(a) Report Required; Discovery By a Creator or Maintainer Upon discovery of an existing release, a report of such release shall be provided to the commissioner by a person who created or is maintaining such release within the applicable time period specified in subdivision (1) or (2) of this subsection. Any report required by this subsection shall contain the information and be made in the manner specified by subsection (b) of this section. A person who discovers a significant existing release, but who did not create and is not maintaining such release, shall take the steps required by subsection (c) of this section to ensure that such release is reported as required.
- (1) Significant Existing Releases A significant existing release shall be reported not more than 72 hours after the discovery of such release, except that a significant existing release of NAPL or a substance for which a numeric groundwater protection criteria is specified in section 22a-134tt-App4 impacting a public or private drinking water supply well shall be reported not more than 24 hours after such impact is identified.
(2) Other Reportable Existing Releases (A) An existing release shall be reported, pursuant to the requirements of subsection (b) of this section, not more than 120 days after discovery if:
- (i) there is one or more numeric cleanup criteria for each substance released in the cleanup standards sections of the RBCRs, and the results of laboratory analysis indicate that a substance is present in soil or groundwater at a concentration greater than 2 times the applicable numeric cleanup standard; provided that, if oil or petroleum, or constituent components of oil or petroleum, are detected at concentrations that exceed the reportable concentrations in soil, such release shall only be reported if the contiguous volume of soil containing such release is characterized pursuant to section 22a-134tt-4 of the RBCRs and determined to be equal to or greater than 2 cubic yards;
- (ii) such release is identified by the presence of subsurface NAPL in a groundwater monitoring well, excavation, or subsurface structure, and the measured thickness of such NAPL is equal to or greater than one-eight inch; or(iii) the release is of a substance for which no numeric cleanup standard is specified, but the concentration is greater than 2 times an additional polluting substances criteria for such substance calculated pursuant to the cleanup standards sections of the RBCRs, or no additional polluting substances criteria can be calculated.
- (B) Notwithstanding the requirements of subparagraph (A) of this subdivision, a release shall not be reported if, not more than 120 days after discovery, it has been remediated to the standards in the cleanup standards sections of the RBCRs and a release remediation closure report has been verified by an LEP pursuant to section 22a-134tt-12 of the RBCRs.
- (C) An existing release shall be reported, pursuant to the requirements of subsection (b) of this section, not more than 365 days after discovery if there is one or more numeric cleanup standards, or an additional polluting substances criteria can be calculated, for each substance released and the results of laboratory analysis indicate that such substance is present in soil or groundwater at a concentration less than twice the applicable numeric cleanup standard or calculated additional polluting substances criteria, except that a release shall not be reported if, not more than 365 days after discovery, such release has been remediated to the standards in the cleanup standards sections of the RBCRs and a release remediation closure report has been verified by an LEP pursuant to section 22a-134tt-12 of the RBCRs.
- (b) Report contents and process (1) Contents of Report (A) Any report required by this section shall contain the following information regarding a discovered release:
(i) The time and date that, pursuant to section 22a-134tt-2 of the RBCRs, the release was discovered;
- (ii) The precise longitude and latitude, in degrees, minutes, and seconds, where the release is located such that it can be found using a global positioning system device;
- (iii) The street address of the parcel on or under which the release is located, the town and zip code in which such parcel is located, the map, block and lot number of such parcel, if known, and any significant landmarks on such parcel to help more closely identify the precise location of the release. If the parcel on or under which the release is located does not have an address, or the address is unknown, the address of a nearby parcel may be provided along with sufficient directions or landmarks to locate the release;
- (iv) The name, mailing address, telephone number, and electronic mail address of the person providing the report and the person who created or is maintaining the release at whose direction the report has been provided;
- (v) A statement identifying whether the person providing the report is the creator or maintainer of the release or, if the person is not the creator or maintainer of the release, a description of such person’s relationship to the creator or maintainer;
- (vi) The name, business address, telephone number, and electronic mail address of any LEP or PEP who has knowledge of the discovered release;
- (vii) If the person providing the report is not the owner of the parcel on or under which the release is located, the name of the owner of the parcel on or under which the release is located, and the telephone number and mailing address for such owner, if such information is known;
- (viii) A brief description of the current use of the parcel on which the release was discovered;
- (ix) Known or suspected sensitive receptors within 500 feet of the release, including, but not limited to, private drinking water wells, public water supply wells or reservoirs, surface water bodies, schools and day care centers;
- (x) The substance or substances released, and if known, the quantity or concentration of such substances;
- (xi) A description of the nature and extent of the release, to the extent known, including whether such release has impacted soils, groundwater or surface water; and(xii) The results of any laboratory analysis identifying each substance present at greater than applicable numeric cleanup standard or a cleanup standard calculated pursuant to section 22a-134tt-APP8 of the RBCRs at the time such report is submitted.
- (B) If the release required to be reported is a significant existing release, and not all information required by subparagraph (A) of this subdivision is available at the time a report is required to be provided:
(i) Any person required to report such a release shall report all known information about such release required to be reported by subdivision (1) of this subsection in the timeframe specified by subsection (a) of this section; and(ii) Not later than 7 days after an incomplete report is provided pursuant to clause (i) of this subparagraph, a complete report, containing all the information specified in subparagraph (A) of this subdivision, shall be provided.
- (C) Form and Process for Providing a Report (i) The commissioner shall specify, by posting on the department’s internet website, the form and process by which each type of report required by subparagraph (B) of subdivision (1) of this subsection and containing the information specified in such subparagraph, shall be provided. The form and process specified may include, but shall not be limited to, one or more of the following:
(I) a telephone call to the department’s emergency dispatch center;
- (II) a written report provided by mail;
- (III) a written report provided by electronic mail to a designated electronic mail address; or(IV) a written report provided to a file transfer site or electronic filing system maintained by the department.
- (ii) If the process for submitting a report specified by the commissioner pursuant to this subparagraph requires the report be provided in writing, such report shall be provided on a form prescribed by the commissioner.
- (2) Reports submitted in error If the person who submitted a report subsequently determines that such report was submitted in error, such person may request that the report be amended or retracted. Such request shall be made using a form prescribed by the commissioner, and shall include the date the report was submitted and a description of the error. The commissioner may request, in writing, any additional information necessary to determine if the report was submitted in error. If the commissioner determines the report was made in error, the report shall be amended or retracted as requested.
(c) Reports of Significant Existing Releases When the Person Who Discovers Such Release Did Not Create and Is Not Maintaining the Release (1) The timeframe for providing a report specified in subsection (a) of this section shall begin upon discovery of significant existing release by a person who did not create and is not maintaining such release, pursuant to section 22a-134tt-2(b) of the RBCRs.
(2) If:
- (A) The significant existing release is not known to be impacting a public or private drinking water supply well and the person who discovers a significant existing release has access to the geographic area of the release because:
(i) such person is an employee, contractor, agent, representative, or otherwise has access to the geographic area of the release at the specific direction or with the direct consent of a person who created or is maintaining a release, the person who discovers such a release shall, not later than one business day after discovering the release, notify the person who created or is maintaining the release of its discovery and provide all available relevant information regarding the release to such person; or(ii) such person is an employee, contractor, agent, representative, or otherwise has access to the geographic area of the release at the direction of a person other than a person who created or is maintaining such a release, the person who discovered the release shall, not later than one business day after discovering the release, notify the person on whose behalf the geographic area of the release was accessed of the discovery and provide all available relevant information regarding the release to such person. Any person receiving such a notification shall contact a person who created or is maintaining the release and provide all available relevant information regarding the release to such person not later than one business day after receiving the notification.
- (B) The significant existing release is known to be impacting a public or private drinking water supply well and the person who identifies such impact from the significant existing release has access to the geographic area of the release because:
(i) such person is an employee, contractor, agent, representative, or otherwise has access to the geographic area of the release at the specific direction or with the direct consent of a person who created or is maintaining a release, the person who discovers such a release shall, not later than 6 hours after discovering the release, notify the person who created or is maintaining the release of its discovery and provide all available relevant information regarding the release to such person; or(ii) such person is hired, retained, designated or authorized, or otherwise has access to the geographic area of the release at the direction of a person other than a person who created or is maintaining such a release, the person who discovered the release shall, not later than one business day after discovering the release, notify the person on whose behalf the geographic area of the release was accessed of the discovery and provide all available relevant information regarding the release to such person. Any person receiving such a notification shall contact a person who created or is maintaining the release and provide all available relevant information regarding the release to such person not later than 6 hours after receiving the notification.
- (3) A person who created or is maintaining a significant existing release, upon receipt of notification made pursuant to this subsection, shall report such release to the commissioner within the time specified by subsection (a)(1) of this section that contains the information required by, and is in the form and uses the process specified by, subsection (b) of this section. The person reporting such a release shall confirm to the person who notified them and the person who discovered such a release, that a timely report of the release has been provided to the commissioner.
(4) If the person who discovered a significant existing release and the person who notified the person who created or is maintaining such a release have not received confirmation that such a timely report of such release has been provided to the commissioner pursuant to subdivision (2)(B) of this subsection, and the time period for reporting such release has expired, such persons shall notify the commissioner that:
- (A) a significant existing release was discovered;
- (B) the time, date and location of discovery;
- (C) the nature of the discovered release;
- (D) that a person who created or is maintaining such a release was notified within the time specified by this subsection; and(E) the name and contact information for such person. The commissioner shall specify, by posting on the department’s internet website, the form and process by which such notification shall be made, which shall include, but may not be limited to notification by telephone call to the department’s emergency dispatch center.
(5) Persons Not Subject To Requirement To Notify Notwithstanding the requirements of this subsection:
- (A) If a significant existing release created or maintained by an attorney’s client is discovered by such attorney, that attorney’s only obligation shall be to inform the attorney’s client of the obligation to report such release in a timely manner; and(B) If a significant existing release is discovered by a person who has access to the geographic area of the release pursuant to section 22a-133dd of the Connecticut General Statutes, such person shall not be required to take any action pursuant to this subsection.
(d) Reports of Existing Releases Discovered on Transfer Act Sites (1) If an existing release is discovered on any parcel required to be investigated and remediated pursuant to sections 22a-134 to 22a-134e, inclusive, and sections 22a-134h and 22a-134i of the Connecticut General Statutes and, pursuant to section 22a-134rr of the Connecticut General Statutes, such release is subject to the requirements of sections 22a-134qq to 22a-134xx, inclusive, of the Connecticut General Statutes, a report of such release shall be provided to the commissioner pursuant to the requirements of this section.
(2) If remediation of the parcel pursuant to the requirements of sections 22a-134 to 22a-134e, inclusive, and sections 22a-134h and 22a-134i of the Connecticut General Statutes, is ongoing and a Form I, Form II, Form III verification or Form IV verification has not yet been submitted, and the discovered release is not a release requiring immediate action, in addition to complying with the requirements of subsection (b) of this section, any report filed pursuant to subdivision (1) of this subsection shall specify whether:
- (A) the release will be remediated pursuant to the process and to the standards specified in the RBCRs; or(B) the release will be remediated pursuant to the requirements of, and to the standards specified by sections 22a-134 to 22a-134e, inclusive, and sections 22a-134h and 22a-134i of the Connecticut General Statutes, and a Form III verification or Form IV verification for the parcel which includes such release will be provided pursuant to the requirements of sections 22a-134 to 22a-134e, inclusive, and sections 22a-134h and 22a-134i of the Connecticut General Statutes not later than the deadline for verification of the parcel specified in section 22a-134a(g)(c) of the Connecticut General Statutes, without extension of such deadline.