ctbrownfields: Liability Protection Programs

Liability Protection Programs

Third Party Liability Program
This program provides property owners with statutory protection regarding costs or damages to third parties, not including governmental bodies, exposed to pollution that existed prior to the landowner's taking title to the property.

Covenant Not to Sue
A covenant not to sue is an assurance that once a site is cleaned up to current standards, the Commissioner will not require any additional cleanup in the future. A covenant not to sue is a tool that allows redevelopment of contaminated properties without the risk of liability for historical contamination.

CERCLIS "Comfort Letter" and Archive Policy
At the request of the Connecticut Department of Energy and Environmental Protection (CT DEEP) the United States Environmental Protection Agency (USEPA) will remove (archive) any active federal superfund site from CERCLIS (Comprehensive Environmental Response, Compensation and Liability Information System) if remedial action through one or more CT DEEP Remediation Programs has been completed. If remedial action has not been completed, yet an interested party makes the commitment to remediate the site through a CT DEEP Remediation Program, the department is willing to recommend to the USEPA that they issue a "comfort letter" stating that "the USEPA will not take further action to list the site on the National Priorities List".

Environmental Land Use Restrictions
An Environmental Land Use Restriction ("ELUR") is a binding agreement between a property owner and the Commissioner of the Connecticut Department of Energy and Environmental Protection which is recorded on the municipal land records. The purpose of an ELUR is to minimize the risk of human exposure to pollutants and hazards to the environment by preventing specific uses or activities at a property or a portion of a property. An ELUR is a tool which permits the remedial goals for a property to be dependent on the exposure risk associated with its use.

Environmental Insurance Program 
Environmental Insurance, funded through the Economic Development Manufacturing Asistance Act, provides loans and grants to subsidize the costs of Environmental Insurance Premiums.  OBRD staff provides technical assistance to help clients choose the proper coverage for their project.

Content Last Modified on 4/4/2013 11:03:57 AM

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