For the first time in 10 years, the Connecticut Department of Energy & Environmental Protection (DEEP) revised its Environmental Condition Assessment Form (ECAF). Of most interest to the regulated community, the revised ECAF specifically asks whether consideration was given to and requires information relating to the potential presence of emerging contaminants, including per- and polyfluorinated alkyl substances (PFAS), 1,4-Dioxane and perchlorate.
The ECAF is an important initial filing for properties subject to the Connecticut Transfer Act (C.G.S. §§ 22a-134(a)-(e)), those in the Voluntary Remediation Program (C.G.S. § 22a-133x) and certain Brownfield programs. DEEP uses the ECAF to determine whether DEEP oversight of the investigation and remediation at a site are necessary or whether a licensed environmental professional may verify that a site investigation has been performed in accordance with the prevailing standards and guidelines and that site remediation has been performed in accordance with DEEP's Remediation Standard Regulations.
To address emerging contaminants, DEEP has revised Part IV: Site History, "Emerging Contaminant Consideration." The revision asks whether any of a list of business operations, land uses or incidents that may involve emerging contaminants—including dry cleaning, metal plating, chemical manufacturing, etching, antifreeze production, car washes, film production and processing, medical uses, and munitions storage or production, among others—apply to the property subject to the ECAF. It also asks the preparer to identify emerging contaminants other than PFAS, perchlorate and 1,4-Dioxane that were used on-site and to indicate the use associated with those contaminants. It then asks whether the potential presence of emerging contaminants was evaluated and whether lab analyses were done, and it requires explanations if the answer to either of those questions is "no".
According to the United States Environmental Protection Agency, an emerging contaminant is a chemical or material characterized by a perceived, potential or real threat to human health or the environment or by a lack of published health standards. A contaminant also may be "emerging" because of the discovery of a new source or a new pathway to humans. DEEP's remediation regulations do not contain specific numeric cleanup standards for emerging contaminants, but they do require remediation using DEEP's procedures for Additional Polluting Substances (R.C.S.A. § 22a133k-3(i)).
DEEP has also made a number of streamlining and editorial changes to the ECAF instructions and the ECAF itself. For example, the ECAF instructions now include links to statutes and regulations in place of references, and the applicability section of the ECAF has been supplemented to include all the programs under which the ECAF might be filed.
Use of the revised ECAF becomes mandatory after May 31. If you have any questions regarding the ECAF revisions, please feel free to contact any of the attorneys listed in the sidebar. The revised ECAF is accessible here and the revised Instructions are accessible here.
Day Pitney Real Estate, Environmental and Land Use practice co-chair Craig Gianetti was featured in Law360 article "NJ Bill Paves An Aggressive Affordable-Housing Path."
The arrival of Steven Wernick and Joseph Ruiz of Wernick & Co to Day Pitney's Miami office was featured in Miami Today's People column. Wernick and Ruiz are joining the firm's real estate, environmental and land use practices as a partner and counsel. Wernick & Co. built its reputation in the Miami area through experience in land use and zoning.
The Day Pitney Real Estate, Environmental, and Land Use Team, led by practice co-chair Katharine Coffey, represented the developers Russo Development, Onyx Equities LLC, and Dinallo Development LLC/Terminal Construction in connection with multiple transactions facilitating the development of Hackensack Meridian Health's $200 million, first-of-its-kind health care facility at Metropark, a mass transit hub in Woodbridge, NJ.
The arrival of Miami Attorneys Steven J. Wernick and Joseph Ruiz was featured in The Real Deal's Movers and Shakers column. Wernick, who joined as a partner, previously founded Wernick & Co, a Miami-based law firm specializing in land use and urban redevelopment.
Day Pitney Real Estate Partner Steven J. Wernick is featured in the Law360 article, "Revisions Show Fla.'s Dedication To Affordable Housing Law."
The arrival of Miami Real Estate and Land Use Attorneys Steven J. Wernick and Joseph Ruiz were featured in a Law360 article. Wernick and Ruiz joined from Wernick & Co, a land use boutique noted for numerous development projects in Miami's arts-focused Wynwood neighborhood.
The arrival of Miami-based Real Estate Partner Steven Wernick and Joseph Ruiz of Wernick & Co. to the firm's Miami office was featured in Attorney At Law Magazine article, "Day Pitney Continues Growth Trajectory of Corporate Department with Addition of Wernick & Co. in South Florida."
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New Jersey Of Counsel Christopher Stracco and Associates Palak Sharma and Erin Hodgson co-authored a chapter in the American Bar Association’s 28th Edition of The Property Tax Deskbook, which is described by the publisher as a “comprehensive guide provides taxpayers and tax practitioners with an essential, reliable, and annually updated compendium of information about property taxation law and procedure in all 50 states and the District of Columbia.”
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