APPLICATION
CONNECTICUT BROWNFIELDS REMEDIATION AND
REVITALIZATION PROGRAM
CGS § 32-769
APPLICANT INFORMATION
Applicant Name: Telephone #:
Applicant Mailing Address: Email Address:
Contact Person:
Are you applying as a:Bona Fide Prospective Purchaser Contiguous Property Owner Innocent Landowner or Transferee
- The following information requested below by DECD may not necessarily apply to eachapplicant based uponthe type of application being made.
PROPERTY LOCATION (attach a site map andproperty assessors’ card):
Address: City/Town:
County: Planning Region:
Acres: Square Footage: Zoning: Groundwater Classification:
Historic Property/District
Property is within ½ mile of transit stop
APPLICANT REPRESENTATIVE INFORMATION (e.g. Attorney, Consultant, acting of behalf of applicant,if applicable):
Representative Name:Title:
Representative Mailing Address:
Telephone #: Fax#: Email Address:
Relationship to Applicant:
OWNER OF RECORD
Owner of Record:
Address: City/Town/Zip:
DATE THEAPPLICANT ACQUIRED THE PROPERTY OR DATE OF INTENDED ACQUISITION BY APPLICANT:
What is the assessed value of the landas stated on the last-completed grand list of the relevant town?
Is there a purchase and sales agreement in place?
BROWNFIELD DESCRIPTION:
The property is (check as applicable):
Vacant - the property has been vacant since
Underutilized- the property has been underutilized since
Identify current uses
Describe how the presence orpotential presence of pollution has inhibited redevelopment, reuse or expansion (attach narrative factual description):
PROJECT DESCRIPTION: attach a one-page narrative,describing the proposed project. The description should include the following; name of property or business, acreage, building area, past use, proposed use, anticipated benefits (jobs created and/or retained, housing units, alternative energy sources, green-building goals, park land/open space, etc), and any other information and benefits that would be helpful to DECD and DEEP in reviewing the project.
CONTIGUOUS PROPERTY INFORMATION (For Contiguous Property Owners only):
ContiguousProperty Address (Address of the contiguous parcel which is asserted to be the source of pollution on applicant’s property):
Contiguous Property Owner:
Contiguous Property Mailing Address (if different):
Telephone #: Fax#: Email Address:
TRANSFEREE INFORMATION (For Transferee applicants only):
Describe how the Eligible Party already accepted into the program is in compliance with the provisions of C.G.S Section 32-769and the brownfield investigation plan and remediation schedule.
If the conveyance or transfer of subject property will occur before the submittal of a remedial action report and verification or interim verification:
Describe how the Transferee meets the eligibility criteria set forth in C.G.S Section 32-769[FD1], complies with all the obligations undertaken by the eligible party under BRRP and timely pays the greater of: (i) any fee required by subsection (g) or (h) of this section not yet paid by such eligible party, or (ii) a fee of ten thousand dollars:
If the conveyance or transfer of all or part of the subject property will occur after theCommissioner of Energy and Environmental Protection has issued either a no audit letter or successful audit closure letter, or no audit decision has been made by said commissioner within one hundred eighty days after the submittal of the remedial action report and verification or interim verification:
Describe how the Transferee meets the eligibility criteria set forth in C.G.S Section 32-769, pays the ten thousand dollar fee required by subsection (m)(3) and complies with all the obligations undertaken by the eligible party under BRRP:
APPICATION INSTRUCTIONS: please transmit a PDF application package to Don Friday at or to
CERTIFICATION: By signing below, I certify that I have personally examined and am familiar with the information submitted in this document, and all attachments thereto, including inquiry of those individuals immediately responsible for obtaining such information, and certify that the submitted information is true, accurate and complete, to the best of my knowledge and belief. Without limiting the generality of the preceding sentence, I further certify that the following statements are true.
(1) The applicant meets the definition of a bona fide prospective purchaser, innocent landowner or contiguous property owner;
(2) The property meets the definition of a brownfield and has been subject to a release of a regulated substance in an amount that is in excess of the remediation standards;
(3) The applicant did not establish, create or maintain a source of pollution to the waters of the state for purposes of section CGS § 22a-432 and is not responsible pursuant to any other provision of the general statutes for any pollution or source of pollution on the property;
(4) The applicant is not affiliated with any person responsible for such pollution or source of pollution through any direct or indirect familial relationship or any contractual, corporate or financial relationship other than that by which such purchaser’s interest in such property is to be conveyed or financed; and
(5) The property is not (A) currently the subject of an enforcement action, including any consent order issued by the Department of Energy and Environmental Protection or the United States Environmental Protection Agency under any current Department of Energy and Environmental Protection or United States Environmental Protection Agency program, (B) listed on the national priorities list of hazardous waste disposal sites compiled by the United States Environmental Protection Agency pursuant to 42 USC 9605, (C) listed on the State of Connecticut Superfund Priority List, or (D) subject to corrective action as may be required by the federal Resource Conservation and Recovery Act of 1976, 42 USC 6901 et seq.
The person signing certifies that he or she is legally authorized to sign on behalf of the applicant and to legally bind the applicant.
______
Authorized Signature(s) Name of Person Signing (print or type)
______
Title (if applicable)
STATEWIDE PORTFOLIO FACTORS
As provided for in CGS § 32-769, this information is required to assist the Commissioner of Economic and Community Development, working with the Commissioner of Energy and Environmental Protection, to ensure a geographic distribution and a diversity of projects and broad access to the brownfield remediation and revitalization program. Please address the following project attributes or information that may be applicable to your project in accordance with the instructions, and attach any additional relevant or supporting documentation.
- Job creation and retention: Please identify number of FTE jobs created and retained as a result of the project.
Provide an estimate of construction jobs resulting from the project (if obtainable)
- Sustainability: Please identify sustainability attributes related to smart growth principals and including use of
green building practices, alternative energy sources, energy conservation and other practices that reduce the facility’s carbon footprint and reliance on personal automotive use and fossil fuels.
- Readiness to proceed: Please provide a statement of readiness regarding required permits and approvals needed
to implement the project and project financing:
- Population of the municipality where the property is located:
- Project size:Please provide acreage, building area, number of businesses, number of jobs, and significance to
community etc.
- Project complexity:Related to number 5 above, please identify issues related to the complexity of the project,
including regulatory issues, title issues, number of property owners, etc
- Duration and degree to which the property has been underused:
- Projected increase to the municipal grand list:Please provide the assessed value of the property as stated in the
last completed municipal grand list and an estimate of the affect to the municipal grand list based on the assessed value of the land.
- Consistency of the property as remediated and developed with municipal or regional planning objectives:
Please provide a letter from the municipal and/or regional planning organization confirming the consistency.
- The development plan’s support for and furtherance of principles of smart growth, as defined in section 1
of public act 09-230, or transit-oriented development, as defined in CGS§13b-79o
ATTACHMENTS
Title search
Town Assessor’s Card
Phase I Environmental Site Assessment conducted by or for the bona fide prospective purchaser or the contiguous property, owner which shall be prepared in accordance with prevailing standards and guidelines.
Current Property Inspection
Documentation demonstrating satisfaction of the eligibility criteria required under the Certification Section.
Information about the project that relates to the State-wide Portfolio Factors
Additional information as requested by the Commissioner
DEFINITIONS
“Brownfield” means any abandoned or underutilized site where redevelopment, reuse or expansion has not occurred due to the presence or potential presence of pollution in the buildings, soil or groundwater that requires investigation or remediation before or in conjunction with the redevelopment, reuse or expansion of the property;
“Bona fide prospective purchaser” means a person who acquires ownership of a property after July 1, 2011, and establishes by a preponderance of the evidence that:(A) All disposal of regulated substances at the property occurred before such person acquired the property;(B) Such person made all appropriate inquiries, as set forth in 40 CFR Part 312, into the previous ownership and uses of the property in accordance with generally accepted good commercial and customary standards and practices, including, but not limited to, the standards and practices set forth in the ASTM Standard Practice for Environmental Site Assessments, Phase I Environmental Site Assessment Process, E1527-13, as may be amended from time to time. In the case of property in residential or other similar use at the time of purchase by a nongovernmental or noncommercial entity, a property inspection and a title search that reveal no basis for further investigation shall be considered to satisfy the requirements of this subparagraph;(C) Such person provides all legally required notices with respect to the discovery or release of any regulated substances at the property;(D) Such person exercises appropriate care with respect to regulated substances found at the property by taking reasonable steps to (i) stop any continuing release, (ii) prevent any threatened future release, and (iii) prevent or limit human, environmental or natural resource exposure to any previously released regulated substance;(E) Such person provides full cooperation, assistance and access to persons authorized to conduct response actions or natural resource restoration at the property, including, but not limited to, the cooperation and access necessary for the installation, integrity, operation and maintenance of any complete or partial response actions or natural resource restoration at the property;(F) Such person complies with any land use restrictions established or relied on in connection with the response action at the property and does not impede the effectiveness or integrity of any institutional control employed at the property in connection with a response action; and(G) Such person complies with any request for information from the Commissioner of Energy and Environmental Protection;
"Contiguous property owner" means a person who owns real property contiguous to or otherwise similarly situated with respect to, and that is or may be contaminated by a release or threatened release of a regulated substance from, real property that is not owned by that person, provided: (A) With respect to the property owned by such person, such person takes reasonable steps to (i) stop any continuing release of any regulated substance released on or from the property, (ii) prevent any threatened future release of any regulated substance released on or from the property, and (iii) prevent or limit human, environmental or natural resource exposure to any regulated substance released on or from the property; (B) Such person provides full cooperation, assistance and access to persons authorized to conduct response actions or natural resource restoration at the property from which there has been a release or threatened release, including, but not limited to, the cooperation and access necessary for the installation, integrity, operation and maintenance of any complete or partial response action or natural resource restoration at the property; (C) Such person complies with any land use restrictions established or relied on in connection with the response action at the property and does not impede the effectiveness or integrity of any institutional control employed in connection with a response action; (D) Such person complies with any request for information from the Commissioner of Environmental Protection; and(E) Such person provides all legally required notices with respect to the discovery or release of any hazardous substances at the property.
"Innocent landowner" in accordance with Section 22a-452d of the general statutes means: (A) A person holding an interest in real estate, other than a security interest, that, while owned by that person, is subject to a spill or discharge if the spill or discharge is caused solely by any one of or any combination of the following: (i) An act of God; (ii) an act of war; (iii) an act or omission of a third party other than an employee, agent or lessee of the landowner or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the landowner, unless there was a reasonably foreseeable threat of pollution or the landowner knew or had reason to know of the act or omission and failed to take reasonable steps to prevent the spill or discharge, or (iv) an act or omission occurring in connection with a contractual arrangement arising from a published tariff and acceptance for carriage by a common carrier by rail, unless there was a reasonably foreseeable threat of pollution or the landowner knew, or had reason to know, of the act or omission and failed to take reasonable steps to prevent the spill or discharge; or (B) a person who acquires an interest in real estate, other than a security interest, after the date of a spill or discharge if the person is not otherwise liable for the spill or discharge as the result of actions taken before the acquisition and, at the time of acquisition, the person (i) does not know and has no reason to know of the spill or discharge, and inquires, consistent with good commercial or customary practices, into the previous uses of the property; (ii) is a government entity; (iii) acquires the interest in real estate by inheritance or bequest; or (iv) acquires the interest in real estate as an executor or administrator of a decedent's estate.
1
[FD1]The property and eligible party have already been approved into BRRP. My thoughts are the transferee has to qualify with these criteria of subsection (a) to be accepted into BRRP: (1) as BFPP, (3) not an RP, (4) not affiliated with an RP.