Sec.22a-450-2. Releases Subject to Reporting

(a) Oil or Petroleum.

Unless an exemption in section 22a-450-3 of the Regulations of Connecticut State Agencies applies, a person required to report a release, shall report the release of oil or petroleum specified in this subsection.

(1) The release of any quantity of oil or petroleum if:

(A) The amount released is not known;

(B) The release is to or enters any waters of the state or a wetland;

(C) The release enters a storm sewer, sanitary sewer, combined sewer system or catch basin;

(D) The release is from or suspected to be from an underground storage tank system, including, but not limited to, into any secondary containment system, except drips from a dispenser nozzle during use for fuel dispensing.

(E) The release is known to contain PCBs, or for a release of the following where the PCB content is unknown: dielectric fluid or hydraulic oil in vehicle lifts or elevators; or

(F) The release creates, or can reasonably be expected to create, a hazard, a fire, an explosion or threat of explosion, or poses an immediate actual or imminent potential threat to human health, public safety, or the environment.

(2) The release of five (5) gallons or more of oil or petroleum if released within any period of twenty-four (24) hours.

(3) The release of less than five (5) gallons of oil or petroleum unless, within two (2) hours of discovery, the release is contained and removed or otherwise properly mitigated.

(b) A Reportable Material Other than Oil or Petroleum.

A person required to report a release, shall report the release of a reportable material, other than oil or petroleum, specified in this subsection.

(1) The release of any quantity of a reportable material, other than oil or petroleum, if:

(A) The release contains a concentration of thirty (30) percent or more by weight of any Material of Special Concern listed in Appendix A, section 22a-450-6 of the Regulations of Connecticut State Agencies unless such release occurs beneath a laboratory fume hood, remains fully contained by such hood, and any fumes or vapors generated by such release are fully vented by such hood;

(B) The amount released is not known;

(C) The material released is not known;

(D) A restricted use pesticide is released in a manner that does not comply with state or federal law;

(E) A prohibited pesticide is released;

(F) PCBs, or materials containing PCBs, including, but not limited to, caulking materials, paints, silicones, roofing materials, are released;

(G) A halogenated solvent is released;

(H) The release is to or enters the waters of the state or a wetland;

(I) The release enters a storm sewer, sanitary sewer, combined sewer system or catch basin;

(J) The release is from an underground storage tank system, including, but not limited to, into any secondary containment system;

(K) The release contains per- or polyfluoroalkyl substances, commonly referred to as PFAS, in liquid form, and includes, but is not limited to, chemicals commonly referred to as PFOS, PFOA, PFNA, PFHpA, and PFHxS; or

(L) The release creates, or can reasonably be expected to create, a hazard, a fire, an explosion or threat of explosion, or poses an immediate actual or imminent potential threat to human health, public safety, or the environment.

(2) Unless an exemption in section 22a-450-3 of the Regulations of Connecticut State Agencies applies:

(A) The release of either ten (10) pounds or more or one-and-a-half (1.5) gallons or more, of a reportable material other than oil or petroleum, if released within any period of twenty-four (24) hours; or

(B) The release of either less than ten (10) pounds or less than one-and-a-half (1.5) gallons of a reportable material other than oil or petroleum unless, within two (2) hours of discovery, properly trained personnel have either contained and removed or otherwise properly mitigated the release.

(c) Imminent Releases and Other Releases Required to be Reported.

Regardless of whether an exemption in section 22a-450-3 of the Regulations of Connecticut State Agencies applies, a person required to report a release shall report the imminent release or actual release of a reportable material if such imminent release or actual release creates, or can reasonably be expected to create, a hazard, a fire, an explosion or threat of explosion, or poses an immediate actual or imminent potential threat to human health, public safety, or the environment.

(d) The Report.

Any report under this section, submitted by a person required to report a release, shall comply with the requirements of section 22a-450-4 of the Regulations of Connecticut State Agencies.

(e) Miscellaneous Provisions.

(1) For purposes of subsection (b)(1)(A) of this section, if there is no reasonable means of determining whether the release contains a concentration of thirty (30) percent or more by weight of any Material of Special Concern listed in Appendix A, section 22a-450-6 of the Regulations of Connecticut State Agencies, such release shall be reported to the commissioner in accordance with section 22a-450-4 of the Regulations of Connecticut State Agencies.

(2) If subsection (a), (b), or (c) of this section applies to a release of a reportable material, the reportable quantity for such material shall be the lowest or smallest reportable quantity provided for in this section. If a reportable material is mixed with another reportable material, subsection (a), (b), or (c) of this section shall apply to each reportable material in such mixture.

(Effective March 4, 2022)