Holly Hill Holdings v. Lowman
In Holly Hill Holdings v. Lowman, 226 Conn. 748, 628 A.2d 1298 (1993), the Court held that contractual provisions may preclude "a private right of action . . . based on a transferor's noncompliance with pretransfer disclosure regulations." Id., 750.
In that case, the transferee "had actual knowledge of the existing underground gasoline storage tanks . . . that were associated with the service station." Id., 751.
Further, the transferor had not given the transferee or the department of environmental protection the written notification contemplated by the applicable environmental statute. Id.; see also Regs., Conn. State Agencies 22a-449 (d)-1 (d) and (f) (1).
Section 22a-449 (d)-1 (d) of the Regulations of Connecticut State Agencies provides in relevant part: "(1) By May 8, 1986, the owner or operator of each existing facility shall notify the commissioner and the office of the local fire marshal of the results of the life expectancy determination required by subsection (h).
"(2) Within thirty days following completion of installation of a new facility an owner or operator shall notify the commissioner and the office of the local fire marshal of the results of the life expectancy determination required by subsection (h).
"(3) The notification required by subdivisions (1) and (2) of this subsection shall include but not be limited to the following: facility location and capacity, date of installation, contents, type of facility, and type of monitoring systems, if any, results of life expectancy determinations, and any other information which the commissioner deems necessary.
"(4) By May 8, 1986, the owner or operator of an abandoned or temporarily out-of-service facility shall notify the commissioner of the location, type and capacity of such facility and the date it was abandoned or removed from service. . . ."
Section 22a-449 (d)-1 (f) (1) of the Regulations of Connecticut State Agencies provides: "No owner or operator shall transfer ownership, possession or control of any new or existing facility without full disclosure to the transferee of the status of the facility with respect to compliance with these regulations at least fifteen (15) days prior to the transfer. Such disclosure shall include an up-to-date copy of the information submitted to the commissioner pursuant to subsection (d)."