Connecticut business owners and residents may be in for a surprise if new regulations for spills of hazardous substances take effect as proposed by the state Department of Environmental Protection. What began as an effort by the DEP to clarify the applicability and extent of some requirements has resulted in draft regulations that go beyond requiring simple reporting of accidental releases. If the new regulations are adopted as written, they will likely have startling consequences for businesses and homeowners alike.

The proposed “Release Reporting Regulations,” to be adopted as Regs. Conn. State Agencies §22a-450-1 et seq., define releases considered to be reportable under Conn. Gen. Stat. §22a-450. Current law requires the person in charge of any “establishment” to report to the DEP any discharge of oil or petroleum, chemical liquids or solid, liquid or gaseous products or hazardous wastes which pose a potential threat to human health or the environment. Under current law, the definition of what constitutes a “reportable release” is somewhat hazy, as are specific reporting requirements.

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