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Practice Of Real EstateState_specificHARD

A Connecticut commercial real estate transaction involves a property that was used as a gas station until 1995. The seller's licensed environmental professional (LEP) has completed a site investigation and determined that while the underground storage tanks have been removed, residual petroleum contamination remains in the soil below the threshold requiring active remediation under current DEEP standards. Which Transfer Act form is most appropriate for this transfer?

Correct Answer

D) Form I, because the LEP has completed the site investigation and verified that no further action is required

When a licensed environmental professional (LEP) has investigated a Transfer Act establishment and determined that contamination levels are at or below DEEP's remediation standards — meaning no further active remediation is required — a Form I filing is appropriate. Form I certifies that the property has achieved compliance with environmental standards prior to transfer. The LEP's determination that no further action is required is equivalent to a pre-transfer verification of compliance, which is precisely what Form I is designed to document.

Answer Options
A
Form II, because residual contamination still exists and post-transfer monitoring may be required
B
No Transfer Act form is required because the gas station operations ceased more than 20 years ago
C
Form III, because the contamination level is below the threshold requiring active remediation
D
Form I, because the LEP has completed the site investigation and verified that no further action is required

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Related Topics & Key Terms

Key Terms:

transfer_actform_ILEPno_further_actiongas_stationresidual_contamination

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