Public Notice RequirementsTo simplify and standardize public notice requirements for remediation and environmental use restrictions (EURs), they have been consolidated in section 22a-133-k-1(d)(1) of the Remediation Standard Regulations (RSRs), which satisfies public notice requirements in sections 22a-133x, 22a-133y, 22a-134a, or 32-769 of the Connecticut General Statutes (CGS).
Unless remedial actions were undertaken in response to an emergency or during other unplanned time critical remedial actions, public notice is required after a release has been investigated and prior to commencing remedial action. Public notice documentation is required to be attached to LEP Verifications to demonstrate that this step has been completed.
Public notice must occur more than 30 days before remediation is scheduled to begin and remediation must be substantially initiated within three years of the notice, or additional public notice is required. Additional public notice must be conducted if there has been a substantial change to the remedial action previously noticed , including use of any variance for environmentally isolated soil, inaccessible soil, engineered controls, or technical impracticability, for which public notice was not previously provided.
Contents of Public Notice (except for a sign) include:
- the name and address of property owner and the person responsible for remediation
- the address of the property or a description of the location of the parcel relative to the nearest intersection of named streets if no address is available
- the remediation identification number (Rem# or RemID) assigned by DEEP
- a brief description of the nature of the release and the substances being remediated
- an email, mailing address, and telephone number of the person to contact with comments and who can provide additional information about the proposed remediation
- a statement that public comments may be emailed or mailed thirty (30) days after publication of the notice
- a brief description of the proposed remediation or a website where such information may be obtained, including
- use of any variance, engineered control, or EUR under the RSRs; and
- the approximate schedule to initiate and complete remediation, including any milestones or interim steps
Public Notice must be provided:
- the chief municipal official, and the Director of Health of the municipality where remediation will occur, and to DEEP (when required to be attached to a particular form, such as a verification)
- by publication in a newspaper having general circulation in the municipality where the remediation will occur
- and either:
- by mailing a copy of the notice to the owner of each property that abuts the property to be remediated
- by erecting and maintaining a sign for at least 30 days on the property to be remediated. The sign must:
- be at least six feet by four feet
- be clearly visible from the public road
- include the words “ENVIRONMENTAL CLEAN UP IN PROGRESS. FOR FURTHER INFORMATION CONTACT:” and the telephone number and email address of the person who can provide additional information about the proposed remediation.
Comments in Response to Public Notice
The public comment period on the proposed remediation closes 30 days after publication of the notice in the newspaper. If no comments are received, remediation may begin.
If comments are received during the 30-day comment period, a summary of the comments and proposed responses must be submitted to DEEP. Based on the comments, DEEP may:
- Direct the person responsible for remediation to mail or email the written summary and response document to each person who submitted comments within 30 days.
- Direct the person responsible for remediation to revise the written summary and response document and mail or email those revised documents to each person who submitted comments within 30 days.
- Determine there is substantial public interest in the proposed remediation and direct the person responsible for the remediation to hold a public meeting regarding the proposed remediation.
- Notice of the meeting shall be published in a newspaper of substantial circulation in the area of the proposed remediation at least thirty (30) days prior to such meeting.
- At the meeting, all interested persons shall have reasonable opportunity to submit data, views, or arguments orally or in writing. That meeting shall not be conducted as, nor shall be considered, a contested case as defined in section 4-166 of the CGS.
- Determine the proposed remediation is premature, inadequate, or deficient and indicate additional measures to be taken, including but not limited to, additional investigation or different remediation.
- Within 30 days after the public meeting, the person responsible for remediation shall provide a written summary of and response to any comments received during the meeting to DEEP, and DEEP may then take any of the actions listed above.
Content last updated June 24, 2022