this subsection, the owner of the parcel [has up to ninety days within which to] shall, not later than ninety days after the date such owner becomes aware that such contamination exists, submit to the commissioner a plan to remediate or abate the contamination or condition or that describes how the contamination or condition was abated, as applicable. If such plan is not submitted or is not approved by the commissioner, the commissioner shall prescribe the action to be taken [, or (2)] or issue a directive as to action required to remediate or abate the contamination or condition. If a plan is submitted which details actions to be taken, or a report is submitted which details actions taken, to mitigate the contamination or conditions such that notice under this section would not be required, and such plan or report is acceptable to the commissioner, the commissioner shall approve such plan or report in writing. When actions implementing an approved plan are completed or when a report, stamped and sealed by a licensed environmental professional, demonstrates that such release was remediated in accordance with regulations adopted pursuant to section 22a-133k, the commissioner shall issue a certificate of compliance.
(l) An owner who has submitted written notice pursuant to this section shall, not later than five days after the commencement of an activity by any person that increases the likelihood of human exposure to known contaminants, including, but not limited to, construction, demolition, significant soil disruption or the installation of utilities, post such notice in a conspicuous place on such property and, in the case of a place of business, in a conspicuous place inside the place of business. An owner who violates this [subsection] section shall pay a civil penalty of one hundred dollars for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon complaint of the commissioner, shall institute an action in the superior court for the judicial district of Hartford to recover such penalty.
(m) Not later than ten days after receipt of any written notice received under this section, the commissioner shall: (1) Forward a copy of such notice to the chief elected official of the municipality in which the subject pollution was discovered by the technical environmental professional, (2) forward a copy of such notice to the state senator and state representative representing the area in which the subject pollution was discovered by the technical environmental professional, (3) forward a copy of such notice to the Labor Commissioner where the Division of Occupational Safety and Health, within the Labor Department, has jurisdiction over the employers, employees and places of employment on the subject property, (4) forward a copy of such notice to the employee representatives who request such reports, (5) forward a copy of such notice to the federal Occupational Safety and Health Administration, and (6) maintain a list on the department's Internet web site of all the notices received under this section. Any forwarding of such notice, as required by this subsection, shall be performed by electronic means.
Sec. 4. Section 22a-133o of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) An owner of land [may] shall execute and record an environmental land use restriction under sections 22a-133n to 22a-133r, inclusive, as amended by this act, on the land records of the municipality in which such land is located if (1) the commissioner has adopted standards for the remediation of contaminated land pursuant to section 22a-133k and adopted regulations pursuant to section 22a-133q, as amended by this act, (2) the commissioner, or in the case of land for which remedial action was supervised under section 22a-133y, a licensed environmental professional, determines, as evidenced by his signature on such restriction, that it is consistent with the purposes and requirements of sections 22a-133n to 22a-133r, inclusive, as amended by this act, and of such standards and regulations, and (3) such restriction will effectively protect public health and the environment from the hazards of pollution. Such environmental land use restriction may be in the form of an environmental land use restriction, as described in subsection (b) of this section, or a notice of activity and use limitation, as described in subsection (c) of this section.
(b) (1) No owner of land may record an environmental land use restriction on the land records of the municipality in which such land is located unless he simultaneously records documents which demonstrate that each person holding an interest in such land or any part thereof, including without limitation each mortgagee, lessee, lienor and encumbrancer, irrevocably subordinates such interest to the environmental land use restriction, provided the commissioner may waive such requirement if he finds that the interest in such land is so minor as to be unaffected by the environmental land use restriction. The commissioner shall waive the requirement to obtain subordination agreements for any interest in land that, when acted upon, is not capable of creating a condition contrary to any purpose of such environmental land use restriction. An environmental land use restriction shall run with land, shall bind the owner of the land and his successors and assigns, and shall be enforceable notwithstanding lack of privity of estate or contract or benefit to particular land.
[(c)] (2) Within seven days after executing an environmental land use restriction and receiving thereon the signature of the commissioner or licensed environmental professional, as the case may be, the owner of the land involved therein shall record such restriction and documents required under [subsection (b) of this section] subdivision (1) of this subsection on the land records of the municipality in which such land is located and shall submit to the commissioner a certificate of title certifying that each interest in such land or any part thereof is irrevocably subordinated to the environmental land use restriction in accordance with [said subsection (b)] subdivision (1) of this subsection.
[(d)] (3) An owner of land with respect to which an environmental land use restriction applies may be released, wholly or in part, permanently or temporarily, from the limitations of such restriction only with the commissioner's written approval which shall be consistent with the regulations adopted pursuant to section 22a-133q, as amended by this act, and shall be recorded on the land records of the municipality in which such land is located. The commissioner may waive the requirement to record such release if he finds that the activity which is the subject of such release does not affect the overall purpose for which the environmental land use restriction was implemented, or for a temporary release, the activity is sufficiently limited in scope and duration, and does not alter the size of the area subject to the environmental land use restriction. The commissioner shall not approve any such permanent release unless the owner demonstrates that he has remediated the land, or such portion thereof as would be affected by the release, in accordance with the standards established pursuant to section 22a-133k.
[(e)] (4) An environmental land use restriction shall survive foreclosure of a mortgage, lien or other encumbrance.
(c) (1) A notice of activity and use limitation may be used and recorded for releases remediated in accordance with the regulations adopted pursuant to sections 22a-133k and 22a-133q, as amended by this act, for the following purposes:
(A) To achieve compliance with industrial or commercial direct exposure criteria, groundwater volatilization criteria, and soil vapor criteria, as established in regulations adopted pursuant to section 22a-133k, by preventing residential activity and use of the area to be affected through the notice of activity and use limitation, provided such property is zoned to exclude residential use and is not used for any residential use, as defined in regulations adopted pursuant to section 22a-133k;
(B) To prevent disturbance of polluted soil that exceeds the applicable direct exposure criteria but that is inaccessible, in compliance with the provisions of the regulations adopted pursuant to section 22a-133k, provided pollutant concentrations in such inaccessible soil do not exceed ten times the applicable direct exposure criteria;
(C) To prevent disturbance of an engineered control to the extent such engineered control is for the sole remedial purpose of eliminating exposure to polluted soil that exceeds the direct exposure criteria, provided pollutant concentrations in such soil do not exceed ten times the applicable direct exposure criteria;
(D) To prevent demolition of a building or permanent structure that renders polluted soil environmentally isolated, provided: (i) The pollutant concentrations in the environmentally isolated soil do not exceed ten times the applicable direct exposure criteria and the applicable pollutant mobility criteria, or (ii) the total volume of soil that is environmentally isolated is less than or equal to ten cubic yards; or
(E) Any other purpose the commissioner may prescribe by regulations adopted in accordance with the provisions of chapter 54.
(2) No owner shall record a notice of activity and use limitation on the land records of the municipality in which such land is located unless such owner, not later than sixty days prior to such recordation, provides written notice to each person who holds an interest in such land or any part thereof, including each mortgagee, lessee, lienor and encumbrancer. Such written notice of the proposed notice of activity and use limitation shall be sent by certified mail, return receipt requested, and shall include notice of the existence and location of pollution within such area and the terms of such proposed activity and use limitation. Such sixty-day-notice period may be waived upon the written agreement of all such interest holders.
(3) A notice of activity and use limitation recorded pursuant to this subsection shall be implemented and adhered to by the owner and holders of interests in the property and any person who has a license to use such property, and such owner's successors and assigns, or to conduct remediation on any portion of such property.
(4) Any notice of activity and use limitation shall be effective when recorded on the land records of the municipality in which such property is located.
(5) (A) Any notice of activity and use limitation, as described in this subsection, shall be prepared on a form prescribed by the commissioner.
(B) A notice of activity and use limitation decision document, signed by the commissioner or signed and sealed by a licensed environmental professional, shall be referenced in and recorded with any such notice of activity and use limitation, and shall specify:
(i) Why the notice of activity and use limitation is appropriate for achieving and maintaining compliance with the regulations adopted pursuant to section 22a-133k;
(ii) Any activities and uses that are inconsistent with maintaining compliance with such regulations;
(iii) Any activities and uses to be permitted;
(iv) Any obligations and conditions necessary to meet the objectives of the notice of activity and use limitation; and
(v) The nature and extent of pollution in the area that is the basis for the notice of activity and use limitation, including a listing of contaminants and concentrations for such contaminants, and the horizontal and vertical extent of such contaminants.
(6) Upon transfer of any interest in or a right to use property, or a portion of property that is subject to a notice of activity and use limitation, the owner of such land, any lessee of such land and any person who has the right to subdivide or sublease such property, shall incorporate such notice in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements and any other instrument of transfer.
(7) Any notice of activity and use limitation shall survive foreclosure of a mortgage, lien or other encumbrance.
Sec. 5. Section 22a-133p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) The Attorney General, at the request of the commissioner, shall institute a civil action in the superior court for the judicial district of Hartford or for the judicial district wherein the subject land is located for injunctive or other equitable relief to enforce an environmental land use restriction, a notice of activity and use limitation or the provisions of sections 22a-133n to 22a-133q, inclusive, as amended by this act, and regulations adopted [thereunder] pursuant to said sections or to recover a civil penalty pursuant to subsection (e) of this section.
(b) The commissioner may issue orders pursuant to sections 22a-6 and 22a-7 to enforce an environmental land use restriction, a notice of activity and use limitation or the provisions of sections 22a-133n to 22a-133q, inclusive, as amended by this act, and regulations adopted [thereunder] pursuant to said sections.
(c) In any administrative or civil proceeding instituted by the commissioner to enforce an environmental land use restriction, a notice of activity and use limitation or the provisions of sections 22a-133n to 22a-133q, inclusive, as amended by this act, and regulations adopted [thereunder] pursuant to said sections, any other person may intervene as a matter of right.
(d) In any civil or administrative action to enforce an environmental land use restriction, a notice of activity and use limitation or the provisions of sections 22a-133n to 22a-133q, inclusive, as amended by this act, and regulations adopted thereunder, the owner of the subject land, and any lessee thereof, shall be strictly liable for any violation of such restriction, limitation or the provisions of sections 22a-133n to 22a-133q, inclusive, as amended by this act, and regulations adopted [thereunder] pursuant to said sections and shall be jointly and severally liable for abating such violation.
(e) Any owner of land with respect to which an environmental land use restriction or a notice of activity and use limitation applies, and any lessee of such land, who violates any provision of such restriction or limitation or violates the provisions of sections 22a-133n to 22a-133q, inclusive, as amended by this act, and regulations adopted [thereunder] pursuant to said sections shall be assessed a civil penalty under section 22a-438. The penalty provided in this subsection shall be in addition to any injunctive or other equitable relief.
Sec. 6. Section 22a-133q of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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, as amended by this act. 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.
Sec. 7. Section 22a-133r of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
In the event that a court of competent jurisdiction finds for any reason that an environmental land 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.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2013 |
New section |
Sec. 2 |
July 1, 2015 |
22a-6u(b) to (g) |
Sec. 3 |
October 1, 2013 |
22a-6u(k) to (m) |
Sec. 4 |
October 1, 2013 |
22a-133o |
Sec. 5 |
October 1, 2013 |
22a-133p |
Sec. 6 |
October 1, 2013 |
22a-133q |
Sec. 7 |
October 1, 2013 |
22a-133r |
ENV |
Joint Favorable Subst. |
|
JUD |
Joint Favorable |