This is the third in a series of blog posts discussing key features of Connecticut’s new release-based cleanup regulations (the “RBCRs”), R.C.S.A. § 22a-134tt-1 et seq. 

After a release has been “discovered” (see last post) the next step under the RBCRs is evaluating if and when that release must be reported.  This post, and the companion Release Report episode, discusses reporting timelines for different types of releases, in decreasing order of seriousness.

Significant Environmental Hazards and Significant Existing Releases

At present, the Significant Environmental Hazards statute (Conn. Gen. Stat. § 22a-6u) requires reporting and mitigation of especially serious contamination like impacted drinking water wells and soil with concentrations of contaminants detected at 15 times the remediation standard. The Significant Environmental Hazard program will remain in place for sites in brownfields programs and other releases not subject to the RBCRs.

For releases subject to the RBCRs, especially serious releases are considered “significant existing releases.” Similar to the familiar categories of significant environmental hazards, significant existing releases include releases that have impacted a drinking water well (or groundwater within 500 feet of a drinking water well); surface soil contaminated at 15 or 30 times remediation standards (depending on the contaminant); groundwater contamination that threatens to cause indoor air contamination; and groundwater contamination at 10 times the surface water protection criteria located within 250 feet of surface water.

A significant existing release has been “discovered” when anyone becomes aware of the release, such person does not need to be the creator or maintainer. A person other than the creator or maintainer who discovers a significant existing release must notify such creator or maintainer within one business day either directly or through their client (if hired for due diligence purposes or otherwise by someone other than the owner with a right to access the property).  For releases known to be impacting drinking water wells, the creator/maintainer must be notified within six hours.

Once the creator/maintainer of a significant existing release has knowledge of such release, they must notify DEEP within 24 hours if such release is impacting a drinking water well, or within 72 hours otherwise. Such significant existing releases must be addressed promptly, as a forthcoming blog post will cover.

Other Releases – 120-day and 365-day Deadlines

Releases that are not significant existing releases must be reported to DEEP within 120 days after discovery if:

  • Laboratory analysis indicates the presence of contaminants at more than double the relevant remediation standard for any constituent with a remediation standard. For petroleum contamination, this 120-day deadline applies only if the release has impacted at least two cubic yards of soil.
  • Non-aqueous phase liquid (e.g., oil) is present in groundwater at a measured thickness of one-eighth inch.
  • Laboratory analysis indicates the presence of a contaminant at more than double the additional polluting substances criteria (if an additional polluting substances criterion can be calculated) or indicates the presence of any amount of contamination if no additional polluting substances criterion can be calculated.

Releases that do not fit into one of the 120-day reporting categories must be reported to DEEP within 365 days, except for low-level soil contamination as discussed below. Reporting can be avoided, however, if the contamination is remediated and a closure report is prepared before the reporting deadline occurs (i.e., either 120 or 365 days).  The closure process will be discussed in a future post.

Incidental Releases – No Report Necessary

As noted in the last post about discovery, any detection of contaminants above the laboratory reporting limit constitutes discovery of a release, even in minute quantities. That said, discovery in soil of constituents other that PFAS and VOCs at less than or equal to 25 percent of the remediation criterion is considered an incidental release and is not reportable. Note that this only applies to releases detected in soil—any release detected in groundwater is reportable unless it meets one of the specified exemptions discussed in the last post.

Next Steps

After a release is reported, it must be investigated and characterized. These investigation and characterization steps apply to both new releases and the existing releases. Characterization requirements will be discussed in the fourth post in this series. The next post and episode will discuss reporting of new releases.