AN ACT CONCERNING THIRD-PARTY LIABILITY FOR CONTAMINATED PROPERTY.
AN ACT CONCERNING THIRD-PARTY LIABILITY FOR CONTAMINATED PROPERTY.
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General Assembly

Raised Bill No.

January Session, 2003

LCO No. 3835

Referred to Committee on

Introduced by:

(ENV)

AN ACT CONCERNING THIRD-PARTY LIABILITY FOR CONTAMINATED PROPERTY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2003) (a) No owner of real property shall be liable for any costs or damages pursuant to any provision of the general statutes or common law to any person other than this state, any other state or the federal government, with respect to any pollution or source of pollution on or emanating from such owner's real property that occurred or existed prior to such owner taking title to such property, provided:

(1) The owner did not establish or create a condition or facility at or on such property that reasonably can be expected to create a source of pollution to the waters of the state for purposes of section 22a-432 of the general statutes and such owner is not responsible pursuant to any other provision of the general statutes for creating any pollution or source of pollution on such property;

(2) The owner is not affiliated with any person responsible for such pollution or source of pollution through any direct or indirect familial relationship, or any contractual, corporate or financial relationship other than that by which such owner's interest in the property was conveyed or financed; and

(3) The Commissioner of Environmental Protection has approved in writing: (A) An investigation of the pollution and sources of pollution on or emanating from the real property which pollution or sources of pollution occurred prior to such owner's taking title to such property, conducted in accordance with the prevailing standards and guidelines which investigation was conducted by an environmental professional licensed in accordance with section 22a-133v of the general statutes; and (B) a final remedial action report prepared by a licensed environmental professional that demonstrates that remediation of such pollution and sources of pollution was completed in accordance with the remediation standards in regulations adopted pursuant to section 22a-133k of the general statutes.

(b) This section shall not relieve any such liability where (1) an owner failed to file or comply with the provisions of an environmental land use restriction created pursuant to section 22a-133o of the general statutes for such real property or with the conditions of a variance for the real property that was approved by the commissioner in accordance with regulations adopted pursuant to section 22a-133k of the general statutes, or (2) the commissioner, at any time, determines that an owner provided information that it knew or had reason to know was false or misleading or otherwise failed to satisfy all of the requirements of subsection (a) of this section. Nothing in this section shall be construed to relieve an owner of any liability for pollution or sources of pollution on or emanating from such property that occurred or were created after the owner took title to such property.

This act shall take effect as follows:

Section 1

October 1, 2003

Statement of Purpose:

To protect a purchaser of land from liability for pollution that occurred prior to purchase.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined. ]