(a) Prior to the conveyance of a unit in a residential common interest community that is an establishment, as defined in section 22a-134, the declarant for the residential common interest community of which the unit is a part or the declarant's immediate predecessor in title shall (1) become a certifying party, as defined in section 22a-134 for the purpose of investigation and remediation of the parcel on which such community is located; (2) provide financial assurance pursuant to subsection (b) of this section; and (3) record notice on the land records in the municipality where the common interest community is located that the parcel on which the common interest community is located is being investigated and remediated pursuant to sections 22a-134 to 22a-134e, inclusive. Such notice shall identify the volume and page number of any recorded environmental use restriction, as defined in section 22a-133o. If the declarant or the declarant's immediate predecessor in title fails to become a certifying party for the purpose of investigation and remediation of the parcel on which such community is located, or fails to provide financial assurance pursuant to subsection (b) of this section, an individual or entity authorized to act on behalf of the common interest community shall provide written notice to the commissioner of such failure prior to the conveyance of any such unit. If the declarant fails to record such notice, the commissioner may record or require an individual or entity authorized to act on behalf of the common interest community to record on the land records in the municipality where the common interest community is located a notice that contains the information required by subdivision (3) of this subsection.
(b) The financial assurance required pursuant to subsection (a) of this section shall (1) identify the Commissioner of Energy and Environmental Protection as the beneficiary, (2) be in an amount and in a form approved by the commissioner that is equal to the cost of investigation and remediation of the contaminants on the subject property, subject to the standards specified in sections 22a-134 to 22a-133e, inclusive, and (3) be used solely at the affected common interest community for the sole purpose of investigation and remediation of such property for the benefit of the unit owners of such community. The commissioner may reduce the amount of such financial assurance from time to time as work is completed. Such financial assurance need not include the costs of any improvements to the real estate not required to remediate the contamination or the costs of remediation work already completed or on parcels of real estate that may be added to the common interest community by the exercise of development rights pursuant to section 47-229.
(P.A. 06-76, S. 12; P.A. 07-217, S. 110; P.A. 11-80, S. 1; Sept. Sp. Sess. P.A. 20-9, S. 3.)
History: P.A. 07-217 made a technical change in Subsec. (c), effective July 12, 2007; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; Sept. Sp. Sess. P.A. 20-9 amended Subsec. (a) by replacing former provisions with provisions re declarant prior to conveyance of unit in residential common interest community, amended Subsec. (b) by deleting references to surety bonds, replacing “Department” with “Commissioner” and deleting provision re unit owners association as beneficiaries in Subdiv. (1), adding provision re cost of investigation and reference to Secs. 22a-134 to 22a-133e in Subdiv. (2) and adding Subdiv. (3) re use at affected common interest community for benefit of unit owners, deleted former Subsec. (c) re notice when unit in common interest community is conveyed, and made technical and conforming changes, effective October 2, 2020.
Structure Connecticut General Statutes
Title 22a - Environmental Protection
Section 22a-114. - Legislative finding; policy of the state.
Section 22a-115. - Definitions.
Section 22a-116. - Regulations.
Section 22a-121. - Record of hearing. Rights of parties.
Section 22a-123. - Enforcement of certificate requirements and other standards. Penalties.
Section 22a-126. - Use of facility after postclosure period. Disposal Facility Trust Fund.
Section 22a-127. - Local project review committee. Technical assistance for review of application.
Section 22a-130. - Regulations.
Section 22a-131. - Civil penalty for violation of hazardous waste program.
Section 22a-131a. - Penalties. Terms defined.
Section 22a-132. - Hazardous waste assessment.
Section 22a-132a. - Administration expenses. Fees. Staff. Consultants.
Section 22a-133. - Payments prohibited if federal funds available.
Section 22a-133a. - Definitions: Discovery and cleanup of hazardous waste disposal sites.
Section 22a-133c. - Hazardous waste disposal site inventory.
Section 22a-133d. - Site assessments.
Section 22a-133e. - Remedial action.
Section 22a-133f. - Costs of remedial action. Regulations.
Section 22a-133g. - Reimbursement for costs and expenses of remedial action.
Section 22a-133h. - Telephone line for hazardous waste disposal site information.
Section 22a-133j. - Annual report.
Section 22a-133l. - Grants to clean up landfills where hazardous waste was disposed of.
Section 22a-133n. - Environmental use restrictions: Definitions.
Section 22a-133s. - Environmental use restrictions: Other powers not affected.
Section 22a-133t. - Special Contaminated Property Remediation and Insurance Fund.
Section 22a-133z. - General permits for contaminated site remediation.
Section 22a-133cc. - Submission of information for covenant not to sue.
Section 22a-133ff. - Municipal liability for easement acquired for recreational use.
Section 22a-133hh. - Unified clean-up program regulations. Required provisions.
Section 22a-134. - Transfer of hazardous waste establishments: Definitions.
Section 22a-134c. - Authority of commissioner.
Section 22a-134e. - Transfer fees. Regulations.
Section 22a-134f. - List of hazardous waste facilities. Municipal clerks to maintain and post.
Section 22a-134k. - Household hazardous waste management plan.
Section 22a-134l. - Regional household hazardous waste disposal facilities.
Section 22a-134m. - Chemical disposal days.
Section 22a-134n. - Grants for chemical disposal days.
Section 22a-134o. - Contract with hazardous waste transporter or company.
Section 22a-134p. - Regulations re storage of hazardous substances near a watercourse.
Section 22a-134q. - Inventory of contaminated wells and leaking underground storage tanks.
Section 22a-134s. - Lien on real estate with service station.