Connecticut General Statutes
Chapter 445 - Hazardous Waste
Section 22a-134b. - Damages.

(a) Failure of the transferor to comply with any of the provisions of sections 22a-134 to 22a-134e, inclusive, and sections 22a-134h and 22a-134i entitles the transferee to recover damages from the transferor, and renders the transferor of the establishment strictly liable, without regard to fault, for all remediation costs and for all direct and indirect damages.

(b) An action to recover damages pursuant to subsection (a) of this section shall be commenced not later than six years after the later of (1) the due date for the filing of the appropriate transfer form pursuant to section 22a-134a, or (2) the actual filing date of the appropriate transfer form.
(c) This section shall apply to any action brought for the reimbursement or recovery of costs associated with investigation and remediation, which includes assessment, investigation, containment, mitigation, removal, remediation and monitoring, and all direct and indirect damages, except any action that becomes final and is no longer subject to appeal on or before October 1, 2009.
(P.A. 85-568, S. 4; P.A. 95-183, S. 5; P.A. 09-235, S. 5; P.A. 10-135, S. 4; Sept. Sp. Sess. P.A. 20-9, S. 7.)
History: P.A. 95-183 added a reference to Sec. 22a-134e and changed “cleanup and removal costs” to “remediation costs”; P.A. 09-235 designated existing provisions as Subsec. (a) and added Subsecs. (b) and (c) re actions, effective July 9, 2009; P.A. 10-135 amended Subsec. (c) by redefining investigation and remediation to include assessment, investigation, containment, mitigation, removal, remediation and monitoring and deleting reference to Sec. 22-452(n), effective July 1, 2010; Sept. Sp. Sess. P.A. 20-9 amended Subsec. (a) by adding reference to Secs. 22a-134h and 22a-134i, effective October 2, 2020.
Trial court properly considered in its valuation of property the possibility of recovering remediation costs pursuant to Transfer Act. 272 C. 14.
Cited. 27 CA 353; 30 CA 204; 43 CA 113.

Structure Connecticut General Statutes