Connecticut Department of Energy & Environmental Protection

Licensed Environmental Professional Verifications and Audits

Pursuant to Section 22a-133v(g) of the Connecticut General Statutes (CGS), DEEP may review verifications rendered by LEPs to confirm that investigations have been conducted in accordance with prevailing standards and guidelines and that remediation has been completed in accordance with the Release-Based Cleanup Regulations (RBCRs).

Sites entered into the Voluntary Parcel-Wide Cleanup Program (CGS 22a-133y) may use either the sitewide LEP verifications or individual release remediation closure reports

Property Transfer, Brownfields, RCRA, 22a-133x, and 22a-133y Verification Review Procedures

After a verification is received it will be subject to one or more screening/review processes:

Administrative Screening

DEEP screens each verification to ensure it is complete, signed by a person with the authority to sign a verification, and supported with all required documentation. If it is found to be incomplete, it will be administratively rejected and the LEP and the person who signed the verification are emailed a link to the Administrative Rejection Fact Sheet and the following:

  • The first page and signature page of the Verification Form with the first page stamped “Rejected, Verification Incomplete,” and initialed and dated by DEEP. Example of Rejected Verification
  • An Administrative Rejection Checklist identifying the reason(s) the Verification was incomplete
  • Important: A new, complete verification package will need to be submitted after an administrative rejection. Please indicate the submittal is a revision of a previous version in REACT (checkbox in Release Remediation Closure Report questions).

Technical Screening

Administratively complete verifications receive various levels of technical screening to evaluate the conceptual site model and RBCR application. At the conclusion of the technical review, the LEP and the person who signed the verification are emailed one the following:

  • No Audit [Stamped copy of Verification Form]: The first page and signature page of the Verification Form are emailed with the first page stamped “No Audit” and initialed and dated by DEEP. This means that DEEP does not intend to audit the verification and the verification stands on its own merit. This is provided for all verifications that reach this determination under these programs – there is no need to request a No Audit letter in REACT for verification under Property Transfer, Brownfields, RCRA, 22a-133x and 22a-133y (for sitewide verifications).
  • Notice of Audit (NOA): Sent when DEEP determines an audit of the verification is warranted. The apparent issue(s) requiring additional clarification are identified in the NOA or in subsequent correspondence.
  • Letter of Rejection: Sent when DEEP determines the documentation presented to support the verification clearly indicate that compliance with the RBCRs has not been achieved or demonstrated and details the reason(s) for rejection and the continued legal obligations of the Certifying Party, Eligible Party, or property owner, as applicable.

Audit Procedures

The LEP may be offered an opportunity to submit additional information supporting the verification and/or an audit meeting may be convened to discuss the issues identified by DEEP and to provide an opportunity for the LEP to support their rationale for the verification. DEEP will consider all information presented by the LEP in support of their verification.

Some audits may focus on specific issues, such as the appropriateness of a specific LEP decision or the application of specific provisions of the RBCRs. Other audits will entail a full technical review of the investigation and remediation of the subject area and the appropriateness of the LEP’s application of the RBCRs. DEEP will notify the LEP and the person who signed the verification of the final determination of the adequacy of the verification and close the audit with one of the following Audit Findings documents:.

Audited & Accepted [Stamped copy of Verification Form]: When DEEP determines the verification has been validated during the audit, the first page of the verification form will be stamped "Audited and Accepted" and initialed and dated by DEEP. The first and signature page of the Verification Form will be emailed to the LEP and the person who signed the verification.  The audit is closed and no further actions regarding the verification and audit are needed.

Rejected:  When DEEP determines the verification is insufficient, a rejection is sent to the the LEP and the person who signed the verification.  The Audit Findings letter itemizes the outstanding deficiencies of the verification and details the resultant legal obligations related to the investigation and remediation of the verified subject area.  The audit is closed.

If the rejected verification was submitted pursuant to a Form III, the Certifying Party will be required to submit a revised schedule to complete investigation and/or remediation of the establishment and to submit a verification of compliance with the RBCRs.

If, at the conclusion of the audit, the outstanding issues regarding the verification meet the criteria for referral established by the State Board of Examiners of Environmental Professionals and/or indicate potential violations of the LEP regulations, DEEP may refer the LEP to the Board for an investigation.

Audit Timeline

22a-134a - For final Property Transfer verifications DEEP shall not begin an audit more than one year after receipt of a final verification.  DEEP shall complete an audit of a final verification of an entire establishment within 3 years of receipt of that verification unless certain exceptions listed in the statute are met.  Generally, these exceptions are if DEEP has reason to believe: 

  • the verification was obtained through the submittal of inaccurate, erroneous, or otherwise misleading information or misrepresentations substantive to the verification
  • post-verification monitoring or operations and maintenance required as part of a verification has not been conducted
  • the verification relies upon an environmental use restriction (EUR) that was not properly recorded on the land records
  • there has been a violation of CGS sections 22a-134 to 22a-134e and/or
  • the remediation may have failed to prevent a substantial threat to public health or the environment

DEEP may request additional information during an audit.  If such information is not provided within ninety days of DEEP's request (or a later deadline specified in writing), the Commissioner may either: 

  • suspend the audit, which also suspends the running of the three-year time frame for completing the audit, until DEEP receives all requested information, or
  • complete the audit based upon the information provided in the verification before the request for additional information.

CGS 32-768 and CGS 32-769 - For verifications submitted pursuant to the Abandoned Brownfield Cleanup Program or the Brownfield Remediation and Revitalization Program, a verification is deemed approved unless a Notice of Audit is sent within 60 days of receipt. The audit must be conducted within 6 months of that notice. If additional information is requested, it must be submitted within 14 days of the request or the audit may be suspended. If the requested information is not submitted within 60 days of the request, the audit may be conducted without the requested information.  ABC and BRRP verifications are subject to the same exceptions referenced under CGS 22a-134a.

CGS 22a-133x and 22a-133y - There are no audit deadlines for verifications submitted pursuant to CGS Sections 22a-133x and 22a-133y.

Release-Based Cleanup Regulation Verification Audit Process

Any release record verified by an LEP may be audited. Release records include Immediate Action Reports, Tier assignments (including Tier Characterization Reports), and Release Remediation Closure Reports. The types of audits that may be conducted for release records under the RBCRs are:

Screening Audit

  • Administrative Review of one release record
  • No notice of audit
  • Must be complete within 180 days of record receipt

Outcomes

  • Accepted – no notification of record review
  • Rejected – audit findings letter identifying reason(s) for rejection sent to LEP and Creator/Maintainer. DEEP may set schedule for new submittals. No fee refunds.
  • Initiate a focused or full audit

Focused Audit

  • Review of one release record
  • Notice of audit to LEP and Creator/Maintainer identifying reason(s) for the audit
  • Initiate audit within 180 days and complete with 18 months
  • DEEP may request additional information regarding the release
  • May include an audit meeting

Outcomes

  • Accepted – notification sent to LEP and Creator/Maintainer
  • Rejected - audit findings letter identifying reason(s) for rejection sent to LEP and Creator/Maintainer. DEEP may set schedule for new submittals. No fee refunds.
  • Initiate a full audit

Full Audit

  • Initiated after submittal of a Release Remediation Closure Report
  • Notice of audit to LEP and Creator/Maintainer including reason(s) for the audit
  • DEEP may request additional information regarding the release
  • May review multiple release records
  • May include an audit meeting
  • Initiate audit within 180 days and complete audit within 2 years

Outcomes

  • Acceptance of Release Remediation Closure Report – notification sent to LEP and Creator/Maintainer
  • Rejection of one or more release records associated with the release - audit findings letter identifying reason(s) for rejection sent to LEP and Creator/Maintainer. DEEP may set schedule for new submittals. No fee refunds.

No Further Audit Letter Requests

  • May be requested when submitting a Release Remediation Closure Report
  • Nonrefundable $500 fee
  • Request and fee submitted in REACT
  • No Further Audit issued after determining that a focused or full audit is not necessary
  • Goal for issuing no audit/audit determination ≤90 days
  • For single-family homes with a signed purchase or sale agreement only:
    • DEEP determines whether to audit within 3 days
    • If audit is conducted, issue audit outcome within 14 days

Contact Information

DEEP.Verifications@ct.gov

LEP Program

 

Content Last Updated June 12, 2026