The Connecticut Department of Energy and Environmental Protection (DEEP) has issued a new general permit for remediation contractors, known as the General Permit to Act as a Contractor to Contain or Remove or Otherwise Mitigate the Effects of Certain Releases (Registered Existing Release Response Contractor) (Remediation GP). This new Remediation GP supplements the well-established spill response contractor program under Connecticut General Statutes § 22a-454 and addresses a source of ongoing confusion for remediation professionals.
By statute, a permit is required for any person engaged in the business of “collecting, storing or treating waste oil or petroleum or chemical liquids or hazardous wastes or of acting as a contractor to contain or remove or otherwise mitigate the effects of discharge, spillage, uncontrolled loss, seepage or filtration of such substance or material or waste…” Conn. Gen. Stat. § 22a-454(a).
For many years, DEEP has maintained an individual permit program under § 454 covering emergency spill response contractors. Remediation contractors (i.e., those who physically remove impacted soil during a remediation project) have not necessarily held such spill response permits. Because spill response contractors respond to emergencies, there are several requirements (e.g., 24-hour availability, access to boats, and specialized equipment) relevant to emergency spill response that are not relevant to remediation of pre-existing soil contamination. In recent years, however, DEEP has increasingly taken the position that the remediation of pre-existing soil contamination requires a spill response permit. Given the mismatch between the spill response permit requirement and the soil remediation business, the spill response permit was not a comfortable fit for soil remediation contractors.
The new Remediation GP is intended to bridge the gap between the requirements applicable to spill response contractors and the reality of soil remediation projects. Registrants under the Remediation GP are permitted to contain, remove, or otherwise mitigate pre-existing contamination of soil (including saturated soil below the groundwater table) with waste oil, petroleum, chemical liquids, and/or hazardous waste at sites being investigated or remediated under specified statutory and regulatory programs including:
- State Brownfields Programs:
- Brownfield Liability Relief Program (Conn. Gen. Stat. § 32-764)
- Abandoned Brownfields Program (Conn. Gen. Stat. § 32-768)
- Brownfield Remediation and Revitalization Program (Conn. Gen. Stat. § 32-769)
- Municipal Brownfield Liability Relief Program (Conn. Gen. Stat. § 22a-133ii)
- Voluntary Remediation Programs (Conn. Gen. Stat. §§ 22a-133x, 22a-133y);
- The Transfer Act (Conn. Gen. Stat. § 22a-134 et seq.)
- After March 1, 2026, the Release-Based Cleanup Regulations (Conn. Gen. Stat. § 22a- 134tt et seq.; Regulations of Connecticut State Agencies (R.C.S.A.) § 22a-134tt-1 et seq.); and
- The Comprehensive Environmental Response, Compensation, and Liability Act (CERLCA, 42 U.S.C. § 9601 et seq., commonly known as “Superfund”), though as discussed below, new releases reportable under CERCLA are not eligible.
Such soil remediation must be conducted under the supervision of a licensed environmental professional (LEP) in regular communication with the registrant, though a LEP does not needto be physically present for the duration of the work. Such soil remediation must also be performed in compliance with safety regulations and by personnel using appropriate personal protective equipment.
Registrants under the Remediation GP are not permitted to address the following types of releases regulated under the:
- Connecticut Release Reporting Regulations (R.C.S.A. § 22a-450-1 et seq.), which relate to reporting of present-day emergent releases;
- Federal Release Reporting Regulations (CERCLA or the Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. § 11001 et seq.);
- Connecticut Underground Storage Tank Regulations (R.C.S.A. § 22a-449(d)-1 et seq.);
- Permits issued under Conn. Gen. Stat. § 22a-449(b) to construct and operate a marine terminal; and
- Federal Toxic Substances Control Act (TSCA) (15 U.S. Code § 2601 et seq.), i.e., certain releases containing polychlorinated biphenyls (PCBs).
Any release subject to one of the above programs must be addressed by a spill response contractor holding an individual permit under General Statutes § 22a-454. In addition, registrants may not contain, remove, or otherwise mitigate releases from surface water or groundwater, as such activities also require a spill response permit. The Remediation GP specifies, however, that installation, operation, and maintenance of in situ remediation systems (e.g., groundwater pump-and-treat, air sparging) do not require a permit.
As noted above, the new Remediation GP is relevant to activities undertaken in connection with Connecticut’s new Release-Based Cleanup Program, which will go into effect a few short months from now on March 1, 2026. A number of recent and forthcoming posts on this blog discuss in detail various important aspects and considerations related to the new Release-Based Cleanup Program and associated regulations.