Public Notice Requirements

To simplify and standardize public notice requirements for remediation and environmental use restrictions (EURs), public notice requirements have been consolidated in section 22a-134tt-7(d) of the Release-Based Cleanup Regulations (RBCRs), which satisfy public notice requirements in sections 22a-133x, 22a-134a, or 32-769 of the Connecticut General Statutes (CGS).  Public notice documentation is required to be attached to LEP Verifications to demonstrate that this step has been completed.

Additional requirements may apply for certain properties, such as properties in a brownfield program, CERCLA sites, and RCRA facilities. DEEP will assist in coordinating and harmonizing the public notice requirements across regulatory programs.  

Sign

A sign must be erected and maintained by the creator or maintainer whenever:

  1. active remediation of an existing release is being performed or
  2. remediation of an emergent reportable release is underway when the Commissioner requires it in writing.

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.

Newspaper and letters

The creator or maintainer must provide public notice of remediation for each release assigned to a tier before the date of tier assignment by publishing in a newspaper having general circulation in the municipality and letters to the local health director and chief elected municipal official.

Contents of newspaper publication and letters include:

  • the address of the parcel or a description of the location of the parcel relative to the nearest intersection of named streets if no address is available
  • 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 days after publication of the notice
  • the DEEP Case Number (DCN#) or the remediation identification number (Rem# or RemID) assigned by DEEP
  • 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

The public comment period on the proposed remediation closes thirty days after publication of the notice in the newspaper. If no comments are received, remediation may begin.

Comments in Response to Public Notice

If comments are received during the thirty day comment period, the person responsible for remediation must submit a summary of the comments and proposed responses to DEEP.

Based on the comments and proposed responses, 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 thirty 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 thirty 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 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.
  • Within thirty 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 March 12, 2026