Connecticut Brownfield Remediation & Liability Relief Programs

Abandoned Brownfield Cleanup Program   
Brownfield Remediation and Revitalization Program   
Municipal Brownfield Liability Relief Program   
Targeted Brownfield Remedy   
Covenants Not to Sue    
Third Party Liability Relief
Innocent Landowners
Brownfield Land Banks
Additional Information
Funding Sources

Abandoned Brownfield Cleanup (ABC) Program

Program Highlights:

• No fee to apply, however, must enroll and remain in DEEP’s Voluntary Remediation Program (CGS Section 22a-133x [$3,250 fee])

Brownfield Remediation and Revitalization Program (BRRP)

• For bona fide prospective purchaser, innocent property owner, or contiguous landowner, who is not responsible for the pollution associated with the brownfield property and is not affiliated with a person or entity responsible for any such pollution
• Bona fide prospective purchasers must apply and be accepted prior to property acquisition
• No obligation to investigate and remediate off-site, but must eliminate off-site migration of pollution
• Must investigate and remediate pollution within site boundaries
• Provides liability relief from State and third parties
• Program includes incentives to reduce fee by remediating quickly
• No fee for municipality, but new owner must pay when acquiring from municipality
• Exempt from Property Transfer Act
• Portion verifications allowed if site investigation complete and remediation started
• Further information and application forms at the OBRD BRRP webpage
• Authorized by CGS Section 32-769

• Fee is 5% of assessed land value based on most recent grand list
• Payable in two equal installments
• BRRP Fee Payment Form
  

BRRP Presentations:

• Implementation of the New Brownfield Remediation and Revitalization Program Remediation Roundtable Presentation (February 2012) (begins on slide 72)

Municipal Brownfield Liability Relief Program (MBLR)

Program Highlights:

• Open to municipalities or development corporations that are not responsible parties
• Must apply and be accepted prior to property acquisition - Municipal Brownfield Liability Relief Application (Electronic Document Transmittal Form must be the cover page)
• Provides State and third party liability relief
• Exempt from the Property Transfer Act
• Municipal Brownfield Liability Relief Program Fact Sheet
• Not required to fully investigate or cleanup Brownfield but must be good stewards of land by:
  • complying with the requirements of the Significant Environmental Hazard Program (CGS Section 22a-6u);
  • making good faith efforts to minimize the risk to public health and the environment; and
  • submitting a plan and schedule that outlines what steps are being proposed to facilitate investigation, remediation & redevelopment.
• Authorized by  CGS Section 22a-133ii

• No fee to apply

• Municipal Brownfields Liability Relief Program Remediation Roundtable Presentation (November 2013) (begins on slide 38)

Covenants Not to Sue

A Covenant Not to Sue is an agreement between DEEP and a prospective purchaser or property owner of a polluted site that DEEP will not institute a claim against a party who has or will clean up such property.  Two types of Covenants Not to Sue are available.

Benefits for Designated Brownfield Sites

• Covenants can be approved early in the process as long as DEEP has approved a brownfield investigation plan and remediation schedule.
• The Commissioner can approve a fee payment schedule when there is an approved a brownfield investigation plan and remediation schedule.
• There is no fee for Covenants issued under CGS 22a-133bb, in connection with a remediation project conducted under section Urban Sites Program (CGS 22a-133m) or for Covenants issued to municipalities, municipal economic development agencies, or nonprofit economic development corporations formed to promote the common good, general welfare, and economic development of a municipality that is funded, either directly or through in-kind services, in part by a municipality and such corporation's officers and directors.

• Agreement that DEEP will not require remediation of previously unknown contamination that is the result of a release that predates the effective date of the Covenant and is determined to exist after the remediation is deemed complete.
• Available early in the remediation process
• Property must be remediated in accordance with Remediation Standard Regulations, and any environmental land use restriction necessary to comply with RSRs must be recorded on the land records and must remain in effect.

• Fee is 3% of property value appraised as if not contaminated,
• Free for municipalities
• Transferable for qualifying new owners without an additional fee

• Agreement with DEEP that additional remediation in the future will not be required, even if the remediation standards change after the Covenant is executed
• Not transferable to new owner

• No fee

Municipal Access Liability Relief

Highlights:

• Allows any municipality to enter a property to conduct an investigation without liability if:
  • the owner cannot be located
  • the property is encumbered by tax lien
  • a notice of eminent domain has been filed
  • the municipality finds that investigation is in the public interest to determine if the property should be redeveloped, or
  • a municipal official determines that investigation is necessary to assess potential risk to health or the environment.
• authorized under Section 22a-133dd of the CGS

Targeted Brownfield Remedy (TBR)

Highlights:

• Targeted Brownfield Remedy Remediation Roundtable Presentation (February 2012) (begins on slide 57)

Third-party Liability Relief

• Section 22a-133ee provides that a non-responsible owner is not liable for pollution that occurred or existed prior to the owner taking title, except to the state and federal government. 
• This requires a DEEP approved investigation report and remediation report (prepared by an LEP).

Innocent Landowners

Sections 22a-452d & 452e of the CGS provide that a property owner is not liable for State actions taken to contain, remove or mitigate a spill, or for certain orders to abate or remediate a spill.  An innocent landowner is:

• an owner of a property on which a release was caused by an act of God, war, or an act or omission of a third party (not associated with the owner)
• an owner obtained the property after the release occurred and is not otherwise liable for the release and
  • after performing due diligence, did not know the release occurred and had no reason to know the release occurred,
  • inherited the property or is administering an estate, or
  • is a government entity.

Brownfield Land Banks

Additional Information

DEEP's Role in Brownfields Redevelopment - How Can We Help You? (August 2014) (begins on slide 74)

• PREPARED Municipal Workbook - virtual guide for Brownfields redevelopment.
• Siting Clean Energy on Brownfields - links to information on financing and incentives, guidance, potential locations, and liability limitations for both clean energy projects and brownfield reuse.
• Guidance for Conducting Green Remediation in Connecticut

Content Last Updated September 17, 2024