A Connecticut developer, Victor, is purchasing a 10-acre parcel that includes a former metal plating facility on 2 acres and undeveloped land on the remaining 8 acres. The seller's LEP has filed a Form II for the 2-acre establishment portion. Victor plans to develop the 8-acre undeveloped portion immediately after closing without waiting for remediation of the 2-acre area. Which of the following best describes the Transfer Act risk to Victor in this scenario?
Correct Answer
B) Victor may face Transfer Act liability if contamination from the 2-acre establishment has migrated or may migrate to the 8-acre undeveloped portion during his development activities
The Connecticut Transfer Act's scope is not necessarily limited to the precise footprint of the establishment. Contamination from a metal plating facility can migrate through soil and groundwater beyond the 2-acre establishment boundary. If Victor conducts development activities on the adjacent 8 acres and those activities disturb contaminated soil or interfere with ongoing remediation, he may trigger additional Transfer Act or environmental liability. Furthermore, as the property owner, Victor takes on certain responsibilities regarding the overall site, and a Form II designating the seller as responsible party does not fully insulate Victor from liability if his own activities exacerbate contamination or interfere with the remediation plan.
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