The Abandoned Brownfield Cleanup Program

Program Requirements

Once approved by DECD to be in the Program, the Applicant will be required to:

  1. Take title to the property within two (2) years (unless an extension is requested);
  2. Enter the Voluntary Remediation Program (VRP, C.G.S. Sec. 22a-133x) within 6 months of taking title to the property;
  3. Investigate and remediate pollution on the property in accordance with the CT DEEP and VRP schedule, requirements and prevailing standards;
  4. Comply with reporting of significant environmental hazard program requirements (CGS Sec. 22a-6u);
  5. Eliminate further migration of pollution from property; and
  6. Remain in and comply with the requirements of the VRP.

The Applicant will also be required to:

  • Respond to any new or exacerbated contamination issues caused by the Applicant’s own actions;
  • Provide DECD and DEEP all major reports and documentation to demonstrate compliance with the VRP Program; and
  • Notify DECD of all requests for engineered controls, EURs, variances etc. submitted to DEEP. 

    Upon obtaining verification under the VRP Program, an Applicant is eligible to apply to DEEP’s Covenant Not to Sue Program (CGS Sec. 22a-133aa) for free.  For more info, visit – DEEP’s Covenant Not to Sue webpage.

    Extension Requests:  For requests for deadline extensions to either acquire title or to enter the VRP, please send requests to decd.liabilityreliefprogram@ct.gov. 

    Requests for extension to obtain title of the property should be submitted 60 days prior to expiry of the approval letter (which is two years from the date of issue).  A copy of the original DECD approval letter should be included with the request.  Detailed justification for the request will need to be included.  DECD will scrutinize the request to ensure that the environmental conditions have not changed before making an approval/denial decision.

Program Transfers/Assumptions

Any new person/entity intending to acquire a property that is in the Program will need to submit an application  to determine eligibility.  The new party will need to assume any pending program responsibilities including obtaining site verification and closure.  The new person/entity if approved, will be offered the same liability protections and benefits of the program.