[Adopted 2-8-1993; amended in its entirety effective 7-1-2011 (Ch. 9, Art. I, of the 1989
Code)]
The Town of Southington hereby unites with the Town of Plainville
to form the Plainville-Southington Regional Health District pursuant
to the provisions of Chapter 368F of the Connecticut General Statutes.
It is hereby declared that the purpose of this article is to protect,
preserve and improve the public health of the citizens of the municipalities
of the Plainville-Southington Regional Health District.
[Adopted 12-12-2005 (Ch. 9, Art. VI, of the 1989 Code)]
This article shall be known and may be cited as the "Brownfield
Cleanup Program."
The Town Council hereby finds that there are many abandoned
and likely contaminated properties that threaten the health and vitality
of the communities they burden, and that these sites, known as "brownfields,"
are also contributing to sprawl development and loss of open space.
It is therefore declared that, to advance the policy to conserve,
improve and protect its natural resources and environment and control
water, land and air pollution in order to enhance the health, safety
and welfare of the people of the Town and their overall economic and
social well-being, it is appropriate to adopt this article to encourage
persons to voluntarily remediate brownfield sites for reuse and redevelopment.
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
A person whose request to participate in the brownfield cleanup
program under this article has been accepted by the Town Council.
BROWNFIELD or BROWNFIELD SITE
Any real property, the redevelopment or reuse of which may
be complicated by the presence or potential presence of a hazardous
waste, petroleum, pollutant or contaminant.
BROWNFIELD SITE CLEANUP AGREEMENT
An agreement executed in accordance with this article between
the applicant and the Town for the purpose of completing a brownfield
site remedial program.
BROWNFIELD SITE REMEDIAL PROGRAM or REMEDIAL PROGRAM
All remedial activities or actions undertaken to eliminate,
remove, treat, abate, control, manage or monitor hazardous waste or
petroleum at or emanating from the brownfield site, including, but
not limited to, the following:
A.
Remedial investigation and remedy selection activities needed
to develop such a program.
C.
Construction activities, including, without limitation, grading,
contouring, trenching, grouting, capping, excavating, transporting,
incinerating, thermally treating, chemically treating, biologically
treating, or constructing leachate collection and treatment systems.
D.
Interim remedial measures.
E.
Post-construction operation, maintenance, and monitoring.
F.
Restoration of the environment.
ON-SITE CONTAMINATION
Any hazardous waste or contamination located within the real
property boundaries of a brownfield site.
PERMANENT CLEANUP or PERMANENT REMEDY
A cleanup or remedy that would allow a site to be used for
any purpose without restriction and without a reliance on the long-term
employment of institutional or engineering controls.
Upon certification by the applicant that the remediation requirements
of this article have been achieved for the brownfield site, such applicant
shall submit to the Economic Development Coordinator a final engineering
report prepared by an individual licensed to practice environmental
engineering.