After years of sending reminder letters and notices of violation, the Connecticut Department of Energy & Environmental Protection (DEEP) has begun issuing consent orders to and imposing fines as high as $10,000 against certifying parties who have missed the Transfer Act’s statutory remediation deadlines.

There are 3 relevant deadlines that run approximately from the closing date of a transaction:  2 years to file a Completion of Investigation report; 3 years to begin the remediation; and 8 years to file a verification that the remediation is complete.  The 2-year deadline for completing the investigation work and the 3 year deadline for beginning the remediation apply to Transfer Act Forms filed after Oct. 1, 2007.  The 8 year deadline for completing the remediation work applies to filings after Oct. 1, 2009.  The actual deadlines run from the date DEEP issues an acknowledgement that Transfer Act filing is complete.

DEEP will extend the statutory deadlines if requested in advance – and if the agency considers the reason for the delay to be valid.

Please contact any member of our Environmental group if you would like additional information or need advice about your potential Transfer Act liability.

M. Anne Peters
(203) 575-2647; apeters@carmodylaw.com

Pamela K. Elkow
(203) 252-2672; pelkow@carmodylaw.com

Deborah R. Brancato
(203) 252-2648; dbrancato@carmodylaw.com