Property Transfer Program
The Property Transfer Law requires the disclosure of environmental conditions when certain properties and/or businesses ("establishments") are transferred. When an establishment is transferred, one of four Property Transfer Forms must be completed, signed, executed and filed with DEEP, per Sections 22a-134 through 22a-134e of the Connecticut General Statutes. The Property Transfer Law also requires that a party signing the Property Transfer Form certification agrees to investigate the parcel and remediate pollution caused by any release of a hazardous waste or hazardous substance from the establishment.
On October 1, 2019, changes to the Property Transfer Law became effective through Public Act 19-75The two major changes are:
- The Public Act compels DEEP’s Commissioner to make an audit or no audit decision within one year of submittal of a LEP verification; and
- The Public Act contains a new exclusion from the definition of establishment:
"Establishment" does not include any business operation from which more than one hundred kilograms of hazardous waste was generated in any one month solely as a result of either:
(i) The one-time generation of hazardous waste in any one month, as a result of either the first time such waste was generated or such a one-time generation since the last time a Form I, Form II, Form III or Form IV was required to be submitted; or
(ii) One or more of the following:
(I) Remediation of polluted soil, groundwater or sediment;
(II) The removal or abatement of building materials or removal of materials used for maintaining or operating a building;
(III) The removal of unused chemicals or materials as a result of the emptying or clearing out of a building, provided such removal is supported by facts reasonably established at the time of such removal; or
(IV) The complete cessation of a business operation, provided the waste is removed not later than ninety days after such cessation and such cessation is supported by facts reasonably established at the time of such cessation.
Prescribed Forms for Property Transfer Filings and LEP Verification
Forms that Must Accompany Each Transfer of Establishment:
Property Transfer Fee Payment Form
Environmental Condition Assessment Form (ECAF) and Instructions
Instructions for Completing Forms I, II, III and IV for the Transfer of Establishments
- Transfer of Establishment - Form I (Business Only)
- Transfer of Establishment - Form I (Real Estate)
- Transfer of Establishment - Form II (Business Only)
- Transfer of Establishment - Form II (Real Estate)
- Transfer of Establishment - Form III (Business Only)
- Transfer of Establishment - Form III (Real Estate)
- Transfer of Establishment - Form IV (Business Only)
- Transfer of Establishment - Form IV (Real Estate)
- LEP Verification Forms (Forms I through IV for Business and Property, Voluntary Remediation, and RCRA Corrective Action)
Transmittal Forms for Property Transfer Milestones, Requests, and Notices
Additional Information
Site Characterization
Remediation Division Permits
Remediation Standard Regulations
Environmental Land Use Restrictions
Engineered Control Variances
Covenant Not to Sue
SEMS (CERCLIS) "Comfort Letter" and Archive Policy
Ecological Risk Assessment
Reuse of Polluted Soils
Content Last Updated October 7, 2019