LEP Verification Audit Program
An Environmental Program Fact Sheet
Program OverviewThe Verification Audit Program is an evaluation process in which DEEP reviews verifications rendered by licensed environmental professionals (LEPs) to confirm that investigations have been conducted in accordance with prevailing standards and guidelines and that remediation has been completed in accordance with the Remediation Standard Regulations (RSRs).
Authorizing Statute: Section 22a-133v(g) of the Connecticut General Statutes (CGS)
VerificationA verification is any written opinion the LEP is authorized by law to render pursuant to Sections 22a-133o, 22a-133x, 22a-133y, 22a-134a, and 32-769 of the CGS; Sections 22a-133k-1 through 22a-133k-3, inclusive, and 22a-133q of the RCSA; or any other law, regulation, order, permit, license or approval. It includes both the Verification Form and any Verification Report or Final Remedial Action Report included with the form as supporting documentation.
After a verification is received it will be subject to one or more screening/review processes:
- Administrative Screening (all verifications)
- Technical Screening (select verifications)
- Audit (based on technical screening)
DEEP screens all verifications that are submitted to ensure the verification is complete and supported with all required documentation. If the verification is determined to be incomplete, the verification will be administratively rejected.
Administrative Rejection [Stamped copy of Verification Form]: Applicable parties are emailed the following administrative rejection package:
- The first and last page of the Verification Form with the first page stamped “Rejected, Verification Incomplete,” and initialed and dated by the Assistant Director of the Remediation Division: Example of Rejected Verification
- A checklist identifying the reasons the Verification was incomplete: Administrative Rejection Checklist
- An informational factsheet: Administrative Rejection Fact Sheet
Additional information regarding incomplete verifications, including historical rejection frequency, can be found at Administrative Rejection of Incomplete Verifications
If the verification is determined to be administratively complete, various levels of technical screening may be performed for technical merit and RSR application. If such screening finds that the verification is technically complete, the verification may be accepted, which completes the verification process. If technical concerns are identified during this screening process, the verification may be recommended for an audit. DEEP selects verifications for audit based on:
incomplete documentation of the work performed by the LEP,
data gaps that appear to be significant in the investigation and/or remediation of the subject property,
apparent misapplication of RSR provisions,
the verification history of the LEP,
the environmental history of the property,
random for quality control, and
the discretion of the Commissioner.
Conclusion of Audit
- If the rejected verification was submitted pursuant to a Form III as defined in CGS Section 22a-134, the Certifying Party will be required to submit a revised schedule to complete investigation and/or remediation of the establishment and to submit a verification of compliance with the RSRs.
- If the rejected verification supported the filing of a Form I, Form II, or Form IV as defined in CGS 22a-134, said filing is considered invalid and the Certifying Party must re-file a Form III, Environmental Condition Assessment Form, and filing fee.
the verification was obtained through the submittal of inaccurate, erroneous, or otherwise misleading information or misrepresentations substantive to the verification;
post-verification monitoring or operations and maintenance required as part of a verification has not been conducted;
the verification relies upon an environmental land use restriction (ELUR) that was not properly recorded on the land records;
there has been a violation of CGS sections 22a-134 to 22a-134e; and/or
the remediation may have failed to prevent a substantial threat to public health or the environment.
Audit Timelines Under Other Programs
BUREAU OF WATER PROTECTION AND LAND REUSE
DEPARTMENT OF ENERGY & ENVIRONMENTAL PROTECTION
79 ELM STREET, SECOND FLOOR
HARTFORD, CT 06106-5127
This overview is designed to answer general questions and provide basic information. You should refer to the appropriate statutes for the specific language. It is your responsibility to comply with all applicable laws. The information contained in this fact sheet is intended only to acquaint you with the verification audit program and does not constitute the Department’s interpretation of the applicable laws.
Content Last Updated May 19, 2021