Substitute Senate Bill No. 1030
Public Act No. 19-75
AN ACT CONCERNING TH E TRANSFER OF HAZARD OUS WASTE
ESTABLISHMENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (3) of section 22a-134 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(3) "Establishment" means any real property at which or any
business operation from which (A) on or after November 19, 1980,
there was generated [, except as the result of (i) remediation of
polluted soil, groundwater or sediment, or (ii) the removal or
abatement of building materials,] more than one hundred kilograms of
hazardous waste in any one month, (B) hazardous waste generated at a
different location was recycled, reclaimed, reused, stored, handled,
treated, transported or disposed of, (C) the process of dry cleaning was
conducted on or after May 1, 1967, (D) furniture stripping was
conducted on or after May 1, 1967, or (E) a vehicle body repair facility
was located on or after May 1, 1967. [;] "Establishment" does not
include any real property or any business operation from which more
than one hundred kilograms of hazardous waste was generated in any
one month solely as a result of either: Substitute Senate Bill No. 1030
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(i) The one-time generation of hazardous waste in any one month,
as a result of either the first time such waste was generated or such a
one-time generation since the last time a Form I, Form II, Form III or
Form IV was required to be submitted; or
(ii) One or more of the following:
(I) Remediation of polluted soil, groundwater or sediment;
(II) The removal or abatement of building materials or removal of
materials used for maintaining or operating a building;
(III) The removal of unused chemicals or materials as a result of the
emptying or clearing out of a building, provided such removal is
supported by facts reasonably established at the time of such removal;
or
(IV) The complete cessation of a business operation, provided the
waste is removed not later than ninety days after such cessation and
such cessation is supported by facts reasonably established at the time
of such cessation;
Sec. 2. Subdivision (3) of subsection (g) of section 22a-134a of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(3) (A) The commissioner may conduct an audit of any verification
or interim verification submitted pursuant to this section, but shall not
conduct an audit of a final verification of an entire establishment
submitted pursuant to subdivision (1) of this subsection after three
years have passed since the date of the commissioner's receipt of such
final verification unless an exception listed in subparagraph [(C)] (D)
of this subdivision applies. Upon completion of an audit, the
commissioner shall send written audit findings to the certifying party
and the licensed environmental professional who verified. The three- Substitute Senate Bill No. 1030
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year time frame for an audit of a final verification of an entire
establishment shall apply to such final verifications received by the
commissioner after October 1, 2007, and before October 1, 2019.
(B) The commissioner may conduct an audit of any verification or
interim verification submitted pursuant to this section, but shall not
commence an audit of a final verification of an entire establishment
submitted pursuant to subdivision (1) of this subsection if more than
one year has passed since the date of the commissioner's receipt of
such final verification unless an exception listed in subparagraph (D)
of this subdivision applies. If the commissioner commences an audit of
such final verification, the commissioner shall complete such audit not
later than three years after the commissioner's receipt of such final
verification subject to such audit, unless an exception listed in
subparagraph (D) of this subdivision applies. Upon completion of an
audit, the commissioner shall send written audit findings to the
certifying party and the licensed environmental professional who
verified. The one-year time frame for commencing an audit of a final
verification of an entire establishment and the three-year time frame
for completion of such an audit shall apply to any final verification
received by the commissioner on or after October 1, 2019.
[(B)] (C) The commissioner may request additional information
during an audit. If such information has not been provided to the
commissioner within ninety days of the commissioner's request for
such information or any longer time as the commissioner may
determine in writing, the commissioner may either (i) suspend the
audit, which for a final verification shall suspend the running of the
three-year audit time frame for completing the audit until such time as
the commissioner receives all the information requested, or (ii)
complete the audit based upon the information provided in the
verification before the request for additional information.
[(C)] (D) The commissioner [shall not conduct] may commence an Substitute Senate Bill No. 1030
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audit of a final verification of an entire establishment pursuant to this
subdivision after [three years from receipt of such verification
pursuant to this subdivision unless] the applicable time frame
established in subparagraph (A) or (B) of this subdivision, and need
not complete any such audit within three years, if (i) the commissioner
has reason to believe that a verification was obtained through the
submittal of materially inaccurate or erroneous information, or
otherwise misleading information material to the verification or that
misrepresentations were made in connection with the submittal of the
verification, (ii) a verification is submitted pursuant to an order of the
commissioner pursuant to subsection (j) of this section, (iii) any post-
verification monitoring, or operations and maintenance, is required as
part of a verification and which has not been done, (iv) a verification
that relies upon an environmental land use restriction was not
recorded on the land records of the municipality in which such land is
located in accordance with section 22a-133o and applicable
regulations, (v) the commissioner determines that there has been a
violation of sections 22a-134 to 22a-134e, inclusive, as amended by this
act, or (vi) the commissioner determines that information exists
indicating that the remediation may have failed to prevent a
substantial threat to public health or the environment.
Sec. 3. (Effective from passage) (a) The chairpersons of the joint
standing committees of the General Assembly having cognizance of
matters relating to commerce and the environment shall convene a
working group to examine and develop recommendations regarding
potential legislative changes to sections 22a-134 to 22a-134e, inclusive,
of the general statutes, as amended by this act.
(b) The working group shall be comprised of (1) the chairpersons of
said joint standing committees, or the chairpersons' designees, (2) the
Commissioner of Energy and Environmental Protection, or the
commissioner's designee, (3) the Commissioner of Economic and Substitute Senate Bill No. 1030
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Community Development, or the commissioner's designee, (4)
environmental transaction attorneys, (5) commercial real estate
brokers, and (6) licensed environmental professionals. The working
group may also include members of said joint standing committees.
The chairpersons of such joint standing committees shall select the
environmental transaction attorneys, commercial real estate brokers,
licensed environmental professionals and members of such joint
standing committees to participate in the working group as provided
for in this subsection.
(c) The chairpersons of the joint standing committees of the General
Assembly having cognizance of matters relating to commerce and the
environment shall select the chairperson of the working group. The
chairperson of the working group shall schedule the first meeting of
the working group, which shall be held not later than sixty days after
the effective date of this section. The working group shall meet at least
monthly thereafter, until it submits its report pursuant to subsection
(d) of this section.
(d) On or before February 1, 2020, the working group shall report, in
accordance with the provisions of section 11-4a of the general statutes,
to the joint standing committees of the General Assembly having
cognizance of matters relating to commerce and environment
regarding its findings and recommendations. The working group shall
terminate on the date that it submits such report or on February 1,
2020, whichever is later.