A 'must do' if you have an old UST clean-up

In the summer of 2005, Governor Rell signed into law some time limits to the state's Underground Storage Tank account program, which provides financial reimbursement for the investigation and clean-up costs of leaking underground petroleum-storage tanks. The time limits vary according to the date of the initial application and apply to the initial costs of investigation and clean-up the so-called Remediation Milestones Nos. 1 through 5 of the program. The first of these deadlines is coming soon on October 1, 2009, and may represent the last chance for many to apply for reimbursement for initial costs of clean up.

If your town filed an initial claim for a release to the UST account program before July 1, 2005, you have until October 1, 2009 to submit your supplemental reimbursement applications for costs to complete Remediation Milestones Nos. 1 through 5. Your supplemental application must include the completion date or expected completion date of the work, and they must be submitted within one year of completing the remediation milestone. You must demonstrate that you've completed another Milestone before you can submit any subsequent reimbursement applications—although activities for different milestones can be completed and their costs submitted together. Supplemental applications for costs for Milestones 6 and 7 can still be submitted after the Oct 1, 2009 deadline.

The law provides an extension beyond October 1, 2009 if your application has not been reviewed by the UST Petroleum Clean-up Account Review Board within six months of its receipt by the Clean-up program. Extensions are provided in six-month increments, up to a maximum of two years. The program acts as financial responsibility coverage under federal law and pays only if there is no other liability coverage.

If your town filed an initial claim for a leaky UST after July 1, 2005, you have five years to submit any subsequent reimbursement applications for Remediation Milestones Nos. 1 through 5 for the release. Again, your application must include the date of or the expected completion date of the work, and it must be submitted within one year of completing the remediation milestone. Your application must demonstrate that a Milestone has been completed, although activities for different milestones may be submitted together. You may apply for an extension if your application has been delayed. Supplemental applications for Milestones 6 and 7 may still be submitted after these five years have elapsed. Subsequent applications for costs associated with Milestones 6 & 7 may be accepted indefinitely, no matter the date of the initial application, or until the site meets the state's remediation standards.

To date only 35 municipalities that have underground petroleum storage tanks have applied to the program; 29 applications have been approved and a total of $6,299,792 has been paid. All nine local public entities that have applied to the program have been funded, and they've received a total of $5,802,477 for remediation.

Costs for potable water, contaminated soil remediation, and investigation, and some legal fees are covered. There are restrictions and limits to the program. Responsible party applicants are must pay the first $10,000 in costs and there is an overall cap of $1 million per release. The program acts as financial responsibility coverage under federal law and pays only if there is no other liability coverage.

The program is budgeted $12 million per fiscal year, which is allocated on a first-come, firstserved basis with municipalities and non-profits typically receiving expedited reviews from the Review Board.

If you have questions about the program, please contact Jacques Gilbert, Supervising Environmental Analyst, Connecticut Department of Environmental Protection. Phone (860) 424-3370. www.ct.gov/dep.

What are the Remediation Milestones?*

The state uses a "milestone" approach for reimbursement so that costs can be managed and work can continue uninterrupted throughout an often lengthy remediation process.

Here is a short description of the seven Connecticut General Statutes Milestones:

1. Release response report prepared by an environmental professional, as defined in C.G.S. section 22a-133v, has been submitted to the Commissioner of Environmental Protection (describes initial response, initial site investigation, all interim actions, date of completion of work activities),
2. Report describing interim remedial actions taken (describes removal of free product, provision of potable water, control of soil vapors, date of completion of work),
3. Investigation report and remedial actions taken (detailed description of free product in soil and water, and detailed description of soil and groundwater remediation, cost estimates, and schedule of work),
4. Soil remediation action report (including detailed description of soil pollution, abatement efforts, documentation of remediation, date of completion),
5. Groundwater remedial action (initial) progress report (including detailed description of remedial actions, results of groundwater monitoring, proposed changes, schedule, date of completion),
6. Annual (continuing) groundwater remedial action progress report (limit of four responsible party applications per year for costs associated with this milestone for the release), (includes detailed description of remedial actions, results of groundwater monitoring, analysis of success of remedial actions, schedule, status, and date of completion), and
7. Final remedial action report (submitted and approved by the Commissioner that documents the investigation of the release; the remediation of soil water, and air; the groundwater monitoring, and dates of completion).

* From the www.ct.gov/dep/lib/dep/ustcleanupaccount/milestonefactsheet-final-adobe.pdf