Connecticut General Statutes 22a-452b – Exemptions
(a) Notwithstanding any provision of the general statutes, a mortgagee who acquires title to real estate by virtue of a foreclosure or tender of a deed in lieu of foreclosure, shall not be liable for any assessment, fine or other costs imposed by the state for any spill upon such real estate beyond the value of such real estate, provided such spill occurred prior to the date of acquisition of title to such real estate by such mortgagee.
Terms Used In Connecticut General Statutes 22a-452b
- Commissioner: means the Commissioner of Energy and Environmental Protection or his designated agent. See Connecticut General Statutes 22a-423
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- person: means any individual, partnership, association, firm, limited liability company, corporation or other entity, except a municipality, and includes the federal government, the state or any instrumentality of the state, and any officer or governing or managing body of any partnership, association, firm or corporation or any member or manager of a limited liability company. See Connecticut General Statutes 22a-423
- waters: means all tidal waters, harbors, estuaries, rivers, brooks, watercourses, waterways, wells, springs, lakes, ponds, marshes, drainage systems and all other surface or underground streams, bodies or accumulations of water, natural or artificial, public or private, which are contained within, flow through or border upon this state or any portion thereof. See Connecticut General Statutes 22a-423
(b) Notwithstanding the provisions of § 22a-451, the Commissioner of Energy and Environmental Protection may enter into an agreement with any person or the estate of any person, as applicable, who died or sustained serious bodily injury and for which the commissioner incurred expenses to contain, remove or mitigate the human bodily effects of such death or serious bodily injury on any land or waters of the state. Any such agreement may provide for the payment of less than all: (1) Costs and expenses incurred in containing, removing or mitigating such effects, and (2) legal expenses and court costs incurred by the department in seeking such recovery of costs and expenses. The commissioner shall not seek the recovery of any such costs and expenses from any person or the estate of any person, as applicable, who dies or sustains serious bodily injury, on or after June 6, 2014, and for which the commissioner incurs expenses to contain, remove or mitigate only the human bodily effects of such death or serious bodily injury on any land or waters of the state.