LCO 1 of 7
General Assembly Substitute Bill No. 7085
January Session, 2025
AN ACT CONCERNING A REVIEW OF THE RELEASE -BASED
CLEANUP PROGRAM AND RELATED REGULATIONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-134tt of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) The commissioner shall adopt, amend or repeal regulations, in 3
accordance with the provisions of chapter 54, as are necessary and 4
proper to carry out the purposes of sections 22a-134pp to 22a-134xx, 5
inclusive. 6
(b) (1) The commissioner, or his or her designee, shall co-chair and 7
convene, in conjunction with the Commissioner of Economic and 8
Community Development, or his or her designee, a working group in 9
the department for the purpose of providing advice and feedback for 10
regulations to be adopted by the commissioner in accordance with the 11
provisions of this section and, after the adoption of such regulations, to 12
evaluate the implementation and efficacy of the release-based cleanup 13
program. The Commissioner of Economic and Community 14
Development, or his or her designee, shall serve as co-chair of such 15
working group. The membership of the working group shall include: 16
[(1)] (A) The chairpersons and ranking members of the joint standing 17
committees of the General Assembly having cognizance of matters 18 Substitute Bill No. 7085
LCO 2 of 7
relating to the environment and commerce; [(2)] (B) environmental 19
transaction attorneys; [(3)] (C) commercial real estate brokers; [(4)] (D) 20
licensed environmental professionals; [(5)] (E) representatives from the 21
Connecticut Manufacturers' Collaborative; [(6)] (F) representatives of 22
environmental advocacy groups; [(7)] (G) representatives of the 23
Environmental Professionals Organization of Connecticut; [(8)] (H) 24
municipal representatives; [(9)] (I) representatives from the brownfields 25
working group established pursuant to section 32-770; [(10)] (J) 26
representatives of the Connecticut Conference of Municipalities and the 27
Connecticut Council of Small Towns; [(11)] (K) representatives of the 28
Council on Environmental Quality; and [(12)] (L) any other interested 29
members of the public designated by the commissioner. 30
(2) The commissioner shall convene monthly meetings of such 31
working group until such time as regulations are adopted pursuant to 32
this section. Not less than sixty days before posting notice on the 33
eRegulations System pursuant to section 4-168, the commissioner shall 34
provide a draft of such regulations to the members of the working group 35
and allow members of the working group to provide advice and 36
feedback on such draft. The members of the working group shall 37
provide such advice and feedback not later than thirty days after the 38
date on which such members receive such draft. Not less than fifteen 39
days before posting such notice on the eRegulations System pursuant to 40
section 4-168, the commissioner shall convene at least one monthly 41
meeting of the working group after providing a draft of such 42
regulations. The commissioner shall provide a revised draft for review 43
by such members prior to posting notice on the eRegulations System 44
pursuant to section 4-168. 45
(3) (A) After the adoption of regulations pursuant to this section, the 46
working group shall meet at least quarterly until February 1, 2030, to (i) 47
advise the commissioner on issues related to the implementation and 48
efficacy of the release-based cleanup program, (ii) provide feedback 49
regarding the implementation and efficacy of the release-based cleanup 50
program, and (iii) review and make recommendations regarding the 51
laws and regulations relating to release-based remediation of hazardous 52 Substitute Bill No. 7085
LCO 3 of 7
waste. 53
(B) Such working group may provide an opportunity for public 54
comment or seek input from stakeholders while conducting the review 55
and developing its recommendations under this section. 56
(C) Not later than February 1, 2028, and February 1, 2030, the 57
commissioner shall submit a report on the findings and 58
recommendations of the working group regarding the release-based 59
cleanup program, in accordance with the provisions of section 11-4a, to 60
the joint standing committees of the General Assembly having 61
cognizance of matters relating to the environment and commerce. 62
(c) Such regulations shall include, but need not be limited to, 63
provisions regarding (1) reporting requirements for any releases 64
required to be reported pursuant to sections 22a-134qq to 22a-134tt, 65
inclusive, including, but not limited to, reportable quantities and 66
concentrations above which a release shall be reported in accordance 67
with said sections; (2) procedures and deadlines for remediation, 68
including public participation; (3) standards for remediation for any 69
release to the land and waters of the state, including environmental use 70
restrictions, as defined in section 22a-133o; (4) verification and 71
commissioner's audit of remediation; (5) supervision of remediation 72
based on pollutant type, concentration or volume, or based on the 73
imminence of harm to public health; and (6) any required fees. 74
(d) In any regulation adopted pursuant to subsection (a) of this 75
section, the commissioner shall specify tiers of releases based on risk, as 76
determined by the commissioner, and that, based on the tier to which 77
such release is assigned, certain releases may be remediated under the 78
supervision of a licensed environmental professional, without the 79
supervision of the commissioner, and may be remediated without being 80
verified. Tiers of releases shall be specified based on: (1) The existence, 81
source, nature and extent of a release; (2) the nature and extent of danger 82
to public health, safety, welfare and the environment, both immediate 83
and over time; (3) the magnitude and complexity of the actions 84 Substitute Bill No. 7085
LCO 4 of 7
necessary to assess, contain or remove the release; (4) the extent to which 85
the proposed remediation will not remove the release, in its entirety, 86
from the land and waters of the state but will instead leave behind 87
pollutants to be managed using a risk mitigation approach authorized 88
by regulations adopted pursuant to this section; and (5) the extent to 89
which the oversight of the commissioner is necessary to ensure 90
compliance with the provisions of sections 22a-134qq to 22a-134tt, 91
inclusive. 92
(e) (1) In any regulation adopted pursuant to subsection (a) of this 93
section, the commissioner shall specify the types of releases to be 94
reported and the timeframe for such reporting. When specifying the 95
types of releases that shall be reported and the timeframes for reporting 96
releases, the commissioner shall consider the factors specified in 97
[subdivisions (1), (2), (3) and (5)] subparagraphs (A), (B), (C) and (E) of 98
subdivision (1) of subsection (b) of this section. 99
(2) Such regulations may exempt the requirement for a report if 100
remediation can be accomplished through containment, removal or 101
mitigation of a release upon discovery and in a manner and by a 102
timeframe specified in the regulations adopted pursuant to subsection 103
(a) of this section, provided such regulations shall specify that certain 104
records be maintained by the person performing a cleanup and a 105
schedule for the retention of such records. 106
(3) Such regulations may require any such report be made in a 107
timeframe commensurate with the severity of the risk posed by such 108
release, with the shortest reporting time corresponding to releases that 109
pose an imminent or substantial threat to human health or the 110
environment, including, but not limited to, residential areas, parks and 111
schools, or releases that exist near drinking water supplies or that 112
present a higher risk to human health or the environment. Such 113
regulations shall permit a longer timeframe for a report of a release that 114
does not pose an imminent or significant threat to human health or the 115
environment. 116 Substitute Bill No. 7085
LCO 5 of 7
(4) Such regulations shall provide for a process to amend or retract 117
release reports that were reported in error. 118
(5) No release required to be reported by regulations adopted 119
pursuant to section 22a-450 shall also be required to be reported by 120
regulations adopted pursuant to subsection (a) of this section. 121
(f) In establishing standards for remediation adopted pursuant to 122
subsection (a) of this section, the commissioner shall (1) consider the 123
standards for remediation set forth in regulations adopted pursuant to 124
section 22a-133k; (2) give preference to cleanup methods that are 125
permanent, if feasible; (3) provide flexibility, when appropriate, for 126
licensed environmental professionals to establish and implement risk-127
based alternative cleanup standards developed in consideration of site 128
use, exposure assumptions, geologic and hydrogeologic conditions and 129
physical and chemical properties of each substance that comprise a 130
release; (4) consider any factor the commissioner deems appropriate, 131
including, but not limited to, groundwater classification of the site; and 132
(5) provide for standards of remediation less stringent than those 133
required for residential land use for polluted properties that (A) are 134
located in areas classified as GB or GC under the standards adopted by 135
the commissioner for classification of groundwater, (B) have historically 136
been used for industrial or commercial purposes, and (C) are not subject 137
to an order issued by the commissioner regarding such release, consent 138
order or stipulated judgment regarding such release, provided an 139
environmental use restriction is executed for any such property 140
subsequent to the remedial action, in accordance with the provisions of 141
section 22a-133aa, and such regulations specify the types of industrial 142
or commercial land uses to which any such property may be put 143
subsequent to such remedial action. 144
(g) The regulations adopted pursuant to subsection (a) of this section 145
regarding audits shall: 146
(1) Authorize the commissioner to audit any verification; 147
(2) Set goals for the number of audits to be conducted. Such goals 148 Substitute Bill No. 7085
LCO 6 of 7
shall be consistent with the requirements of section 22a-134uu and shall, 149
at a minimum, set a goal of auditing twenty per cent of verifications 150
rendered for releases from at least one tier and set a goal of auditing 151
verifications rendered for releases from the other tiers at a frequency 152
that is based on the number of verifications submitted for releases in 153
each tier; 154
(3) Prioritize the auditing of higher risk releases that may jeopardize 155
human health or the environment; 156
(4) Utilize multiple levels of auditing. The levels of auditing may 157
include: 158
(A) Screening documents or forms submitted to the department; 159
(B) Conducting a thorough evaluation of the verification, including, 160
but not limited to, inspecting a property or requesting additional 161
supporting information regarding an investigation or remediation of a 162
release; and 163
(C) Auditing focused on specific issues identified in screening 164
documents or forms, conditions specific to a particular release or issues 165
that present a higher risk to human health or the environment; and 166
(5) Provide certain timeframes for commencing audits that shall be 167
no later than one year after verification and provide opportunities to 168
reopen a remediation when: (A) The commissioner has reason to believe 169
that a verification was obtained through the submittal of materially 170
inaccurate or erroneous information, or otherwise misleading 171
information material to the verification, or that misrepresentations were 172
made in connection with the submittal of the verification, (B) a 173
verification is submitted pursuant to an order of the commissioner, in 174
accordance with section 22a-134ss, (C) any post-verification monitoring, 175
or operations and maintenance, is required as part of a verification and 176
which is not completed, (D) a verification that relies upon an 177
environmental land use restriction was not recorded on the land records 178
of the municipality in which such land is located in accordance with 179 Substitute Bill No. 7085
LCO 7 of 7
section 22a-133o and applicable regulations, (E) the commissioner 180
determines that there has been a violation of the provisions of sections 181
22a-134qq to 22a-134tt, inclusive, or (F) the commissioner determines 182
that information exists indicating that the remediation may have failed 183
to prevent a substantial threat to public health or the environment. 184
(h) In adopting the regulations prescribed by this section, the 185
commissioner shall incorporate the requirements of other cleanup 186
provisions of the general statutes to assure consistency, clarity and 187
efficiency in the application of remediation requirements contained in 188
the general statutes and other applicable provisions of the regulations 189
of Connecticut state agencies by the commissioner and members of the 190
regulated community. 191
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 22a-134tt
CE Joint Favorable Subst.