Guidance for Requesting a Schedule Extension
under the Property Transfer Act

A schedule extension can be requested for Certifying Parties under the Property Transfer Act [CGS Sections 22a-134a through -134e] to address circumstances that warrant an extension of time. Generally, the Department will review a request in terms of whether the Certifying Party has made continuous, best efforts to complete milestones by the applicable deadlines, yet will have significant difficulty meeting deadlines due to circumstances beyond the control of the Certifying Party. No schedule will be deemed extended unless and until the Department issues an approval of a request in writing.

To submit a request for Department review:

1. Submit the request for schedule extension in writing, by letter addressed to the Supervisor of the relevant District (not via email or telephone).
2. Include the Remediation identification number ("REM ID") applicable to the Certifying Party’s Transfer Act Form filing.
3. Requests should be submitted prior to the expiration of the schedule deadline for which the extension is requested.
4. Requests should be signed and sent either directly from the Certifying Party or from the LEP of record. If from the LEP, the letter should clearly indicate that the Certifying Party is copied on the letter.
5. If there is more than one Certifying Party for the same establishment, the other Certifying Parties for that establishment should be copied on the letter requesting an extension.
6. Requests should address all of the following in sequential sections:
   
   1. the reason(s) for the extension request, including why continuous efforts since the submittal of the Transfer Act filing form (e.g., a Form III) could not complete the milestone event;
   2. all actions taken so far to complete the milestone, including the dates of key actions; 
   3. a brief summary of results obtained so far on the nature and extent of contamination and potential receptors; 
   4. an explanation of the circumstances beyond the control of the Certifying Party that caused significant delay and prevent milestone achievement by the applicable schedule; 
   5. all additional actions needed to complete the milestone for which the extension is sought; 
   6. a proposed expeditious schedule containing calendar dates to complete the remaining actions to complete the milestone;
   7. for sites with detectible TCE in soil or groundwater, a brief evaluation as to how such contamination is being or may need to be addressed with respect to the “Trichloroethylene (TCE) Indoor Air Guidance to Protect Building Occupants from Developmental Risk” published by DPH and DEEP; and  
   8. any additional information the Certifying Party deems relevant to the request for an extension.

While a request is under review, the Certifying Party should continue to take all actions necessary to meet the existing schedule. An approval of any one schedule deadline does not extend any subsequent schedule deadline, unless the subsequent deadline is also expressly extended in the Department’s approval.

Projects with a history of timely completion for remediation milestones, such as completion of investigation and remedial action plan, may be viewed more favorably when the Department considers approval for a verification deadline extension request.  Failure to achieve prior milestones on time may result in rejection of a verification deadline extension request.

The Department may also request supplemental documentation to support a request. If a schedule deadline has passed and there is no extension, the underlying obligations remain due, and the Certifying Party should perform the actions needed to come into compliance as soon as possible to minimize the number of days of noncompliance.

Property Transfer Program