Environmental
A Connecticut commercial property has USTs (underground storage tanks) that were used to store petroleum products. Upon sale, the owner discovers one tank has leaked. Under the Connecticut Transfer Act, the seller must:
ASimply disclose the leak to DEEP and sell the property as-is
BFile the appropriate Transfer Act form with DEEP, remediate the contamination, or establish an Environmental Land Use Restriction (ELUR) for post-sale cleanup with DEEP oversight✓ Correct
CCap the tanks and sell without further action
DOnly disclose the contamination in the property condition report
Explanation
The Connecticut Transfer Act requires that contaminated property either be fully remediated before transfer or that a Transfer Act form (Form II or III) be filed with DEEP committing to post-sale cleanup with DEEP oversight. Environmental Land Use Restrictions may be used for sites with residual contamination.
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