Property Transfer ProgramThe Property Transfer Law requires the disclosure of environmental conditions when certain properties and/or businesses ("establishments") are transferred. When an establishment is transferred, one of four Property Transfer Forms must be completed, signed, executed and filed with DEEP, per Sections 22a-134 through 22a-134e of the Connecticut General Statutes. The Property Transfer Law also requires that a party signing the Property Transfer Form certification agrees to investigate the parcel and remediate pollution caused by any release of a hazardous waste or hazardous substance from the establishment.
On October 2, 2020, Public Act 20-9 made additional changes to the Property Transfer Law. Transfer Act changes go into effect immediately and include:
- Adjusting the area requiring investigation and cleanup from the entire parcel to the environmental footprint of a business subject to the Act for parcels with multiple tenants.
- Limiting Transfer Act applicability for units in a common interest community to the specific establishment unit, the limited common elements and associated common area of an industrial condominium used or occupied by the establishment unit.
- Increasing the threshold for Transfer Act applicability for the transfer of interest in a business from 40% to over 50%.
PA 20-9 also authorized DEEP to convene and co-chair a working group to provide advice and feedback on Release-Based regulations for the Commissioner to adopt in lieu of the Property Transfer Act.
On October 1, 2019, Public Act 19-75 made two major changes to the Transfer Act:
- The Public Act compels DEEP’s Commissioner to make an audit or no audit decision within one year of submittal of a LEP verification; and
- The Public Act contains a new exclusion from the definition of establishment:
Prescribed Forms for Property Transfer Filings and LEP Verification
New procedures: Send the Property Transfer Fee Payment Form with the fee to DEEP, CPPU, 79 Elm St., Hartford, CT 06106-5127.
Upload the Electronic Document Transmittal Form, the Transfer of Establishment Form, ECAF, and a copy of the Property Transfer Fee Form to the Secure File Transfer (SFT) website
Forms that Must Accompany Each Transfer of Establishment:
- Transfer of Establishment - Form I (Business Only)
- Transfer of Establishment - Form I (Real Estate)
- Transfer of Establishment - Form II (Business Only)
- Transfer of Establishment - Form II (Real Estate)
- Transfer of Establishment - Form III (Business Only)
- Transfer of Establishment - Form III (Real Estate)
- Transfer of Establishment - Form IV (Business Only)
- Transfer of Establishment - Form IV (Real Estate)
- LEP Verification Forms (Forms I through IV for Business and Property, Voluntary Remediation, and RCRA Corrective Action)
Transmittal Forms for Property Transfer Milestones, Requests, and Notices
- Electronic Document Transmittal Form – must be the cover sheet for all submittals and replaces the RSR Approval Request Form
- Completion of Investigation Transmittal Form and Instructions
- Remedial Action Plan Transmittal Form and Instructions
- Transmittal of Documents
Remediation Division Permits
Remediation Standard Regulations
Environmental Land Use Restrictions
Engineered Control Variances
Covenant Not to Sue
SEMS (CERCLIS) "Comfort Letter" and Archive Policy
Ecological Risk Assessment
Reuse of Polluted Soils
Content Last Updated July 22, 2021