Sec. 22a-449l. Remediation costs of removal or replacement of certain residential underground heating oil storage tank systems. Payment from subaccount for services commenced prior to July 1, 2001. Pr
Sec. 22a-449l. Remediation costs of removal or replacement of certain residential underground heating oil storage tank systems. Payment from subaccount
for services commenced prior to July 1, 2001. Procedures. (a) As used in this section,
"registered contractor" means a person registered with the Commissioner of Environmental Protection pursuant to section 22a-449k.
(b) Prior to July 1, 2001, if, in the course of removing or replacing a residential
underground heating oil storage tank system, a registered contractor finds that there
has been a spill, as defined in section 22a-452c, attributable to such system and such
contractor estimates that the remediation of such spill is likely to cost more than five
thousand dollars, such contractor shall immediately notify the Department of Environmental Protection regarding such spill. If, after the contractor's initial estimate, the
contractor subsequently determines that such cost will exceed five thousand dollars,
the contractor shall upon that determination notify the Department of Environmental
Protection. The department may assess the spill and confirm that the remediation proposed by the contractor is appropriate and necessary, or may authorize an environmental
professional licensed under section 22a-133v to assess the spill and make such confirmation. Any such remediation shall be subject to approval by the department, except that
the department may authorize an environmental professional licensed under section
22a-133v to make a recommendation regarding such approval. If a registered contractor
estimates that the remediation of such spill is likely to cost more than ten thousand
dollars, the commissioner or any agent of the commissioner or an environmental professional licensed under said section 22a-133v contracted by the department shall inspect
the site and confirm that such remediation is reasonable. The costs of such an inspection
shall be eligible for payment under the residential underground heating oil storage tank
system clean-up subaccount established under subsection (b) of section 22a-449c.
(c) (1) In order to receive reimbursement of eligible costs for services commenced
after July 1, 1999, and prior to July 1, 2001, a registered contractor shall on or before
December 1, 2001, submit to the Underground Storage Tank Petroleum Clean-Up Account Review Board established under section 22a-449d for a disbursement from the
residential underground heating oil storage tank system clean-up subaccount, all reasonable costs for work commenced prior to July 1, 2001, pursuant to a contract with the
owner or the state for the remediation of a residential underground heating oil storage
tank system for the purpose of providing payment for the costs of such remediation.
An owner of a residential underground heating oil storage tank system shall not be
responsible to the registered contractor or any subcontractor of the registered contractor
for any costs that are eligible for payment from the residential underground heating
oil storage tank system clean-up subaccount over five hundred dollars. The registered
contractor or any subcontractor shall not bill the owner for any costs eligible for payment
from said subaccount over five hundred dollars unless the contractor or subcontractor
enters into a separate written contract with the owner, on a form prescribed by the
commissioner, authorizing the contractor or subcontractor to bill the owner more than
five hundred dollars and such separate contract gives the owner the right to cancel such
contract up to three days after entering into it. Such owner shall provide to the review
board a statement confirming the registered contractor has been engaged by such owner
to remove or to replace such residential underground heating oil storage tank system
and perform the remediation and shall execute an instrument which provides for payment
to said account of any amounts realized by the owner, after any costs of litigation or
attorney's fees have been paid, from a judgment or settlement regarding any claim for
the costs of such remediation made against an insurance policy or any party. In any
service contract entered into between a registered contractor and an owner for the remediation of a residential underground heating oil storage tank system, the registered contractor shall clearly identify all costs, including markup costs, that are not or may not
be eligible for payment from said subaccount.
(2) The registered contractor shall submit documentation, satisfactory to the review
board, of any costs associated with such remediation. The review board may deny remediation costs of the registered contractor that the review board determines are unreasonable based on the guidelines established pursuant to subsection (c) of section 22a-449d
on and after the date the review board establishes such guidelines, and may deny remediation costs (A) in excess of five thousand dollars if the Department of Environmental
Protection was not notified in accordance with the provisions of subsection (b) of this
section, and (B) in excess of ten thousand dollars if the site was not inspected in accordance with the provisions of subsection (b) of this section. The review board shall deny
any such costs in excess of fifty thousand dollars unless the commissioner determines
such additional costs are warranted to protect public health and the environment. If a
registered contractor fails to submit to the review board documentation of costs associated with such remediation that may be eligible for payment from the residential underground heating oil storage tank system clean-up subaccount or if the registered contractor submits documentation of such costs but the board denies payment of such costs,
the registered contractor shall be liable for such costs and shall have no cause of action
against the owner of the underground petroleum storage tank.
(3) A copy of the review board's decision shall be sent to the Commissioner of
Environmental Protection and to the registered contractor by certified mail, return receipt requested. The commissioner or any contractor aggrieved by a decision of the
review board may, not more than twenty days after the date the decision was issued,
request a hearing before the review board in accordance with chapter 54. After such
hearing, the board shall consider the information submitted to it and affirm or modify
its decision on the reimbursement. A copy of the affirmed or modified decision shall
be sent to the commissioner and any contractor by certified mail, return receipt requested.
(d) Neither the Underground Storage Tank Petroleum Clean-Up Account Review
Board nor the Commissioner of Environmental Protection shall accept applications pursuant to this section on or after December 1, 2001, for the reimbursement of eligible costs
for services completed prior to July 1, 2001, except that, notwithstanding subsection (c)
of this section, prior to July 1, 2004, the board may accept applications for reimbursement
from and make payments to any owner who demonstrates that the owner paid for eligible
costs for services provided to the owner prior to July 1, 2001, and either (1) the registered
contractor filed an application for reimbursement between December 1, 2001, and January 1, 2003, or (2) the owner, prior to May 1, 2003, filed a complaint with the board
or the commissioner regarding the failure of the registered contractor to file a timely
application.
(P.A. 99-269, S. 3, 6; P.A. 00-201, S. 6, 8; June Sp. Sess. P.A. 01-9, S. 39, 131; P.A. 04-172, S. 2, 3.)
History: P.A. 99-269 effective July 1, 1999; P.A. 00-201 changed "contractor" to "registered contractor" throughout,
amended Subsec. (a) by deleting prohibition on person replacing or removing underground petroleum storage tank unless
registered, amended Subsec. (b) by adding "residential underground heating oil storage tank system", deleting description
of the types of tanks provision applies to, adding requirement re immediate notification to department re spill and adding
provision re spills likely to cost more than $10,000 needing inspection, amended Subsec. (c)(1) by deleting language re
person licensed under Sec. 22a-454 and re disbursement from $2,000,000 in bond proceeds, and by adding language re
disbursement from the residential underground heating oil storage tank system clean-up subaccount for remediation costs,
re owner not being responsible for costs over $500 and re contract requirements, amended Subsec. (c)(2) by adding language
requiring documentation of costs, requiring costs to be reasonable based on guidelines and requiring costs over $50,000
to be approved by commissioner, and by adding provisions re denial of remediation costs and liability of registered contractor, and added Subsec. (c)(3) re decision and hearing, effective June 1, 2000; June Sp. Sess. P.A. 01-9 amended Subsec.
(b) to add reference to July 1, 2001, amended Subsec. (c) to add provisions re reimbursement for services commenced
after July 1, 1999, and prior to July 1, 2001, and re submission deadline of December 1, 2001, and added Subsec. (d)
prohibiting acceptance of applications pursuant to section on or after December 1, 2001, effective July 1, 2001; P.A. 04-172 amended Subsec. (c)(1) to add "or the state" and amended Subsec. (d) to add exception to allow the acceptance of
applications after December 1, 2001, from certain owners who paid for eligible costs for services prior to July 1, 2001,
effective June 1, 2004.