Department of Environmental Protection “…conserving, protecting and improving the natural resources and environment of the state…” Graham J. Stevens and Robert E. Bell Department of Environmental Protection

A dminister Regulatory Programs and Framework Establish Cleanup Criteria and Remedy Options Encourage Brownfield cleanup, responsible growth - published cleanup criteria, industrial criteria - Licensed Environmental Professionals (LEPs) - Environmental Land Use Restrictions - engineered controls DEP’s Role in Site Cleanup

Here is a Brownfield Not all are this HUGE

2006 – Connecticut has Brownfield rebirth Legislative Task Force on Brownfields Strategies Office of Brownfield Remediation and Development (OBRD) liability relief for Towns or Economic Development Agencies 2007 – Growth Continues DEP Commissioner appoints first dedicated Brownfields Coordinator Covenant Not To Sue Program, Transfer Act modified Site Characterization Guidance Document released Increased certainty under Transfer Act for audits, complete investigations 2009 – More Action – Brownfield Bill Abandoned Brownfield program More municipal certainty, comfort Connecticut Promotes Brownfield Redevelopment

Economic growth is the major CATALYST for cleanup Economic Growth vs Environmental Protection

Entered Cleanup Program 1986

Waterbury

Former Norton Paper Mill- Colchester

Entered Cleanup Program 1993 Former Fleisher Finishing Mill Street -Waterbury

Entered Cleanup Program 1996 Former Hockanum Mill- Vernon

Entered Cleanup Program 1986 Former Cooper Industries - Brooklyn

Major Categories of the Act –Floodplain Management –Transfer Act (exemptions, cost recovery & new requirements) –Municipal Liability Relief –Abandoned Brownfields Cleanup Program –Expansion of the Voluntary Program 2009 Brownfield bill (PA )

Entered Cleanup Program 1987 Former Bristol Babcock Company - Waterbury

Clarified LEP involvement in Milestone Requirements 2 yr requirement to document investigation of site is complete 3 yr requirement to document remediation of the site has been initiated (submit cleanup plan) Milestone documents must be approved in writing by LEP 2007-Transfer Act Amended

Transfer Act – complete cleanup Encourage Municipalities to take control –Reduce fear of getting stuck w/ cleanup liability Voluntary Cleanup – open it to anyone Abandoned Brownfields – progress at the worst first 2009 Brownfield Bill Themes

Municipalities - New Exemptions: exemption for certain municipal “transfers,” 22a-134(1)(B) formerly just for tax foreclosure Now enhanced to include: –Acquisition by eminent domain process –Subsequent transfer if to innocent new owner who remediates under Voluntary Cleanup law (22a-133x) Transfer Act

“Municipality” includes related entities –Economic Development Agency or entity under CGS chapter 130 or 132 –Nonprofit economic development corporation formed to promote common good of a muni funded directly or by in-kind services of a muni, –nonstock corp or LLC controlled/established by a muni, econ development agency or entity under CGS chapter 130 or Transfer Act (cont’d)

Transfers after 10/1/09 –8 year requirement –achieve Final Verification or Interim Verification New “Interim Verification” –Soil: achieve soil cleanup standards/remedies –Groundwater: if don’t achieve stds by 8 yrs, at least ensure no exposures, have GW remedy in operation, LEP approved O&M plan must be implemented Transfer Act – New Requirements

Remediation Grants from DECD: no additional liability if Muni is innocent party (32-9ee) Investigation: Municipality will not incur liability for cleanup by entering property for investigation (22a-133dd) Muni not liable to owner or 3 rd party for existing pollution muni didn’t create or negligently or recklessly exacerbate (22a-133dd) Municipal Liability Relief

2009 law, Administered by DECD, consults DEP Available for White Knight redevelopers Abandoned (since 1999) Brownfields Need significant economic benefits White Knight must cleanup on-site & stop migration off the site White Knight not responsible for off-site cleanup Abandoned Brownfield Cleanup Program

For Non-responsible parties – certainty for a completed remediation, no future surprises 22a-133aa is transferable, discretionary, has many protections, and costs 3% of property value –Brownfields: Covenants can be approved early in investigation phase! –free for municipalities; other parties can schedule payments over time! 22a-133bb: non-transferable, less protections, free Covenants Not to Sue

Innocent Land Owners will not be liable for State actions taken to contain, remove or mitigate a spill Innocent Land Owners will not be liable for any order of the Commissioner to abate or remediate a spill or discharge (which order was issued on or before August 1990) Innocent Land Owners are defined in CGS §22a-452d State Liability Relief

Third-party liability is limited for non-responsible parties that own a contaminated property and investigate and remediate such properties CGS § 22a-133ee –No owner shall be liable for any costs or damages to any person other than this state, any other state or the federal government, with respect to any pollution or source of pollution on or emanating from such owner's real property that occurred or existed prior to such owner taking title to such property Third Party Liability Relief

DEP wants to open the gates to Brownfield Redevelopment

Graham J. Stevens DEP Brownfields Coordinator/Chief of Staff Robert E. Bell Assistant Director, Remediation Division Questions?