Connecticut’s environmental remediation laws are about to change significantly on March 1, 2026. This blog series, and the companion Release Report video series, will highlight key features of the new release-based cleanup regulations (referred to as “RBCRs”) so interested parties can get ready.
Link to Background Background
At present, much of the environmental remediation in Connecticut is driven by the Connecticut Transfer Act (Conn. Gen. Stat. § 22a-134 et seq.). The Transfer Act requires site-wide environmental investigation and potential remediation when an “establishment” is “transferred.” Establishments include specifically-identified types of businesses (e.g., dry cleaners, vehicle body repair shops, furniture strippers) and sites or businesses that generated 100 kg of hazardous waste in any one month since November 1980.
Since the Transfer Act is triggered by real estate or business transfers, one could avoid the Transfer Act by avoiding becoming involved in a transfer. Unfortunately, that kills deals and chills economic development. Furthermore, many sites that have not been transferred have not been subject to clear investigation and remediation triggers, leaving contaminated sites with no obvious impetus for anyone to clean up. Both of these factors lead to a pivot away from the Transfer Act through Public Ac 20-09 and the implementing regulations that followed.
Link to New Law New Law
After March 1, 2026, new transfers of establishments will no longer require action under the Transfer Act. Instead, Public Act 20-09 (codified as Conn. Gen. Stat. § 22a-134pp et seq.) requires releases to be investigated and remediated when they occur or are discovered, not as part of a mandated site-wide program. Specifically, § 22a-134qq provides that “[n]o person shall create or maintain a release to the land and waters of the state in violation of” the statute.
While it appears that the word “create” will be understood in its ordinary sense, the word “maintain” deserves attention. The RBCRs provide that a person is “maintaining” a release if they own a parcel of land on or under which such release (or portion of the release) is located. If a tenant discovers an existing release, they must notify their landlord or may be deemed to be maintaining the release themselves. In other words, any business with operations in Connecticut has the potential to “create” a release, and any property owner in Connecticut has the potential to “maintain” a release on its property.
The spill reporting regulations at R.C.S.A. 22a-450-1 et seq. set forth the procedure for reporting newly occurring releases, with the new RBCRs providing new requirements for cleanup and closure. For existing releases, obligations to investigate and remediate begin with the “discovery” of such release. The next blog post, and companion episode, in this series will discuss in more detail what it means to discover an existing release.
Link to What’s Next? What’s Next?
Between now and March 1, there are a number of things that manufacturers, property owners, developers and others should be thinking about as they prepare for the implementation of the RBCRs. Upcoming blog posts and episodes will discuss reporting requirements, closure documentation, due diligence considerations and more. If you have any questions or suggestions, please email me at escott@rc.com.