CBIA Environmental Conference 2009 Release Reporting in Connecticut – A User’s Guide

1. CBIA Environmental Conference 2009Release Reporting in Connecticut – A User’s Guide Presented by M. ANNE PETERS Partner,CARMODY & TORRANCE LLP and MARGARET M. AVERILL, LEP Vice President, Loureiro Engineering

2. Current State of Affairs • One and a half statutes • A number of regulations • Draft spill reporting regulations

3. Connecticut Release ReportingStatutes • CGS §22a-450 • “New” releases • CGS §22a-6u • “Historic” releases

4. Connecticut Release Reporting Statutes WHO WHAT WHEN TO WHOM HOW FOLLOW-UP Person in Charge/ Operator Immediately DEP OCSRD Release of anything that poses a potential threat to human health or the environment Not specified – by phone 860.424.3338 1.866.337.7745 No formal follow-up • “Closed” = not referred or • Referred to another Division CGS §22a-450 Release Reports http://www.ct.gov/dep/cwp/view.asp?a=2690&q=322474&depNav_GID=1511

5. Connecticut Release Reporting Statutes WHO WHAT WHEN TO WHOM • TEP notifies Land Owner and Client • Owner notifies DEP • Discovery of one of the following conditions: • Contamination of drinking water wells • Polluted groundwater • <500’ from drinking water well • VOC’s beneath an occupied building • that discharges to surface water • Polluted soil <2’ feet of the surface   • Vapors at high levels - explosion hazard Potable Well Contamination immediately Explosion hazard– immediately Other conditionsSee web page* Oral reports: • Explosion hazard - to OCSRD • Drinking water well > standards - to DEP Remediation Div. Written reports to DEP Remediation Div. * HOW • By phone • OCSRD: 860.424.3338 • 1.866.337.7745 • Remediation Div: 860.424.3705 • Followed by written report * FOLLOW-UP DEP issues acknowledgement letter; Owner submits abatement plan CGS §22a-6u Significant Environmental Hazards *http://www.ct.gov/dep/cwp/view.asp?a=2715&q=324976&depNav_GID=1626

6. Connecticut Release Reporting Statutes

7. Release Reporting Regulations Under CGS §22a-450*Draft Spill Reporting Regulations http://www.ct.gov/dep/cwp/view.asp?a=2692&q=422556&depNav_GID=1648 • Under internal review by agency • Not yet released for public comment • October 2008 Draft • “stay tuned”

8. Create a checklist:  DEP’s Web Site  DEP Release Report Database fields What DEP records Key terms  Draft Spill Regulations DEP’s current thinking  Forms Old DEP From other states What to do now?

12. Guidance for Release Reports DEP’s web site: Home page: http://www.ct.gov/dep/site/default.asp Reporting a release: http://www.ct.gov/dep/cwp/view.asp?a=2690&q=322474&depNav_GID=1511 Reporting a significant environmental hazard: http://www.ct.gov/dep/cwp/view.asp?a=2715&q=324976&depNav_GID=1626 Proposed Release Reporting Regulations: http://www.ct.gov/dep/cwp/view.asp?a=2692&q=422556&depNav_GID=1648

13. DEP’s Spills Database • Complete Fields Now • Property • Contact Info • Questions to Ask

14. DEP’s Spills Database • “ID” codes • Use DEP terminology • Omissions

15. Guidance for Release Reports • Draft Release Reporting RegulationsNot binding but informative • Very low RQs • Releases w/in buildings and 2o containment • Sensitive receptor surveys • Recordkeeping required • Even for unreportable releases • In addition to other reporting requirements http://www.ct.gov/dep/cwp/view.asp?a=2692&q=422556&depNav_GID=1648

16. Old DEP Form

19. Forms from Other States • For types of reportable events omitted from DEP database and old form.

20. Other Reporting Requirements - Regulations • UST Regulations - RCSA §22a-449(d)-105 • Oral reports of suspected releases • Written reports of confirmed releases • Oral reports of spills and overfills

21. UST Regulations - Suspected Releases RCSA §22a-449(d)-105(a) Definition of Suspected Release from a UST • The discovery by anyone of released regulated substances at or near the UST site • Unusual operating conditions observed by owners and operators • Release detection monitoring results that indicate a release may have occurred

22. Suspected Release From UST -When and What to Report • Oral report ≤ 24 hours • Confirmed release - written report ≤ 3 working days of release • estimated amount of product lost, • location of release and • identification of leaking components of the UST system. • Release investigation and “confirmation” • Begin immediately * Complete within 7 days

23. UST Regulations – Overfills and Spills RCSA §22a-449(d)-105(d) • Petroleum released to the environment • Report within 24 hours • Hazardous substance - to the environment  reportable quantity under CERCLA • Report within 24 hours to DEP • Report immediately to the National Response Center • Hazardous substance - to the environment  reportable quantity under CERCLA • Contain immediately and clean up immediately • If cleanup cannot be accomplished in 24 hours - report immediately

24. Navigating the Shoals • Statutes and regulations trump forms and policies • Use the forms that are published • Supplement / customize • Create forms if none available • DEP database • Forms from other states

25. KEEP RECORDS !!! Why – Because There Are Significant Fines & Penalties

27. www.ct.gov/dep

28. Thank you ! Margaret M. Averill L.E.P. Vice President Loureiro Engineering 860.410.2939 mmaverill@loureiro.com www.loureiro.com M. AnnePeters Partner Carmody & Torrance LLP 203.573.1200 apeters@carmodylaw.com www.carmodylaw.com