Conn. Gen. Stat. » Title 22a — ENVIRONMENTAL PROTECTION · Chapter 445 — Hazardous Waste
Connecticut General Statutes

Conn. Gen. Stat. § 22a-134b (2025)

Damages

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(a) Failure of the transferor to comply with any of the provisions of sections 22a-134 to 22a-134e, inclusive, and sections 22a-134h and 22a-134i entitles the transferee to recover damages from the transferor, and renders the transferor of the establishment strictly liable, without regard to fault, for all remediation costs and for all direct and indirect damages.

(b) An action to recover damages pursuant to subsection (a) of this section shall be commenced not later than six years after the later of (1) the due date for the filing of the appropriate transfer form pursuant to section 22a-134a, or (2) the actual filing date of the appropriate transfer form.

(c) This section shall apply to any action brought for the reimbursement or recovery of costs associated with investigation and remediation, which includes assessment, investigation, containment, mitigation, removal, remediation and monitoring, and all direct and indirect damages, except any action that becomes final and is no longer subject to appeal on or before October 1, 2009.

(P.A. 85-568, S. 4; P.A. 95-183, S. 5; P.A. 09-235, S. 5; P.A. 10-135, S. 4; Sept. Sp. Sess. P.A. 20-9, S. 7.)

History: P.A. 95-183 added a reference to Sec. 22a-134e and changed “cleanup and removal costs” to “remediation costs”; P.A. 09-235 designated existing provisions as Subsec. (a) and added Subsecs. (b) and (c) re actions, effective July 9, 2009; P.A. 10-135 amended Subsec. (c) by redefining investigation and remediation to include assessment, investigation, containment, mitigation, removal, remediation and monitoring and deleting reference to Sec. 22-452(n), effective July 1, 2010; Sept. Sp. Sess. P.A. 20-9 amended Subsec. (a) by adding reference to Secs. 22a-134h and 22a-134i, effective October 2, 2020.

Trial court properly considered in its valuation of property the possibility of recovering remediation costs pursuant to Transfer Act. 272 C. 14.

Cited. 27 CA 353; 30 CA 204; 43 CA 113.

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Notes of Decisions
Cited in 4 cases, 1992–2004 · leading case: Holly Hill Holdings v. Lowman, 619 A.2d 853 (Conn. App. Ct. 1993).
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Holly Hill Holdings v. Lowman, 619 A.2d 853 (Conn. App. Ct. 1993). · cites it 10× “The defendants do not rely on General Statutes § 22a-134b. 12 See Practice Book § 109A (a).”
Ne. Ct. Econ. All., Inc. v. ATC P'ship, 861 A.2d 473 (Conn. 2004). · cites it 2× “” The president of American Thread signed the applicable Form III on October 25,1985, prior to the sale of the property. There is no indication that Eastern completed a Form III when it transferred the property to the defendant.”
Diamond v. Marcinek, 606 A.2d 1001 (Conn. App. Ct. 1992). · cites it 3× “” General Statutes § 22a-134b. General Statutes §§ 22a-134 through 22a-134d were enacted to protect purchasers of property from being liable for the subsequent discovery of hazardous waste on the property by requiring the transferor of property to submit a formal declaration…”
Calabrese v. McHugh, 170 F. Supp. 2d 243 (D. Conn. 2001). “Section 22a-134b, Conn. Gen.Stat., provides that [failure of the transferor to comply with any of the provisions of sections 22a-134 to 22a-134e, inclusive, entitles the transferee to recover damages from the transferor, and renders the transferor of the establishment strictly…”
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