Day Pitney Author(s) Harold M. BlindermanElizabeth C. BartonBrianna E. TibettTaylor C. Amato

As of March 4, the Release Reporting Regulations, Sections 22a-450-1 through 22a-450-6 of the Regulations of Connecticut State Agencies (hereinafter referred to as the Spill Reporting Regulations), are in effect.

As reviewed in a prior alert, the Spill Reporting Regulations define when and how releases of oil or petroleum; chemical liquids; solid, liquid or gaseous products; or hazardous waste (collectively, referred to as reportable materials) must be reported to the Connecticut Department of Energy and Environmental Protection (DEEP), and they also define what information must be included in any report. There are three categories of release thresholds that will trigger reporting requirements: (1) releases of 5 gallons or more of oil and petroleum; (2) any quantity of certain high-risk releases (i.e., releases that enter the waters of the state, a wetland or a storm sewer, etc.) and releases of materials of special concern as outlined in Appendix A of the Spill Reporting Regulations; and (3) releases of 1.5 gallons or 10 pounds or more of all other reportable materials not covered by (1) or (2). A flowchart available on DEEP's website illustrates when reporting of a release of reportable materials is required.

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Posted March 14, 2022