BRRP Schedule, Requirements and Milestones
This summary provides an overview of the program's schedule, requirements, and milestones. The Applicant is responsible for ensuring compliance with the specific statutory provisions.
- Take title to the property within two (2) years (unless an extension is requested);
- Once the property is purchased, the owner sends a copy of the deed to DEEP/DECD.
- Within 180 days from purchase of the property (or issue of approval letter, whichever is later) – first fee installment shall be paid
- All approved entities are required to investigate and remediate pollution within property boundaries by a licensed environmental professional (LEP).They are not required to characterize, abate and remediate pollution they are not responsible for beyond the boundaries of the eligible property.
- Within 360 days from purchase of the property (or issue of approval letter, whichever is later) – owner submits a brownfield investigation plan and remediation schedule to DEEP and DECD to establish a timeframe for the remediation.This schedule will include a schedule/plan for providing public notice before initiating remediation.
- Within 2 years from first fee installment due date – owner shall submit completion of investigation report to DEEP
- Within 3 years from first fee installment due date –the remediation shall be initiated, and the remedial action plan shall be submitted to DEEP.The transmittal form will include communication about the intended Public Notice* (see below)
- Within 4 years from being accepted into the program – Payment of second (final) installment of fees.
- Within 8 years from first fee installment due date – remediation shall be completed sufficiently to support either a verification or interim verification of the property.
- All records related to implementation of the remediation plan and schedule and completion of the remedial action should be maintained for a period of not less than ten years and should be available to the DECD and DEEP upon request.
Schedule Extensions:
Non-compliance with the requirement to achieve the milestones or failure to show progress could lead to DECD revoking the BRRP approval in consultation with DEEP.
- Schedule extensions may be granted (upon request) based on applicant’s progress and any unavoidable delays in remediation (beyond the control of the eligible party).
- An extension request can be submitted to DEEP prior to the due date(s).No extensions will be granted if DEEP has not been notified of the request prior to the passing of such due dates.
- Please submit schedule extension requests to DEEP.brownfields@ct.gov and copy DECD.LiabilityReliefProgram@ct.gov.
Public Notice Requirements*
Before initiating remediation, the entity must publish notice in a newspaper having substantial circulation in the municipality where the cleanup is located and notify the relevant local director of health and either erect and maintain a legible sign** of specified size for at least 30 days; or mail a notice to all the abutting property owners. The public comment period extends for thirty days.
The BRRP applicant must provide copies of any comments received and the corresponding responses to DEEP: before beginning remediation.
Project Sign**: A project sign, not less than six by four feet should be erected on the property at a location clearly visible from the public highway. The sign should include the words- “ENVIRONMENTAL CLEAN-UP IN PROGRESS AT THIS SITE. FOR FURTHER INFORMATION, CONTACT: (telephone number of a contact who can answer questions about the remedial action)”
Verification and Interim Verification
A verification or an interim verification can be submitted as long as the eligible applicant is in compliance with the approved remediation plan and schedule, and a plan to complete the remediation of the remainder of the property in accordance with the remediation schedule is demonstrated. If an interim verification is submitted, care should be taken to operate and maintain long-term groundwater remedy, prevent exposure to and reasonably contain any affected groundwater plumes.
Other Requirements
DECD and DEEP shall be provided all major milestone reports and deliverables. DECD shall also be notified of all requests for engineered controls, ELURs, variances etc. submitted to DEEP.
The Applicant will also be required to:
- Respond to any releases requiring action pursuant to the PCB or Underground Storage Tank (UST) regulations;
- Respond to any new contamination issues caused by the Applicant’s own actions;
- Provide DECD and DEEP all major reports and documentation to demonstrate compliance with the Program; and
- Notify DECD of all requests for engineered controls, EURs, variances etc. submitted to DEEP.
Other Requests
For requests for deadline extensions to acquire title, fee reductions, or requests to transfer status to a new property owner, please send requests to decd.liabilityreliefprogram@ct.gov.
Requests for extension to obtain title should be submitted 60 days prior to expiry of the approval letter (two years from 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 as a Transferee to determine eligibility. The new party will need to assume any pending program responsibilities including obtaining site verification and closure (if not already obtained). Please see the fees section for transferee fees. The new person/entity if approved, will be offered the same liability protections and benefits of the program.