The Transfer Act or \u201cThe Act\u201d It is very dry reading, so I will abridge, translate and\/or spice it up with BOLD commentary<\/strong> to make reading a bit easier. If you have never read a law before this is your chance to get an education in our legislature and legal system. You may ask yourself why laws are written this way and the best answer I can supply is that it is tradition.\u00a0 There can be no benevolent purpose to being obtuse, redundant and overly severe.<\/p>\n The parts that concern Luciano\u2019s Cleaning Clinic \u201ctransfer\u201d or change of ownership are our primary concern here.\u00a0 But there are also some really stupid and badly written or confusing sections.\u00a0 The main gist, then, is transfer of \u201cestablishments<\/strong>\u201d.\u00a0 I italicize establishments<\/em> because that word means ex-Dry Cleaners and ex-Auto Body Shops almost exclusively.\u00a0 \u00a0Also note the unique use of the word \u201csiting<\/strong>\u201d. <\/strong><\/em>Later in the law you will note that the \u201cguidance document<\/em>\u201d which I have italicized is what I would have thought was the law.\u00a0 The law could save a lot of ink if it just told us the DEEP has the power to enforce the guidance document<\/em> and left it at that.<\/p>\n Another curiosity about Connecticut law is reference to \u201cthe commissioner\u201d means the department.\u00a0 In this case when the law says \u201cthe commissioner\u201d it is really saying the DEEP.<\/p>\n Everything that is not bold, both sides of the ellipsis (\u2026) where I have abridged the text is in the law. Sometimes I have italicized some of the text, but it is law. Really, it is, as ridiculous as it reads.\u00a0 I just abridged some and with bold commentary I wrote to accompany it.<\/strong><\/p>\n Start Now:<\/strong> The first stated purpose is to benefit Connecticut by making waste disposal facilities in Connecticut.\u00a0 Hazardous waste from my site would not be stored in Connecticut however and my only option was Massachusetts and New Jersey. \u00a0<\/strong><\/p>\n \u2026 that the safe management of hazardous wastes, including state involvement, is mandated by the federal Resource Conservation and Recovery Act [RCRA] \u2026<\/strong> and implementing regulations; that the siting <\/em>of hazardous waste disposal facilities is in the best interest of Connecticut’s citizens [though often sent out of state instead] <\/strong>and that the public should participate in siting<\/em> decisions.[by \u201cpublic\u201d that is \u201clegislators\u201d and have italicized the word \u201csiting\u201d for emphasis] <\/strong>\u00a0Therefore the General Assembly declares that it is the policy of the state to initiate final remedial action by the year 2000 at each hazardous waste disposal site listed on July 3, 1989, on the inventory maintained by the Commissioner of Energy and Environmental Protection \u2026 [AND] \u2026 <\/strong>to assure the siting<\/em> of hazardous waste disposal facilities so that the health and safety of Connecticut’s citizens and the environmental and economic interests of the state are protected. The purpose of this chapter is to establish a process for the siting<\/em> of hazardous waste facilities that will protect the health and safety of Connecticut citizens and assure responsible economic development and to have that siting process be at least as strict as that required by federal law.<\/p>\n The law is intended to clean up all sites on a list from 1989 and \u201cestablish a process\u201d for cleaning other sites.\u00a0 The second stated purpose is \u201csiting\u201d. Although the definitions section does not make it clear, soon we shall see that \u201csiting\u201d means most often seizing hazardous sites from private owners for taxpayer ownership and responsibility.<\/strong><\/p>\n Sec. 22a-115. Definitions. As used in this chapter:<\/p>\n (1) \u201cHazardous waste\u201d means any waste material which may pose a present or potential hazard to human health or the environment when improperly disposed of, treated, stored, transported, or otherwise managed, including (A) hazardous waste identified in accordance with Section 3001 of the federal Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.),<\/p>\n Searches for USC Title 42 Chapter 1 Subchapter 1 \u00a7 6901 section 3001 sends us to 42 U.S. Code \u00a7 6921 – Identification and listing of hazardous waste, which tells us the categories of hazardous waste. It is not a list of hazards as implied.<\/p>\n <\/strong>(B) hazardous waste identified by regulation by the Department of Energy and Environmental Protection, [In other words, whatever DEEP says it is] <\/strong>\u2026 and<\/p>\n (C) polychlorinated biphenyls [PCBs]<\/strong> in concentrations greater than fifty parts per million, but does not mean by-product material, source material or special nuclear material \u2026 or scrap tires;<\/p>\n We can simplify this list to say that hazardous waste is therefore PCBs plus whatever DEEP says it is but not nuclear material or scrap tires. The nuclear people and the tire people must have good lobbyists.<\/strong><\/p>\n (2) \u201cHazardous waste facility\u201d means [what you think it means. Let\u2019s skip some definitions since they define things to be just what we think they mean.]<\/strong><\/p>\n (3) \u201cDisposal\u201d \u2026 (4) \u201cTreatment\u201d \u2026 (5) \u201cShort-term storage\u201d \u2026 (6) \u201cLong-term storage\u201d \u2026 (7) \u201cMunicipality\u201d \u2026 (8) \u201cPerson\u201d \u2026 (9) \u201cModification\u201d \u2026<\/p>\n Laws could be significantly simplified if the Definitions sections of all the laws were consolidated and every law just says ***See \u201cDefinitions As Defined By Law\u201d in a separate location.\u00a0 <\/strong><\/p>\n (10) \u201cCouncil\u201d means the Connecticut Siting<\/em><\/strong> Council \u2026<\/p>\n The Siting Council is nine full time State Employees who are consulted about seizing land to be used for State created monopolies like hazardous waste disposal, and utilities, power lines, roads, immanent domain, etc.<\/strong><\/p>\n (11) \u201cCommissioner\u201d means the Commissioner of the Department Energy and Environmental Protection;<\/p>\n When the law says The Commissioner shall\u2026\u201d it means the entire department, however.<\/strong><\/p>\n (12) \u201cClosure period\u201d means the first one hundred eighty days after the hazardous waste facility receives its final volume of hazardous waste or any other period \u2026<\/p>\n (13) \u201cPostclosure period\u201d means the first thirty years after the date of completing closure or any other period \u2026<\/p>\n (14) \u201cPermanent council members\u201d means the membership for proceedings under this chapter, consisting of the Commissioners of Public Health and Emergency Services and Public Protection or their designees, five members appointed by the Governor and one designee each of the speaker of the House and the president pro tempore of the Senate;<\/p>\n Important! Three Commissioners, Five Governor Appointments, and One Appointee Each from the House and Senate. \u00a0Ten Permanent Council Members, hereafter called Ten Guys<\/em>.<\/strong><\/p>\n (15) \u201cDevelopment and management\u201d means… What you think it means<\/strong> (16) \u201cFederal Resource Conservation and Recovery Act\u201d means\u2026 What you think it means<\/strong><\/p>\n (17) \u201cRecovery\u201d means a method, technique or process designed to produce materials or substances from hazardous waste for reuse, offering for sale, or sale;<\/p>\n (18) \u201cExisting hazardous waste facility\u201d means a hazardous waste facility in operation on or before June 1, 1983 \u2026<\/p>\n We got though the longest section.\u00a0 Congratulations.\u00a0 In pages that was long, but not in substance, probably true of all sections of law.\u00a0 I used the ellipsis to get us through that one.\u00a0 You saw very few of the total number of words in that section.<\/strong><\/p>\n Sec. 22a-116. Regulations. (a) Except as specified in this chapter the regulations and procedures of the Connecticut Siting Council shall be the same as those for proceedings \u2026<\/p>\n (b) The commissioner shall adopt \u2026 regulations for licenses, permits and approvals \u2026 which must be applied for \u2026 Awkward wording but clear enough. The commissioner will tell you if you need a license, permit or approval.<\/strong><\/p>\n (c) The permanent members of the council [Ten Guys]<\/strong> shall adopt \u2026 regulations for the siting<\/em> of and the development and management of hazardous waste facilities. Such regulations shall establish reasonable application fees to meet administrative costs. The permanent members of the council [Ten Guys]<\/strong> shall also \u2026 establish procedures for an assessment to finance any additional anticipated expenses of reviewing, hearing, and issuing a decision on an application for a hazardous waste facility, including expenses for staff, consultants and studies which such council deems necessary \u2026<\/p>\n It seems important how the procedures to finance are figured, priced and how much of the costs are covered by the \u201creasonable application fees\u201d which in my case were well over $10,000.\u00a0 Based on quotes I got from LEPs that were more than triple what I ultimately paid. I doubt my situation is typical. And LEPs are all very busy and therefore generate a lot of application fees for the State, and I am sure they generate some swimming pools in the second homes of their administrative assistants as well.<\/strong><\/p>\n (d) The commissioner shall adopt regulations \u2026 for the construction, operation, closure and postclosure of hazardous waste facilities.<\/p>\n Sec. 22a-117. Construction or modification of hazardous waste facility. When certificate required. Transfer of certificate. Polychlorinated biphenyls. [PCBs]<\/strong><\/p>\n But we will skip the body of this section because they deal with what happens if there is a complaint against me or if I am found to be in violation of the laws, regulations and policies, and must go to a hearing and defend myself.\u00a0 Thankfully that didn\u2019t happen.<\/p>\n <\/strong>Sec. 22a-118. Application for certificate.<\/p>\n Sec. 22a-119. Hearing on application.<\/p>\n Sec. 22a-120. Parties to certification proceedings<\/p>\n Sec. 22a-121. Record of hearing.<\/p>\n Sec. 22a-122. Decision and opinion. Criteria for decision<\/p>\n Sec. 22a-123. Enforcement of certificate requirements and other standards. Penalties.<\/p>\n Sec. 22a-124. Exclusive jurisdiction of council.<\/p>\n Sec. 22a-126. Use of facility after postclosure period.<\/p>\n Sec. 22a-127. Local project review committee.<\/p>\n Sec. 22a-128. Payments of assessments or negotiated incentives<\/p>\n Sec. 22a-129. Chief elected official’s right of access<\/p>\n Sec. 22a-130. Regulations.<\/p>\n Sec. 22a-131. Civil penalty for violation of hazardous waste program. Any person who violates any provision of the state’s hazardous waste program shall be assessed a civil penalty of not more than twenty-five thousand dollars for each day such violation continues. The Attorney General, upon complaint of the commissioner, shall institute a civil action to recover such penalty. Any amount recovered shall be deposited in the General Fund.<\/p>\n Yikes $25,000 per day if I \u201cviolate any provisions\u201d of this law, and the money deposited directly into the General Fund.<\/strong><\/p>\n Sec. 22a-131a. Penalties. Terms defined. (a) Any person who (1) willfully fails to prepare a manifest required in accordance with the provisions of the State Hazardous Waste Program \u2026 \u00a0or any regulation adopted pursuant to said subsection, (2) knowingly makes any false material statement or representation on any application, label, manifest, record, report, permit or other document required [by this law]<\/strong>\u2026 or said regulations, including any such statement or representation for used oil that is regulated under said subsection, or (3) willfully fails to maintain or knowingly destroys, alters or conceals any record required to be maintained [by this law]<\/strong> \u2026 or said regulations, including any record for used oil that is regulated under said subsection, shall be fined not more than fifty thousand dollars for each day of such violation or imprisoned not more than two years, or both. A subsequent conviction for any such violation shall be a class D felony, except that such conviction shall carry a fine of not more than fifty thousand dollars per day.<\/p>\n Not more than $50,000 per day or two years in prison for \u201cmisrepresentation\u201d of any waste including used oil<\/em>.\u00a0 Doesn\u2019t say motor, vegetable oil, diesel, heating.\u00a0 Says Used Oil is in the Definitions section but I couldn\u2019t find it\u2026 So lying about how you got rid of used oil can take everything we own and put us in prison. <\/strong><\/p>\n (b) Any person who knowingly transports or causes to be transported any hazardous waste to a facility which does not have a permit required \u2026 or who knowingly treats, stores or disposes of any hazardous wastes without a permit \u2026 or who knowingly violates any material condition or requirement of such permit or an order issued by the commissioner regarding treatment, storage or disposal of hazardous waste\u2026\u00a0 Same penalties as above.<\/strong><\/p>\n (c) Any person who knowingly stores, treats, disposes, recycles, transports or causes to be transported or otherwise handles any used oil that is regulated under subsection (c) of section 22a-449 but not identified or listed as hazardous waste in violation of any condition or requirement of a permit under said subsection or under any regulation adopted pursuant to said subsection \u2026\u00a0 Same penalties as above.<\/strong><\/p>\n (d) Any person, who in the commission of a violation for which a penalty would be imposed under subsection (a), (b) or (c) of this section, who knowingly places another person, by commission of such violation, in imminent danger of death or serious bodily injury, shall be fined not more than two hundred fifty thousand dollars or imprisoned not more than fifteen years, or both, and when the violator is an organization, the fine shall be not more than one million dollars. This subsection shall not be construed as a limitation on the amount of fines that may be imposed in accordance with subsection (a), (b) or (c) of this section. As used in this section, \u201corganization\u201d means any legal entity, other than the state or any of its political subdivisions, established for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union or any other association of persons.<\/p>\n The \u201cNot More Than A Million Dollar\u201d corporate crime.<\/strong><\/p>\n (e) Any fine imposed pursuant to this section shall be deposited in the General Fund.<\/p>\n (f) Notwithstanding the provisions \u2026 for the purposes of this section, the terms \u201ctreatment\u201d, \u201cstorage\u201d, \u201cdisposal\u201d, \u201cfacility\u201d, \u201chazardous waste\u201d and \u201cused oil\u201d have the same meaning as provided in the State Hazardous Waste Program \u2026<\/p>\n As mentioned earlier, I can find no definition of \u201cused oil\u201d in the law even though this law says it uses the one in the State Hazardous Waste Program, wherever that is written. No doubt the DEEP commissioner can help us find it in a supporting document as I do not find it in law.<\/strong><\/p>\n Sec. 22a-132. Hazardous waste assessment.<\/p>\n This section is a crazy tax on hazardous waste delivered to treatment facilities.\u00a0 I see no requirement the facilities must be in Connecticut. Up to $12 per cubic yard or a half cent per pound or 6 cents per gallon.\u00a0 How it should be paid and what penalties are in store if you don\u2019t. I skipped it for you. \u00a0Just know they are severe and the waste is sent out of state anyway. Imagine hazardous water pumped from my basement into 55 gallon drums for which I would pay tax in addition to finding it, pumping it out, transporting it out of state, and storing it forever.\u00a0 I feel lucky I didn\u2019t have to do that.<\/strong><\/p>\n Sec. 22a-132a. Administration expenses. Fees. Staff. Consultants.<\/p>\n You might think there was something different from asking for their money from the General Assembly or receiving it from this section of law, but you would be wrong.\u00a0 They just ask the GA when they need money.\u00a0 Their money is in the budget.<\/strong><\/p>\n Sec. 22a-133. Payments prohibited if federal funds available.<\/p>\n If the Federal Government pays then Connecticut cannot, according to law.<\/strong><\/p>\n Sec. 22a-133a. Definitions: Discovery and cleanup of hazardous waste disposal sites.<\/p>\n We\u2019re not quite to the place where we can talk about transfer.\u00a0 <\/strong><\/p>\n Sec. 22a-133b. Discovery and evaluation of hazardous waste disposal sites deemed to pose threat to the environment or public health.<\/p>\n The government will actively look for threats at the Waste Disposal sites.<\/strong><\/p>\n Sec. 22a-133c. Hazardous waste disposal site inventory. The commissioner shall maintain a hazardous waste disposal site inventory \u2026<\/p>\n They will keep a list.<\/strong><\/p>\n Sec. 22a-133d. Site assessments.<\/p>\n They will collect information about sites.<\/strong><\/p>\n Sec. 22a-133e. Remedial action.<\/p>\n They will continue to remedy problems, provide plans to remedy problems, check ways to fund such plans.<\/strong><\/p>\n Sec. 22a-133f. Costs of remedial action. Regulations. (a) The costs of remedial action \u2026 may be paid from (1) available appropriations, or (2) any account authorized [law]<\/strong>\u2026 The costs may be paid from such funds and accounts \u2026 [when] <\/strong>the commissioner is unable to determine the responsible party for the disposal or cleanup of the hazardous waste, (B) the responsible party is not in timely compliance with orders issued by the commissioner to provide remedial action, or (C) the commissioner has not issued a final decision on an order to a responsible party to provide remedial action because of (i) a request for a hearing \u2026<\/p>\n The commissioner can pay for the remedy.<\/strong><\/p>\n Sec. 22a-133g. Reimbursement for costs and expenses of remedial action.<\/p>\n If the commissioner pays for remedies the commissioner will seek reimbursement.<\/strong><\/p>\n Sec. 22a-133h. Telephone line for hazardous waste disposal site information.<\/p>\n An anonymous tip line.<\/strong><\/p>\n Sec. 22a-133i. Bonds. The commissioner may provide the state share of payments of the costs of remedial action pursuant to CERCLA from funds authorized pursuant to subsection (a) of section 29 of special act 87-77 and subdivision (5) of subsection (e) of section 2 of special act 86-54.<\/p>\n No idea what they are talking about there.\u00a0 Sounds very special, though.<\/strong><\/p>\n Sec. 22a-133j. Annual report.<\/p>\n Tells what is in their annual report.<\/strong><\/p>\n Sec. 22a-133k. Regulations establishing standards for the remediation of hazardous waste sites and for review and approval of final remedial action reports.<\/p>\n The commissioner will tell you what you have to do.\u00a0 The law doesn\u2019t say what you have to do, it says to ask the commissioner, he will know.<\/strong><\/p>\n Sec. 22a-133l. Grants to clean up landfills where hazardous waste was disposed of. (a) The Commissioner of Energy and Environmental Protection may establish\u2026<\/p>\n Grants under a complicated set of rules which will probably shuffle taxpayer money to LEPs who test and certify property seized from small businessmen like me when they achieve municipal or state ownership.<\/strong><\/p>\n Sec. 22a-133n. Environmental use restrictions:<\/p>\n A useful section to me.\u00a0 This is how I could avoid remediating or removing lead that was found in testing.\u00a0\u00a0 According to this law I can rather declare that I know about it, record it on the deed to the property \u201cirrevocably\u201d and attach the restriction that the lead must remain covered, paved, and not exposed forever.\u00a0 Lead is bad for children under 6 years old. (2) Within seven days after executing an environmental land use restriction [I doubt all time limits for government action, not gonna happen]<\/strong> and receiving thereon the signature of the commissioner or licensed environmental professional, as the case may be, the owner of the land involved therein shall record such restriction [Oh, I have the time limit, not the government.\u00a0 Never mind.]<\/strong> and documents required \u2026 and shall submit to the commissioner a certificate of title certifying that each interest in such land or any part thereof is irrevocably subordinated to the environmental land use restriction \u2026<\/p>\n (3) An owner of land \u2026 may be released, wholly or in part, permanently or temporarily, from the limitations of such restriction only with the commissioner’s written approval\u2026 The commissioner may waive the requirement to record such release \u2026<\/p>\n This is just tedious and entirely unnecessary.<\/strong><\/p>\n (4) An environmental land use restriction shall survive foreclosure of a mortgage, lien or other encumbrance.<\/p>\n How many times are they going to say it?<\/strong><\/p>\n (c) (1) A notice of activity and use limitation may be used and recorded for releases remediated in accordance with the regulations adopted [Could the language be more awkward?]<\/strong>\u2026 for the following purposes:<\/p>\n (A) To achieve compliance with industrial\/commercial direct exposure criteria, groundwater volatilization criteria, and soil vapor criteria \u2026 by preventing residential activity and use of the area to be affected through the notice of activity and use limitation, provided such property is zoned for industrial or commercial use, is not used for any residential use, and no holder of an interest in such property, other than such owner, has a right of residential use \u2026;<\/p>\n This goes on for several long, single-spaced paragraphs (B) (C) (D) listing quite extensively then ending with<\/strong><\/p>\n \u2026or<\/p>\n (E) Any other purpose the commissioner may prescribe by regulations adopted..<\/p>\n In sum you can get a land use restriction in place of removing the hazardous waste if the Commissioner says you can.\u00a0 But even if the commissioner says you can\u2019t you can circumvent the commissioner (good luck) for any number of reasons listed in these sections. I bet the legal lobby got this section in place to throw a bone to Environmental Lawyers who can make a living opposing the Commissioner in court. <\/strong><\/p>\n (2) No owner shall record a notice of activity and use limitation on the land records of the municipality in which such land is located unless such owner, not later than sixty days prior to such recordation\u2026 [Oh My God, law really does say you can\u2019t do it without the agreement of all owners of property (unless the commissioner says you can) AND you provide \u2026]<\/strong> \u201cwritten notice to each person who holds an interest in such land or any part thereof, including each mortgagee, lessee, lienor and encumbrancer. Such written notice of the proposed notice of activity and use limitation shall be sent by certified mail, return receipt requested, and shall include notice of the existence and location of pollution within such area and the terms of such proposed activity and use limitation. Any such person who holds an interest may waive such sixty-day-notice period in relation to such interest provided such waiver is in writing.<\/p>\n So they have to be involved, sign off on it, be on all applications, AND then in addition to that you have to notify by certified mail what you are doing and what they agreed to do on the form they signed and applied for.<\/strong><\/p>\n (3) A notice of activity and use limitation recorded pursuant to this subsection shall be implemented and adhered to by the owner and subsequent holders of interests in the property, such owner’s successors and assigns, and any person who has a license to use such property or to conduct remediation on any portion of such property.<\/p>\n More redundancies.<\/strong><\/p>\n (4) Any notice of activity and use limitation shall be effective when recorded on the land records of the municipality in which such property is located.<\/p>\n The land use restrictions will take effect when you record it with the City. I was not really confused about that point, but thanks anyway.<\/strong><\/p>\n (5) (A) Any notice of activity and use limitation document, as described in this subsection, shall be prepared on a form prescribed by the commissioner.<\/p>\n There is a form to fill out.\u00a0 Good.\u00a0 I kind of thought so.<\/strong><\/p>\n (B) A notice of activity and use limitation decision document, signed by the commissioner or signed and sealed by a licensed environmental professional, shall be referenced in and recorded with any such notice of activity and use limitation, and shall specify:<\/p>\n Goes into several sections, but I would bet a lot that all of these listed items that must be included in the application will be on the form that is required.<\/strong><\/p>\n Why \u2026 [the activity]<\/strong> \u2026 is appropriate (ii) Any activities and uses that are inconsistent (iii) Any activities and uses to be permitted; (iv) Any obligations and conditions necessary (v) The nature and extent of pollution<\/p>\n (6) A notice of activity and use limitation shall not be used in any area where a prior holder of interest in the property has an interest that allows for the conduct of an activity that interferes with the conditions or purposes described in subparagraphs (A) to (E), inclusive, of subdivision (1) of this subsection or if such interest allows for intrusion into the polluted soil.<\/p>\n More extremely awkward wording.\u00a0 I don\u2019t get it. I tried, but I just can\u2019t read it.\u00a0 I am sure I got a lot further than any of the readers here. I urge anyone reading to just skip this, cannot believe it is law and that it serves any purpose whatever.\u00a0 Read the bold parts I will try to explain what follows, but I cannot explain the above, it is too ridiculous. Something like a grandfather clause that if an activity was allowed on what is now deemed a hazardous property this purports to tell us something about when the DEEP can and\/or cannot require the posting of a sign.<\/strong><\/p>\n (7) Upon transfer of any interest in or a right to use property, or a portion of property that is subject to a notice of activity and use limitation, the owner of such land, any lessee of such land and any person who has the right to subdivide or sublease such property, shall incorporate such notice in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements and any other instrument of transfer provided the failure to incorporate such notice shall not affect the enforceability of any such notice of activity and use limitation.<\/p>\n They just like redundancy.\u00a0 That is the only possible reason for such a paragraph.<\/strong><\/p>\n (8) If a notice of activity and use limitation is extinguished\u2026[and]\u00a0 <\/strong>(9)<\/p>\n Another long section that means taking off the land use restriction means performing the LEP prescribed remedy and removing the pollution.<\/strong><\/p>\n Sec. 22a-133p. Environmental use restrictions: Enforcement of environmental land use restriction, notice of activity and use limitation, statutes and regulations. (a) The Attorney General, at the request of the commissioner, shall institute a civil action in the superior court \u2026 wherein the subject land is located for injunctive or other equitable relief to enforce an environmental land use restriction, a notice of activity and use limitation or the provisions of [law]<\/strong> and regulations \u2026 to recover a civil penalty pursuant to [law]<\/strong>.<\/p>\n (b) The commissioner may issue orders \u2026to enforce an environmental land use restriction\u2026 and regulations adopted pursuant to said sections.<\/p>\n I don\u2019t think anyone ever read this except the writer of the paragraph.<\/strong><\/p>\n (c) In any administrative or civil proceeding instituted by the commissioner to enforce an environmental land use restriction \u2026 any other person may intervene as a matter of right.<\/p>\n (d) In any civil or administrative action to enforce an environmental land use restriction \u2026 the owner of the subject land, and any lessee thereof, shall be strictly liable for any violation \u2026 and shall be jointly and severally liable for abating such violation.<\/p>\n (e) Any owner of land with respect to which an environmental land use restriction \u2026and any lessee of such land, who violates any provision of such restriction or limitation or violates the provisions of sections \u2026 shall be assessed a civil penalty\u2026<\/p>\n Why is there so much redundancy? Perhaps there is a foreboding list somewhere of all the redundant sections of law you break if you \u201cviolate\u201d the land use restriction law and a single action violates so many separate paragraphs with so many aggregate punishments.\u00a0 But I don\u2019t even know how you could violate this one. \u00a0\u00a0Surely the government will check to see that you filed a land use restriction.\u00a0 If you don\u2019t file a restriction I suspect you would know the unfiled restriction is not valid.\u00a0 So the severe penalties are for people who file for restrictions and then violate those restrictions.\u00a0 Duhh.\u00a0 Do they need to say it again?<\/p>\n <\/strong>Sec. 22a-133r. Environmental use restrictions: Abatement of pollution when restriction or notice is void or without effect. In the event that a court of competent jurisdiction finds for any reason that an environmental land use restriction or notice of activity and use limitation is void or without effect for any reason, the owner of the subject land, in accordance with a schedule prescribed by the commissioner, shall promptly abate pollution thereon consistently \u2026<\/p>\n Seems to me if you are polluting on any land, not just land that has a use restriction on it, you should stop even before the commissioner tells you to. And if you don\u2019t you would be liable for crimes other than not following the commissioner\u2019s order to stop.\u00a0 This section of law could never be used against anyone, ever.<\/strong><\/p>\n Sec. 22a-133s. Environmental use restrictions: Other powers not affected. Nothing in sections 22a-133n to 22a-133r, inclusive, shall be construed to affect the commissioner’s authority under any other provision of law to abate or prevent pollution or to enforce any statute, requirement, order or permit issued or administered by him.<\/p>\n God Forbid.\u00a0 Nothing to take away any power from the Commissioner.<\/p>\n The longest section was the Definitions which we got through a long time ago.\u00a0 This is just a lot of redundancy and, forgive my saying so, evident stupidity.\u00a0 If you have ever read any laws you knew that already.\u00a0 If you want to go get a coffee I\u2019ll wait.<\/strong><\/p>\n Sec. 22a-133t. Special Contaminated Property Remediation and Insurance Fund. There is established and created a fund to be known as the \u201cSpecial Contaminated Property Remediation and Insurance Fund\u201d. There shall be deposited in the fund: (1) The proceeds of bonds issued by the state for deposit into said fund and used in accordance with this section; (2) revenues from taxes or fees required to be deposited into the fund pursuant to law; and (3) interest or other income earned on the investment of moneys in the fund pending transfer or use pursuant to this section and section 22a-133u. The fund may contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. Investment earnings credited to the assets of said fund shall become part of the assets of said fund. Any balance remaining in said fund at the end of any fiscal year shall be carried forward in said fund for the fiscal year next succeeding.<\/p>\n I wonder if this fund exists and if so if it really is not raided by the legislature for other projects. I hope I didn\u2019t just give them the idea.<\/strong><\/p>\n Sec. 22a-133u. Uses of Special Contaminated Property Remediation and Insurance Fund. Repayment of funds. Liens. Criteria. (a) The Commissioner of Energy and Environmental Protection may use any funds \u2026<\/p>\n Just say the Commissioner can do anything and be done with it.\u00a0 I am skipping this section.\u00a0 You can find it on line, but I am ashamed to read this far into the law and what this law means for Connecticut. Stupid with no purpose whatever.<\/strong><\/p>\n (b) The Commissioner of Economic and Community Development may use any funds deposited into the Special Contaminated Property Remediation and Insurance Fund \u2026<\/p>\n The same way the Commissioner can use the funds in section (a) above.\u00a0 Skipping the rest.\u00a0 I am going to the bottom of this section. If the Commissioner uses the funds for anything \u201c<\/strong>which said commissioner deems appropriate\u201d it shall be deemed a loan which will be returned to the funds from which the commissioner took it in no more than five years after the sale of the property according to terms approved by the commissioner. We can add the hope and prayer that the legislature did not raid that account. If someone takes the money from the commissioner\u2019s funds to clean their property it shall be a lien, unless that someone is a municipality. Clearly municipalities can have the contaminated land free and clear.<\/strong><\/p>\n (e) The Commissioner of Economic and Community Development shall establish criteria \u2026<\/p>\n There are programs and forms to apply for the loans.<\/strong><\/p>\n Sec. 22a-133v. Licensed environmental professionals. Definitions. Licensing board. Standard of care. Issuance of license. Fees. Suspension or revocation of license or other sanction. Examination. (b) There shall be within the Department of Energy and Environmental Protection a State Board of Examiners of Environmental Professionals. The board shall consist of eleven members. One member, who shall be the chairman of the board, shall be the Commissioner of Energy and Environmental Protection, or his designee. The Governor shall appoint the other ten members of the board who shall consist of the following: Six members shall be licensed environmental professionals or, prior to the publication by the board of the first roster of licensed environmental professionals, persons on the list maintained by the commissioner pursuant to subsection (h) of this section, including at least two having hydrogeology expertise and two who are licensed professional engineers; two members who are active members of an organization that promotes the protection of the environment; one member who is an active member of an organization that promotes business; and one member who is an employee of a lending institution. The members of the board shall administer the provisions of this section as to licensure and issuance, reissuance, suspension or revocation of licenses concerning environmental professionals. The Governor may remove any member of the board for misconduct, incompetence or neglect of duty. The members of the board shall receive no compensation for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties.<\/em> The board shall keep a true and complete record of all its proceedings.<\/p>\n We can call these the Eleven Guys.\u00a0 The chairman is appointed by the Commissioner and the other ten are appointed by the governor with vested interests in the business of hazardous waste.\u00a0 They are obviously lobbyists since they don\u2019t get paid for this state service.\u00a0 In those three short sentences I gave more useful information than the paragraph of five times the length approved by Connecticut lawmakers.<\/strong><\/p>\n (c) A licensed environmental professional [LEP]<\/strong> shall perform his duties in accordance with the standard of care applicable to professionals engaged in such duties….<\/p>\n (d) The commissioner shall receive and account for all moneys derived under the provisions of this section and shall deposit such moneys in the General Fund\u2026.<\/p>\n (e) The board shall authorize the commissioner to issue a license \u2026to any person who demonstrates to the satisfaction of the board that such person\u2026 meets rather strict requirements<\/strong><\/p>\n (f) The board shall authorize the commissioner to issue a license to any applicant who, in the opinion of the board, has satisfactorily met the requirements of this section\u2026.<\/p>\n (g) The board may conduct investigations concerning the conduct of any licensed environmental professional. The commissioner may conduct audits of any actions authorized by law to be performed by a licensed environmental professional. \u2026<\/p>\n (h) The board shall hold the first examination pursuant to this section no later than eighteen months after the date the commissioner adopts regulations \u2026<\/p>\n (i) Nothing in this section shall be construed to authorize a licensed environmental professional to engage in any profession or occupation requiring a license under any other provisions of the general statutes without such license.<\/p>\n Sec. 22a-133w. Voluntary site remediation in GB and GC areas: Licensed environmental professionals. (a) As used in this [law] <\/strong><\/p>\n Finally we are into the areas which directly affect me.\u00a0 Take another break if necessary, but start here:<\/strong><\/p>\n (1) \u201cPhase II environmental site assessment\u201d means an investigation to confirm the presence or absence of a spill on or at a parcel of real property which investigation may include sampling of soil or groundwater in accordance with the provisions of the Transfer Act Site Assessment Guidance Document<\/em> published by the Department of Energy and Environmental Protection, June, 1989, revised November, 1991, or in accordance with comparable provisions in any regulations adopted by the commissioner \u2026<\/p>\n Phase II concerns the \u201cpresence\u201d of hazard and is the investigation Gene paid $20,000 for this investigation that found the three soil samples which caused the rest of the problems.\u00a0 The DEEP published the Guidance Document<\/em> in 1991 that tells the LEPs what they must do and the law says to follow the DEEP document.<\/p>\n I wonder if ANYONE thought that was the essence of the law.<\/p>\n So the law says, in effect, do whatever the DEEP said to do in their guidance document of November of 1991. \u00a0\u00a0Other than that there is dozens of pages that really just tell us how to the DEEP is structured, the few limits on the powers of the DEEP and the severe penalties in store if you figure out how to break the law.<\/strong><\/p>\n (2) \u201cPhase III investigation\u201d means an investigation to ascertain the extent of a spill on or at a parcel of real property in accordance with the provisions of the Transfer Act Site Assessment Guidance Document<\/em> \u2026 (3) \u201cPhase III remedial action plan\u201d means a written plan prepared subsequent to a Phase III investigation as provided in said guidance document<\/em> or such regulations which plan includes information regarding the feasibility of various alternative remediation strategies and an assessment of the costs of such strategies; (4) \u201cSpill\u201d Normal meaning<\/strong>. (5) \u201cCommissioner\u201d Means the DEEP, not a guy.<\/strong><\/p>\n (b) The commissioner shall publish along with any list or roster of licensed environmental professionals \u2026 a record of any work performed by any licensed environmental professional pursuant to a final remedial action \u2026 which is submitted to the commissioner and any action taken by the commissioner with regard to such work.<\/p>\n (c) Any licensed environmental professional who performs any services \u2026 \u00a0shall act with reasonable care and diligence and shall apply the knowledge and skill ordinarily required of a professional in good standing practicing in that field at the time the services are performed.<\/p>\n Why is it necessary to put in this law that LEPs have to \u201cact with reasonable care and diligence\u201d?\u00a0 I can assume that every law says everyone must be careful and honest, except the commissioner and other government employees, who are protected from having to do such things by law.<\/strong><\/p>\n (d) Any licensed environmental professional who performs any services pursuant to section 22a-133y shall not have, develop or acquire any business association or financial interest which is substantial enough to create an impression of influencing his judgment in connection with the performance of such services. No licensed environmental professional shall offer or render such services under an arrangement whereby no fee will be charged if a specified finding or result is attained, or where the payment of his fee, or the amount of the fee, is otherwise dependent upon a specified finding or result of such services.<\/p>\n LEPs must not charge based on results. Imagine this in action.\u00a0 I request a quote from an LEP to test and remedy the property but what I can get is, like what happened to me twice, a quote saying they will drill monitoring wells etc. not dependent on findings. The crew shows up, but they don\u2019t work for me, they work for the LEP who doesn\u2019t work for me either but rather works for the Commissioner and is worried about being audited.\u00a0 The LEP is contracted to do something no one wants to do and no one thinks is necessary.\u00a0 It is required by law.\u00a0 And there are very specific requirements according the 1991 document only the LEP knows.<\/p>\n Things never go as expected drilling wells in New England.\u00a0\u00a0 And so they take the money and by law they must start over again with a new quote and a new job, usually drilling in a different location with no guarantees, by law.\u00a0 No one is happy because the law makes people responsible to not be audited instead of fixing a problem.\u00a0 They have to keep doing the same thing over again until they can approximate the center of the spill, no matter how small.\u00a0 The LEP charges an unhappy customer several times for a job no one thinks is necessary because of The Act.<\/strong><\/p>\n (e) Any licensed environmental professional who violates any provision of subsection (c) or (d) of this section shall be assessed a civil penalty of not more than twenty-five thousand dollars\u2026. \u00a0Any amount recovered shall be deposited into the Special Contaminated Property Remediation and Insurance Fund ..<\/p>\n Let that sink in.<\/strong><\/p>\n Sec. 22a-133x. Investigation and remediation of contaminated real property. Submission of forms. Review by commissioner. Fee. Notification required. (a) For the purposes of this section:<\/p>\n (1) \u201cApplicant\u201d\u2026 (2) \u201cInterim verification\u201d\u2026 (3) \u201cRelease area\u201d (4) \u201cVerification\u201d\u2026 all mean pretty much what you think they mean.<\/strong><\/p>\n (b) Except as provided in [other law], <\/strong>any person may, at any time, submit to the commissioner an environmental condition assessment form for real property and an initial review fee in accordance with [this law]<\/strong>. Such applicant shall use a licensed environmental professional to verify the investigation and remediation, unless not later than thirty days after the commissioner’s receipt of such form, the commissioner notifies such applicant, in writing, that review and written approval of any remedial action at such property by the commissioner will be required. The commissioner shall not process any such form submitted pursuant to this section unless such form is accompanied by the required initial review fee.<\/p>\n This is the procedure followed.\u00a0 It goes like this: Pay your LEP thousands to write the assessment and pay the DEEP thousands to file the assessment. <\/strong><\/p>\n (c) The applicant shall, on or before ninety days after the submission of an environmental condition assessment form, submit a statement of proposed actions for investigating and remediating the parcel or a release area and a schedule for implementing such actions. The commissioner may require the applicant to submit to the commissioner copies of technical plans and reports related to investigation and remediation of the parcel or release area. Notwithstanding any other provision of this section, the commissioner may determine that the commissioner’s review and written approval of such technical plans and reports is necessary at any time, and in such case the commissioner shall notify the applicant of the need for the commissioner’s review and written approval. The commissioner shall require that the certifying party submit to the commissioner all technical plans and reports related to the investigation and remediation of the parcel or release area if the commissioner receives a written request from any person for such information. The applicant shall advise the commissioner of any modifications to the proposed schedule.<\/p>\n After the assessment no actions should be taken for at least 90 days and make sure you submit \u201ctechnical plans and reports\u201d, which the commissioner can demand any time at all.<\/strong><\/p>\n (d) If the commissioner notifies the applicant that the commissioner will formally review and approve in writing the investigation and remediation of the parcel, the applicant shall, on or before thirty days of the receipt of such notice, or such later date as may be approved in writing by the commissioner, submit for the commissioner’s review and written approval a proposed schedule for: (1) Investigating and remediating the parcel or release area; and (2) submitting to the commissioner technical plans, technical reports and progress reports related to such investigation and remediation. Upon the commissioner’s approval of such schedule, the applicant shall, in accordance with the approved schedule, submit technical plans, technical reports and progress reports to the commissioner for the commissioner’s review and written approval. The applicant shall perform all actions identified in the approved technical plans, technical reports and progress reports in accordance with the approved schedule. The commissioner may approve, in writing, any modification proposed in writing by the applicant to such schedule or investigation and remediation and may notify the applicant, in writing, if the commissioner determines that it is appropriate to discontinue formal review and approval of the investigation or remediation.<\/p>\n This was not my experience.\u00a0 I suppose the procedure we followed is according the power of the commissioner to require such things as the commissioner wants such things and impose time limits and forms instead of following this section. Or perhaps there are policies which count the forms submitted as the ones required by law even though they appear to have a very different function.<\/strong><\/p>\n (e) (1) Upon receipt of an interim verification by a licensed environmental professional, the applicant may submit such interim verification to the commissioner. Any applicant who submits an interim verification pursuant to this subdivision shall, until the remediation standards for groundwater are achieved: (A) Operate and maintain the long-term remedy for groundwater in accordance with such interim verification and any applicable approval by the commissioner or remedial action plan; (B) prevent exposure to the groundwater plume; and (C) submit annual status reports to the commissioner.<\/p>\n I submitted annual status reports as required in this section.\u00a0 My time for submission is \u201con or about\u201d March of every year.<\/strong><\/p>\n (2) Upon receipt of a verification by a licensed environmental professional, the applicant shall submit such verification to the commissioner.<\/p>\n I hire the LEP and the LEP submits to me their forms and I send those forms to the Commissioner.\u00a0 I guess that is kind of true.\u00a0 I do have to sign the forms before they are submitted by the LEP, and the LEP insists they have to file them.\u00a0 <\/strong><\/p>\n (f) If, in accordance with the provisions of this section, the commissioner has approved in writing or, as applicable, a licensed environmental professional has verified, that the parcel has been remediated in accordance with the remediation standards, such approval or verification may be used as the basis for submitting a Form II pursuant to \u2026 [law] <\/strong>provided there has been no additional discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste at or on the parcel subsequent to the date of the commissioner’s approval or verification by a licensed environmental professional.<\/p>\n Umm, this says if the commissioner says so or an LEP has verified the 1991 Guidance Document was followed, and there are no further spills then the LEP can file the form. \u00a0\u00a0Imagine spending hundreds of thousands of dollars to clean up, being all done, the commissioner approves and then you have a new spill.\u00a0 If so the law is explicit, and you can read it above.\u00a0 The law has you covered.\u00a0 You can\u2019t file the forms.\u00a0 If you have a new spill, it seems to me, you have worse problems than that.\u00a0 But don\u2019t file, it\u2019s the law.<\/strong><\/p>\n (g) The fee for submitting an environmental condition assessment form to the commissioner pursuant to this section shall be three thousand two hundred fifty dollars and shall be paid at the time the environmental condition assessment form [ECAF]<\/strong> is submitted. Any fee paid pursuant to this section shall be deducted from any fee required by subsection (m) or (n) of section 22a-134e for the transfer of any parcel for which an environmental condition assessment form has been submitted within three years of such transfer.<\/p>\n That is what I paid for the ECAF.<\/strong><\/p>\n (h) Nothing in this section shall be construed to affect or impair the voluntary site remediation process provided for in section 22a-133y. (i) Prior to commencement of remedial action taken under this section, the applicant shall (1) publish notice of the remediation, in accordance with the schedule submitted pursuant to this section, in a newspaper having a substantial circulation in the area affected by the parcel, (2) notify the director of health of the municipality where the parcel is located of the remediation, and (3) either (A) erect and maintain for at least thirty days in a legible condition a sign not less than six feet by four feet on the parcel, which sign shall be clearly visible from the public highway, and shall include the words \u201cENVIRONMENTAL CLEAN-UP IN PROGRESS AT THIS SITE. FOR FURTHER INFORMATION CONTACT:\u201d and include a telephone number for an office from which any interested person may obtain additional information about the remediation, or (B) mail notice of the remediation to each owner of record of property which abuts the parcel, at the last-known address of such owner on the last-completed grand list of the municipality where the parcel is located.<\/p>\n Finally a straight-forward, easy to understand section of law.\u00a0 Either put up a HUGE sign or notify your neighbors.\u00a0 I chose to mail a notice to my neighbors.<\/strong><\/p>\n Sec. 22a-133y. Voluntary site remediation in GB and GC areas: Procedures. Review by commissioner. Environmental use restrictions. (a) On and after January 1, 1996, any licensed environmental \u2026\u00a0 may \u2026 conduct a Phase II environmental site assessment or a Phase III investigation, prepare a Phase III remedial action plan, supervise remediation or submit a final remedial action report to the Commissioner of Energy and Environmental Protection in accordance with the standards provided for remediation in the regulations adopted by the commissioner [the 1991 Guide]<\/strong> \u2026 for any real property which has been subject to a spill and which meets the following criteria: (1) Such property is located in an area classified as GB or GC under the standards adopted by the commissioner for classification of groundwater contamination; and (2) such property is not the subject of any order issued by the commissioner regarding such spill, consent order or stipulated judgment regarding such spill. Any such professional employed by a municipality may enter, without liability, upon any property within such municipality for the purpose of performing an environmental site assessment or investigation if the owner of such property is unknown or such property is encumbered by a lien for taxes due to such municipality. Nothing in this subsection shall affect the ability of any person, firm or corporation to provide any of the services enumerated in this subsection in connection with the remediation of contaminated real property other than as provided for a voluntary site remediation conducted pursuant to this section.<\/p>\n An LEP employed by a municipality can enter any seemingly abandoned property to test for hazards if the property has been \u201csubject to a spill\u201d.\u00a0 Clearly the point is to clear the way seize the property for the municipality under The Act.<\/strong><\/p>\n (b) Following any Phase II environmental site assessment or a Phase III investigation for any such property, any Phase III remedial action plan prepared for purposes of a voluntary site remediation under this section shall be prepared by a licensed environmental professional in accordance with [the 1991 Guidance Document]<\/strong> \u2026 Prior to commencement of remedial action taken pursuant to such plan, the owner of the property shall submit such plan to the commissioner and shall: (1) Publish notice of the remedial action in a newspaper having a substantial circulation in the town where the property is located; (2) notify the director of health of the municipality where the parcel is located; and (3) either (A) erect and maintain for at least thirty days in a legible condition a sign not less than six feet by four feet on the property, which sign shall be clearly visible from the public highway, and shall include the words \u201cENVIRONMENTAL CLEAN-UP IN PROGRESS AT THIS SITE. FOR FURTHER INFORMATION CONTACT:\u201d and include a telephone number for an office from which any interested person may obtain additional information about the remedial action; or (B) mail notice of the remedial action to each owner of record of property which abuts such property, at the address on the last-completed grand list of the relevant town. The commissioner may review such plan and may advise such owner as to the adequacy of such plan. The remedial action shall be conducted under the supervision of a licensed environmental professional. The commissioner shall expedite the process for issuing any permits required under this title for such action. The final remedial action report shall be submitted by a licensed environmental professional. In preparing such report, the licensed environmental professional shall render an opinion, in accordance with the standard of care provided for in \u2026[the law] <\/strong>that the action taken to contain, remove or mitigate the spill is in accordance with the remediation standards for such property adopted by the commissioner under [the law]<\/strong>. The owner of the property shall maintain all records relating to such remedial action for a period of not less than ten years and shall make such records available to the commissioner at any time upon his request.<\/p>\n In my case after doing all this the work was never completed.\u00a0 It was a huge fiasco that led me several times into a court room.<\/strong><\/p>\n (c) Any final remedial action report submitted to the commissioner for such a property by a licensed environmental professional shall be deemed approved unless, within sixty days of such submittal, the commissioner determines, in his sole discretion, that an audit of such remedial action is necessary to assess whether remedial action beyond that which is indicated in such report is necessary for the protection of human health or the environment. Such an audit shall be conducted within six months of such determination. After completing such audit, the commissioner may disapprove the report provided he shall give his reasons therefor in writing and further provided such owner may appeal such disapproval to the superior court in accordance with the provisions of section 4-183. Prior to approving a final remedial action report, the commissioner may enter into a memorandum of understanding with the owner of such property with regard to any further remedial action or monitoring activities on or at such property which the commissioner deems necessary for the protection of human health or the environment.<\/p>\n The Commissioner can stop the process for an \u201caudit\u201d within 60 days of receiving a final report, but you can negotiate with him or take him to Superior Court if you don\u2019t like his reasons.<\/strong><\/p>\n (d) Upon the approval of such report, the owner of the property shall execute and record an environmental use restriction in accordance with \u2026 [law]<\/strong> unless a licensed environmental professional presents evidence, satisfactory to the commissioner, that the remediation has achieved a standard sufficient to render such a restriction unnecessary and the commissioner issues a written finding that such restriction is not necessary. Approval of a final remedial action report pursuant to this section shall be sufficient to support the filing of a Form II, as defined in section 22a-134.<\/p>\n
\n<\/em><\/strong>The Act is found in Connecticut General Statutes Section 22a ENVIRONMENTAL PROTECTION (they write such things in all caps).\u00a0 In Section 22a are contained Chapters 439 to 446 and The Act is in Chapter 445 titled \u201cHAZARDOUS WASTE\u201d. So within that chapter is The Act<\/strong> as we call it, but it is also called \u201c22a-sections 114-134a<\/strong>\u201d.\u00a0 There no specific section heading for The Act, only the numbers. It is named The Transfer Act only in DEEP literature that refers to this section of law.<\/p>\n
\nSec. 22a-114. Legislative finding; policy of the state. The General Assembly finds that improper management of hazardous wastes has contaminated the water, soil and air of the state thereby threatening the health and safety of Connecticut citizens; that the economic benefits to the state from industry are jeopardized if hazardous waste disposal facilities are not available in Connecticut;<\/p>\n
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\nSec. 22a-133o. Environmental use restrictions: Requirements .. If the commissioner has a program and the commissioner says you can apply and all owners agree unless the commissioner says they don\u2019t have to agree\u2026<\/strong><\/p>\n
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\n(d) The amount of any funds received under subsection (b) of this section by any entity other than a municipality shall be a lien against the real property for which the funds were disbursed\u2026.<\/p>\n
\nAs this has become so ridiculously tedious I will summarize that LEPs and the other definitions in this section are just what you think they are.\u00a0 I can\u2019t imagine anyone thinks this law is reasonable and can defend even the expenditure of electronic ink on its production.\u00a0 Well, no one but a lawmaker, whose job it is to make such laws.\u00a0 What a waste.<\/strong><\/p>\n
\nPhase III concerns the \u201cextent\u201d of hazard and is the investigation that is required to delineate precisely where and how much \u201chazard\u201d there is in every \u201cspill\u201d regardless how ridiculously small, as in my case.\u00a0 <\/strong><\/p>\n
\nIn my case I have had several of these very expensive plans prepared.<\/strong><\/p>\n
\nThat is one section down.\u00a0 Wait a second we will get to that.<\/strong><\/p>\n