(a) Oil or Petroleum. Unless an exemption in section 22a-450-3 of the Regulations of Connecticut State Agencies applies, a person required to report a release, shall report the release of oil or petroleum specified in this subsection.
(1) The release of any quantity of oil or petroleum if:
- (A) The amount released is not known;
- (B) The release is to or enters any waters of the state or a wetland;
- (C) The release enters a storm sewer, sanitary sewer, combined sewer system or catch basin;
- (D) The release is from or suspected to be from an underground storage tank system, including, but not limited to, into any secondary containment system, except drips from a dispenser nozzle during use for fuel dispensing.
- (E) The release is known to contain PCBs, or for a release of the following where the PCB content is unknown: dielectric fluid or hydraulic oil in vehicle lifts or elevators; or(F) The release creates, or can reasonably be expected to create, a hazard, a fire, an explosion or threat of explosion, or poses an immediate actual or imminent potential threat to human health, public safety, or the environment.
- (2) The release of five (5) gallons or more of oil or petroleum if released within any period of twenty-four (24) hours.
- (3) The release of less than five (5) gallons of oil or petroleum unless, within two (2) hours of discovery, the release is contained and removed or otherwise properly mitigated.
(b) A Reportable Material Other than Oil or Petroleum. A person required to report a release, shall report the release of a reportable material, other than oil or petroleum, specified in this subsection.
(1) The release of any quantity of a reportable material, other than oil or petroleum, if:
- (A) The release contains a concentration of thirty (30) percent or more by weight of any Material of Special Concern listed in Appendix A, section 22a-450-6 of the Regulations of Connecticut State Agencies unless such release occurs beneath a laboratory fume hood, remains fully contained by such hood, and any fumes or vapors generated by such release are fully vented by such hood;
- (B) The amount released is not known;
- (C) The material released is not known;
- (D) A restricted use pesticide is released in a manner that does not comply with state or federal law;
- (E) A prohibited pesticide is released;
- (F) PCBs, or materials containing PCBs, including, but not limited to, caulking materials, paints, silicones, roofing materials, are released;
- (G) A halogenated solvent is released;
- (H) The release is to or enters the waters of the state or a wetland;
- (I) The release enters a storm sewer, sanitary sewer, combined sewer system or catch basin;
- (J) The release is from an underground storage tank system, including, but not limited to, into any secondary containment system;
- (K) The release contains per- or polyfluoroalkyl substances, commonly referred to as PFAS, in liquid form, and includes, but is not limited to, chemicals commonly referred to as PFOS, PFOA, PFNA, PFHpA, and PFHxS; or(L) The release creates, or can reasonably be expected to create, a hazard, a fire, an explosion or threat of explosion, or poses an immediate actual or imminent potential threat to human health, public safety, or the environment.
(2) Unless an exemption in section 22a-450-3 of the Regulations of Connecticut State Agencies applies:
- (A) The release of either ten (10) pounds or more or one-and-a-half (1.5) gallons or more, of a reportable material other than oil or petroleum, if released within any period of twenty-four (24) hours; or(B) The release of either less than ten (10) pounds or less than one-and-a-half (1.5) gallons of a reportable material other than oil or petroleum unless, within two (2) hours of discovery, properly trained personnel have either contained and removed or otherwise properly mitigated the release.
- (c) Imminent Releases and Other Releases Required to be Reported. Regardless of whether an exemption in section 22a-450-3 of the Regulations of Connecticut State Agencies applies, a person required to report a release shall report the imminent release or actual release of a reportable material if such imminent release or actual release creates, or can reasonably be expected to create, a hazard, a fire, an explosion or threat of explosion, or poses an immediate actual or imminent potential threat to human health, public safety, or the environment.
- (d) The Report. Any report under this section, submitted by a person required to report a release, shall comply with the requirements of section 22a-450-4 of the Regulations of Connecticut State Agencies.
(e) Miscellaneous Provisions.
- (1) For purposes of subsection (b)(1)(A) of this section, if there is no reasonable means of determining whether the release contains a concentration of thirty (30) percent or more by weight of any Material of Special Concern listed in Appendix A, section 22a-450-6 of the Regulations of Connecticut State Agencies, such release shall be reported to the commissioner in accordance with section 22a-450-4 of the Regulations of Connecticut State Agencies.
- (2) If subsection (a), (b), or (c) of this section applies to a release of a reportable material, the reportable quantity for such material shall be the lowest or smallest reportable quantity provided for in this section. If a reportable material is mixed with another reportable material, subsection (a), (b), or (c) of this section shall apply to each reportable material in such mixture.
(Effective March 4, 2022)