Sec. 22a-449c. Underground storage tank petroleum clean-up account. Residential underground heating oil storage tank system clean-up subaccount. Applications for payment or reimbursement.
Sec. 22a-449c. Underground storage tank petroleum clean-up account. Residential underground heating oil storage tank system clean-up subaccount. Applications for payment or reimbursement. (a)(1) There is established an account to be
known as the "underground storage tank petroleum clean-up account". The underground
storage tank petroleum clean-up account shall be an account of the Environmental Quality Fund. Notwithstanding any provision of the general statutes to the contrary, any
moneys collected shall be deposited in the Environmental Quality Fund and credited to
the underground storage tank petroleum clean-up account. Any balance remaining in
said account at the end of any fiscal year shall be carried forward in said account for
the fiscal year next succeeding.
(2) The account shall be used by the Commissioner of Environmental Protection
to provide money for reimbursement or payment pursuant to section 22a-449f, to responsible parties or parties supplying goods or services, for costs, expenses and other obligations paid or incurred, as the case may be, as a result of releases, and suspected releases,
costs of investigation and remediation of releases and suspected releases, and for claims
by a person other than a responsible party for bodily injury, property damage and damage
to natural resources that have been finally adjudicated or settled with the prior written
consent of the board. The commissioner may also make payment from the account to
an assignee who is in the business of receiving assignments of amounts approved by the
board, but not yet paid from the account, provided the party making any such assignment,
using a form approved by the commissioner, directs the commissioner to pay such assignee, that no cost of any assignment shall be borne by the account and that the state
and its agencies shall not bear any liability with respect to any such assignment.
(3) Notwithstanding the provisions of this section regarding reimbursements of parties pursuant to section 22a-449f and regulations adopted pursuant to section 22a-449e,
and regardless of when an application for payment or reimbursement from the account
may have been submitted to the board, payment or reimbursement shall be made in
accordance with the following: (A) After June 1, 2004, no payment or reimbursement
shall be made for any costs, expenses and other obligations paid or incurred for remediation, including any monitoring to determine the effectiveness of the remediation, of a
release to levels more stringent than or beyond those specified in the remediation standards established pursuant to section 22a-133k, except to the extent the applicant demonstrates that it has been directed otherwise, in writing, by the commissioner; (B) after
June 1, 2005, no payment or reimbursement from the account shall be made to any
person for diminution in property value or interest, provided that reimbursement for
interest accrued on attorneys' fees may be permitted if an application seeking interest
accrued on attorneys' fees was submitted to the commissioner on or before March 31,
2003, and such application has been tabled by the board for three or more years; and
(C) after June 1, 2005, no payment or reimbursement from the account shall be made
for attorneys' fees or other costs of legal representation paid or incurred as a result of
a release or suspected release (i) in excess of five thousand dollars to any responsible
party, (ii) in excess of ten thousand dollars to any person other than a responsible party,
and (iii) by a responsible party regarding the defense of claims brought by another
person, except that applications for reimbursement filed on or before June 30, 2005,
shall not be subject to the limitations for reimbursement imposed by clauses (i) and (ii) of
this subparagraph. In addition, notwithstanding the provisions of this section regarding
reimbursements of parties pursuant to section 22a-449f, the responsible party shall bear
all costs of the release that are less than ten thousand dollars and all persons shall bear
all costs of the release that are more than one million dollars, except that for any such
release which was reported to the department prior to December 31, 1987, and for which
more than five hundred thousand dollars has been expended by the responsible party to
remediate such release prior to June 19, 1991, the responsible party for the release shall
bear all costs of such release which are less than ten thousand dollars or more than five
million dollars, provided the portion of any reimbursement or payment in excess of
three million dollars may, at the discretion of the commissioner, be made in annual
payments for up to a five-year period. There shall be allocated to the department annually, for administrative costs, two million dollars.
(b) There is established a subaccount within the underground storage tank petroleum clean-up account to be known as the "residential underground heating oil storage
tank system clean-up subaccount" to be used solely for the provision of reimbursements
under sections 22a-449l and 22a-449n, for the remediation of contamination attributed
to residential underground heating oil storage tank systems. The subaccount shall hold
the proceeds of the bond funds allocated pursuant to section 51 of public act 00-167*.
(c) There is established a subaccount within the underground storage tank petroleum
clean-up account to be known as the "pay for performance subaccount" with which
the commissioner may implement a program, in consultation with the board, in which
reimbursement or repayment in accordance with this section is based upon the achievement of environmental milestones or results. The commissioner, with the approval of
the board, may enter into contracts to implement any such program.
(d) (1) If an initial application or request for payment or reimbursement is received
by the board before July 1, 2005, no supplemental application or request for payment
or reimbursement shall be submitted to the board on or after October 1, 2009, regarding
costs, expenses or other obligations paid or incurred in response to the release or suspected release noted in any such initial application or request for payment or reimbursement. The provisions of this subdivision shall apply regardless of whether the cost,
expense or other obligation was paid or incurred before October 1, 2009, and no reimbursement or payment from the account shall be ordered by the board or made by the
commissioner regarding any such supplemental application or request for payment or
reimbursement received by the board on or after the October 1, 2009, deadline established in this subdivision.
(2) If an initial application or request for payment or reimbursement is received by
the board on or after July 1, 2005, no supplemental application or request for payment
or reimbursement shall be submitted to the board more than five years after the date
that the initial application or request for payment or reimbursement was received by the
board, regarding costs, expenses or other obligations paid or incurred in response to the
release or suspected release noted in such initial application or request for payment or
reimbursement. The provisions of this subdivision shall apply regardless of whether a
cost, expense or other obligation was paid or incurred before the expiration of the five-year deadline established in this subdivision and no reimbursement or payment from
the account shall be ordered by the board or made by the commissioner regarding any
such supplemental application or request for payment or reimbursement received by
the board after the five-year deadline established in this subdivision.
(3) Notwithstanding the provisions of subsection (i) of section 22a-449f, if an application or request for payment or reimbursement is not brought before the board for a
decision not later than six months after having been received by the board, then six
months shall be added to the deadline applicable pursuant to subdivision (1) or (2) of this
subsection, provided no more than two years shall be added to the deadline established
pursuant to subdivision (1) or (2) of this subsection regardless of whether one or more
applications or requests for payment or reimbursement have been received by the board
but have not been brought before the board for a decision not later than six months after
receipt. In addition, if the commissioner determines that an application or request for
payment or reimbursement is ready for decision by the board and such application or
request has been placed on the agenda for the meeting of the board, but cannot be brought
before the board because the board is unable to meet or cannot act on such application
or request, the deadlines established pursuant to subdivision (1) or (2) of this subsection
shall also be extended only for that period that the board is unable to meet or is unable
to act on such application or request.
(4) The provisions of this subsection shall not apply to annual groundwater remedial
actions, including the preparation of a groundwater remedial action progress report,
performed pursuant to subdivision (6) of section 22a-449p. Notwithstanding the provisions of this subsection, the board may continue to receive applications or requests for
payment or reimbursement and provided all other requirements have been met, may
order payment or reimbursement from the account for such activities.
(e) (1) Any person who has insurance, or a contract or other agreement to provide
payment or reimbursement for any costs, expense or other obligation paid or incurred
in response to a release or suspected release may submit an application or request seeking
payment or reimbursement from the account to the board, provided any such application
or request for payment or reimbursement shall be subject to all applicable requirements,
including, but not limited to, subdivision (7) of subsection (c) of section 22a-449f.
(2) Any person who at any time receives or expects to receive payment or reimbursement from any source other than the account for any cost, expense, obligation, damage
or injury for which such person has received or has applied for payment or reimbursement from the account, shall notify the board, in writing, of such supplemental or expected payment and shall, not more than thirty days after receiving such supplemental
payment, repay the underground storage tank petroleum clean-up account all such
amounts received from any other source.
(3) If the board determines that a person is seeking or has sought payment or reimbursement for any cost, expense, obligation, damage or injury from the account and that
payment or reimbursement for any such cost, expense, obligation, damage or injury is
actually or potentially available to any such person from any source other than the
account, the board may impose any conditions it deems reasonable regarding any amount
it orders to be paid from the account.
(P.A. 89-373, S. 4, 10; P.A. 90-181, S. 1; P.A. 91-254, S. 1, 7; P.A. 94-130, S. 6; P.A. 96-132, S. 1, 5; P.A. 97-241, S.
3, 5; P.A. 00-201, S. 2, 8; June Sp. Sess. P.A. 01-9, S. 37, 131; P.A. 02-80, S. 1; P.A. 04-244, S. 2; P.A. 05-288, S. 107;
June Sp. Sess. P.A. 05-3, S. 91; P.A. 06-196, S. 259; P.A. 07-192, S. 4.)
*Note: Section 51 of public act 00-167 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.
History: P.A. 90-181 amended Subsec. (b) to allow payments or reimbursement to parties supplying goods or services,
allowed payments and reimbursements for expenses resulting from suspected releases, authorized payment of costs of
defense of third party claims and costs of investigation and deleted the requirement that the responsible party be responsible
for all costs which are less than $10,000; P.A. 91-254 added the requirement that the responsible party be responsible for
all costs which are less than $10,000, added the provisions concerning releases reported prior to December 31, 1987, and
for which more than $500,000 had been expended and added provisions re funds for administrative costs which are to be
allocated to the department; P.A. 94-130 changed name of fund from "Underground Storage Tank Petroleum Clean-Up
Fund" to "underground storage tank petroleum clean-up account" and eliminated requirement that investment earnings
credited to assets of fund shall become part of the assets of said fund; P.A. 96-132 amended Subsec. (b) to increase the
allocation for administrative costs, effective July 1, 1996; P.A. 97-241 amended Subsec. (b) to increase costs of remediation
to be borne by certain responsible parties under this section and to increase the allocation to the department for administrative
costs, effective June 24, 1997; P.A. 00-201 redesignated existing language in Subsec. (a) as Subsec. (a)(1) and existing
language in Subsec. (b) as Subsec. (a)(2) and added new Subsec. (b) establishing residential underground heating oil storage
tank system clean-up subaccount, effective June 1, 2000; June Sp. Sess. P.A. 01-9 amended Subsec. (a) to add references
to Sec. 22a-449f and increase amount of administrative costs from $1,150,000 to $2,000,000 and amended Subsec. (b) to
add reference to Sec. 22a-449n, effective July 1, 2001; P.A. 02-80 amended Subsec. (a)(2) to raise limit for payments from
account from $3,000,000 to $5,000,000 for costs or expenses incurred in connection with any release reported to the
Department of Environmental Protection prior to December 31, 1987, and for which the responsible party has expended
more than $500,000 for remediation prior to June 19, 1991, and to add proviso that the portion of any reimbursement or
payment in excess of $3,000,000 may, at the discretion of the commissioner, be made in annual payments for up to a five-year
period, effective July 1, 2002; P.A. 04-244 amended Subsec. (a)(2) to add prohibition against payment or reimbursement for
costs incurred for remediation of a release to levels more stringent than those specified in remediation standards, except
as required by the department, effective June 8, 2004; P.A. 05-288 made technical changes in Subsec. (a)(2), effective
July 13, 2005; June Sp. Sess. P.A. 05-3 made technical changes, amended Subsec. (a)(2) to delete "or both, to responsible
parties", to insert "and remediation", to replace "third party" with "for", to insert "by a person other than a responsible
party", to require final adjudication or settlement of a claim, and to allow payment to an assignee, inserted designator for
Subsec. (a)(3), amended Subsec. (a)(3) to insert "in writing", to prohibit, after June 1, 2005, payment or reimbursement
for diminution in property value or interest and for certain attorneys' fees, and to insert "and all persons shall bear all costs
of the release that are", added Subsec. (c) establishing pay for performance subaccount, added Subsec. (d) re submission
of supplemental applications, and added Subsec. (e) re insurance and receipt of payment or reimbursement from other
sources, effective June 30, 2005; P.A. 06-196 made a technical change in Subsec. (e)(2), effective June 7, 2006; P.A. 07-192 amended Subsec. (a)(3) to permit certain applicants to receive reimbursement for interest on attorney's fees and to
exempt certain applications from limitations on such fees, effective July 5, 2007.