Remedial Action Plan 

Prior to starting remedial action, the property owner must submit a Remedial Action Plan (RAP) prepared by a Licensed Environmental Professional (LEP) to the Commissioner upon entry into the VRP under CGS section 22a-133y.  The Commissioner may review and advise the owner as to the adequacy of the RAP.  DEEP will not accept a property into this program if the remediation has already started without submittal of the required RAP.

Public Notice of Remedial Action

Prior to beginning remedial action, the applicant must publish a notice of remedial action in an area newspaper, notify the municipality’s health director, and either erect and maintain a sign or mail notice of the remedial action to owners of abutting properties, as specified in CGS section 22a-133y(b).

Verification and Final Remedial Action Report

The LEP must verify that an investigation has been performed at the property in accordance with prevailing standards and guidelines, and that all actions taken to contain, remove or mitigate the release area(s) at the property have been completed in accordance with the Remediation Standard Regulations (RSRs).

The LEP shall prepare and submit a Verification Form  and Final Remedial Action Report (FRAR).  The FRAR shall be deemed approved unless the Commissioner determines within sixty 60 days of the submittal that an audit of the remedial action is necessary.  The LEP must verify that an Environmental Land Use Restriction (ELUR) is not needed to achieve compliance with the RSRs, that an ELUR has been executed and recorded, or an ELUR will be executed and recorded. 

Environmental Land Use Restriction

If an ELUR has been recorded prior to the verification, the date that the ELUR was recorded on the land records along with a copy of the Certificate of Title page must be attached to the FRAR.  This is required to ensure that all stakeholders know that the ELUR has indeed been recorded, and the specific RSR provision is, therefore, complete.

If an ELUR will be required to achieve compliance with a particular provision of the RSRs, but has not been executed and recorded prior to the verification and submittal of the FRAR, CGS Section 22a-133y(d) states in part, that “…Upon approval of such report [FRAR], the owner of the property shall execute and record an ELUR…”.  This means that the Certificate of Title of ELUR recordation must be submitted within 60 days of the Verification/FRAR submittal, unless the verification is audited, which would postpone a potential approval of the FRAR.

It is also important to provide detailed information related to any financial surety mechanisms that have been established for Commissioner-Approved engineered controls in the FRAR. 

REMEDIATION DIVISION, 2nd Floor
BUREAU OF WATER PROTECTION AND LAND REUSE
DEPARTMENT OF ENERGY & ENVIRONMENTAL PROTECTION
79 ELM STREET
HARTFORD, CT 06106-5127

(860) 424-3705