State Codes and Statutes

Statutes > Connecticut > Title22a > Chap445 > Sec22a-133dd

      Sec. 22a-133dd. Entry onto property to perform environmental site assessment or investigation on behalf of municipality. (a) Any municipality or licensed environmental professional employed or retained by a municipality may enter, without liability to any person other than the Commissioner of Environmental Protection, upon any property within such municipality for the purpose of performing an environmental site assessment or investigation on behalf of the municipality if: (1) The owner of such property cannot be located; (2) such property is encumbered by a lien for taxes due such municipality; (3) upon a filing of a notice of eminent domain; (4) the municipality's legislative body finds that such investigation is in the public interest to determine if the property is underutilized or should be included in any undertaking of development, redevelopment or remediation pursuant to this chapter or chapter 130, 132 or 581; or (5) any official of the municipality reasonably finds such investigation necessary to determine if such property presents a risk to the safety, health or welfare of the public or a risk to the environment. The municipality shall give at least forty-five days' notice of such entry before the first such entry by certified mail to the property owner's last known address of record.

      (b) A municipality accessing or entering a property to perform an investigation pursuant to this section shall not incur any liability pursuant to section 22a-432 for any preexisting contamination or pollution on such property, provided, however, a municipality may be liable for any pollution or contamination resulting from a negligent or reckless investigation.

      (c) The owner of the property may object to such access and entry by the municipality by filing an action in the Superior Court not later than thirty days after receipt of the notice provided pursuant to subsection (a) of this section, provided any objection be limited to the owner affirmatively representing that it is diligently investigating the site in a timely manner and that any municipal taxes owed will be paid in full.

      (P.A. 98-253, S. 12; P.A. 08-174, S. 6.)

      History: P.A. 08-174 designated existing provisions as Subsec. (a) and amended same to add provisions re municipalities, insert "to any person other than the Commissioner of Environmental Protection" provision, add Subdiv. (4) re investigations in the public interest and Subdiv. (5) re investigations to determine risk to the public or environment and make technical changes, added Subsec. (b) re liability pursuant to Sec. 22a-432 and added Subsec. (c) re property owner's right to object to access and entry, effective June 13, 2008.