Connecticut Administrative Code
Title 22a - Environmental Protection
450 - Department of Energy and Environmental Protection Concerning
Section 22a-450-3 - Releases Exempt from Reporting
Universal Citation: CT Reg of State Agencies 22a-450-3
Current through March 14, 2024
(a) Exceptions.
Notwithstanding subsections (a) and (b) of section 22a-450-2 of the Regulations of Connecticut State Agencies, the releases specified in this section do not need to be reported under the release reporting regulations:
(1)
(A) A release that is specifically authorized
by:
(i) A license or order issued by the
commissioner;
(ii) Any state or
federal statute or regulation; or
(iii) A judgment or order of a court of
applicable jurisdiction.
(B) A release that exceeds or otherwise
violates the authorization specified in subparagraph (A) of this subdivision by
the amounts specified in section 22a-450-2 of the Regulations of Connecticut
State Agencies, provided any such release has been reported to the commissioner
or the department in compliance with the terms of a license or order issued by
the commissioner, a judgment of order of a court of applicable jurisdiction, or
a state or federal statute or regulation.
(2) The release of any reportable material:
(A) Under a laboratory fume hood while
performing laboratory functions, provided that such release occurs beneath a
laboratory fume hood, remains fully contained by such hood, and any fumes or
vapors generated by such release are fully vented by such hood; or
(B) From a consumer or industrial product
that occurs when such product is used for its intended purpose in compliance
with all applicable federal, state and local requirements. This includes, but
is not limited to:
(i) A petroleum sheen from
the emission or discharge of an outboard motor in use; or
(ii) The application of a pesticide or
fertilizer, provided the application of such pesticide or fertilizer is in
accordance with the manufacturer's registered label instructions and with state
and federal law.
(3) A release from an agricultural land
activity as long as the activity is conducted in accordance with best
management agricultural practices identified in the "Manual of Best Management
Practices for Agriculture - Guidelines for Protecting Connecticut's Water
Resources" by the Connecticut Department of Environmental Protection and the
U.S. Department of Agriculture's Natural Resources Conservation Services 1993
Revised 1996.
(4) A release that
consists wholly of:
(A) A petroleum sheen
from roadways, driveways or parking lots due to normal vehicular travel or
parking;
(B) Food products,
provided that this exemption shall apply only if the release, and any material
contaminated by the release is not likely to or has not reached the waters of
the state, a wetland or a catch basin;
(C) Domestic sewage, provided that this
exemption shall apply only if:
(i) The amount
released does not exceed one hundred (100) gallons in any period of twenty-four
(24) hours; and
(ii) The release,
and any material contaminated by any such release, has not reached the waters
of the state, a wetland or a catch basin.
(5) A release that is fully contained in an
impermeable secondary containment system, provided that this exemption shall
apply only if:
(A) The amount released does
not exceed one hundred (100) pounds or fifteen (15) gallons, whichever is less,
in any period of twenty-four (24) hours;
(B) The release, and any material
contaminated by the release, is contained and removed or otherwise properly
mitigated by properly trained personnel within two hours of discovery;
and
(C) The release is not from an
underground storage tank system.
(6) A release of radioactive materials,
except that, if a release contains a mixture of a radioactive material and a
reportable material, then this exemption does not apply and the release
reporting regulations, as well as any requirements applicable to the release of
radioactive materials, shall apply.
(b) Miscellaneous Provisions.
(1) If there is a release of a reportable
material specified in section 22a-450-2 of the Regulations of Connecticut State
Agencies and all of the applicable provisions of this section exempting such
release from being reported are not met, the release shall be reported to the
commissioner in accordance with and remain subject to section 22a-450-4 of the
Regulations of Connecticut State Agencies.
(2) Notwithstanding the provisions of this
section, a release required to be reported under section 22a-450-2(c) of the
Regulations of Connecticut State Agencies shall be reported to the commissioner
in accordance with and remain subject to section 22a-450-4 of the Regulations
of Connecticut State Agencies.
(3)
Any person who claims that a release is not reportable under this section shall
bear the burden of demonstrating compliance with the requirements of this
section.
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