As required under the landmark legislation passed this October that established a framework to retire the Transfer Act, the Connecticut Department of Energy & Environmental Protection (DEEP) has commenced the process of creating a new release-based program. The new program will eventually impose investigation / remediation obligations when contamination is “discovered.”

A working group jointly chaired by DEEP and the State Department of Economic Community Development has been established with an array of relevant stakeholders, including Carmody partner, Pam Elkow, which has begun meeting virtually on a monthly basis. The working group will provide critical input and advice to DEEP regarding the regulations to be adopted for the new program.

DEEP has also established five topical subcommittees to make concept recommendations to the working group. These groups have also begun to virtually meet regularly, and are each taking on different discussion topics related to the release-based program. In particular, the subcommittees are considering: (1) Discovery of Historical Release, (2) Reporting of Newly-Discovered Historical Releases, (3) Characterization of a Discovered Release, (4) Immediate Removal Actions, and (5) Tiers (for classifying different types/levels of releases).

For more information and access to working group and subcommittee meeting schedules and details, and other public participation opportunities, click here.

Please contact one of the members of our Environmental group if you would like additional information or need advice about the State’s ongoing new program development:

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

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

Attorneys