Whenever an establishment is transferred, the parties
involved must comply with the property transfer law. You should carefully review the
definitions in section 22a- 134 CGS, particularly the definitions of
"establishment" and "transfer of establishment" to accurately
determine the applicability of the property transfer law to the subject transaction. A
transfer generally refers to any change in ownership of the real properties and/or
businesses which meet the definition of establishment. Establishment means any real
property at which or any business operation from which (A) on or after November 19, 1980,
there was generated, except as the result of remediation activities, more than one hundred
kilograms of hazardous waste in any one month or which recycled, reclaimed, reused,
stored, handled, treated, transported or disposed of hazardous waste generated by another
person or municipality, or (B) the process of dry cleaning was conducted on or after May
1, 1967, (C) furniture stripping was conducted on or after May 1, 1967, or (D) a vehicle
body repair shop or vehicle painting shop is or was located on or after May 1, 1967.
Property Transfer Forms (Forms I, II, III & IV) are
provided by the Property Transfer Program. The filing must be on an original or
photocopied form prescribed by the Commissioner.
Complete a Form I when no release of hazardous waste has occurred at the parcel being
transferred.
Complete a Form II when a discharge, spillage, uncontrolled loss, seepage or filtration
of hazardous waste has occurred, but a cleanup has been completed and approved in writing
by the Commissioner or has been verified pursuant to section 2 or 3 of Public Act 95-183
by a licensed environmental professional to have been performed in accordance with the
remediation standards. Written documentation of the Commissioner's approval or with en LEP
verification must accompany the submission of the Form II.
Complete a Form III when a discharge, spillage, uncontrolled loss, seepage or
filtration of hazardous waste has occurred at the parcel or the environmental conditions
at the parcel are unknown. A certi~ing party must certi~ to the Commissioner to
investigate and remediate the site in accordance with the remediation standards. The
statute does not require completion of remediation before the parcel is transferred. Any
person submitting a Form III shall simultaneously submit a completed environmental
condition assessment form (ECAF).
Complete a Form IV when there has been when a discharge, spillage, uncontrolled loss,
seepage or filtration of hazardous waste on the parcel, and all actions to remediate the
site have been taken in accordance with the remediation standards except postremediation
monitoring or natural attenuation monitoring. The person or persons signing the Form IV
must agree, in accordance with the representations made in the form, to conduct
postremediation monitoring or natural attenuation monitoring in accordance with the
remediation standard regulations, and must further certify that if further remediation is
necessary based upon the results of such monitoring, to perform further actions to
remediate the parcel in accordance with the remediation standards. Any person submitting a
Form IV shall simultaneously submit a completed environmental condition assessment form
(ECAF).
Environmental Condition Assessment Form (ECAF)
A form prescribed and provided by the Commissioner and prepared by (A) the
certif~ing party under sections 22a-134 to 22a 134e CGS, inclusive, or (B) the owner of
the property under section 3 of Public Act 95-183 which describes the environmental
condition of the site.
Fees
ft is important to note that for forms filed prior to 10/01/95, a ~fferent fee
structure applies. Questions on forms filed prior to 10/01/95 should be directed to Kim
Maiorano at (860) 424-378&
The fee structure for forms filed after 10/01/95 is as follows:
Form Filing fee is $200.00, and is due in full upon filing.
Form filing fee is $700.00 except when a site was remediated and the
Commissioner approved a cleanup within three years of the transfer, in which case the fee
is the same as for a Form III pursuant to section 22a-134e(m) CGS. The appropriate Form II
fee is due in full upon filing.
Form III filing fees:
Initial fee due upon filing $2,000.00
Form III total filing fee is dependent on whether DEP or LEP approves the cleanup.
If an LEP verifies the cleanup, no subsequent fee is due. If the Commissioner approves
the cleanup, the subsequent fee is based on the cost of cleanup (COC) and is
due 30 days after the Commissioner issues his final approval of the remediation..
is> $ 25,000 and < $ 50,000
· $ 2,500 if COC is> $ 50,000 and < $ 100,000
· $12,000 if COC is> $ 100,000 and < $ 500,000
· $18,000 if COC is> $ 500,000 and < $1,000,000
· $21,000 if COC is> $1,000,000
![[Company Logo Image]](images/teclogo.gif)
