March 8, 2012 | Comments Off
Posted by Marc Policastro
This morning, Acting Assistant Director Kevin Kratina and Assistant NJDEP Commissioner Wolfgang Skacel briefed the Environmental Bar Section on the status of the Site Remediation (LSRP) Program and NJDEP’s current enforcement policies. Significant updates include:
- Over 1,200 Response Action Outcome (RAO) determinations have been submitted to NJDEP. To date, no RAO has been invalidated by the State. However, RAOs have been withdrawn in instances where NJDEP has rejected methodologies employed in issuance of final approvals.
- NJDEP has issued over 750 deficiency letters in cases where responsible parties are “not continuously remediating.”
Enforcement and Treble Damages
- Significantly, the Department is accelerating efforts to issue enforcement “directives” in an effort to encourage private parties to pursue treble damage claims under the Spill Act.
- Where regulatory violations are deemed to be “minor” and “easily cured”, DEP will now in many cases issue warning letters in lieu of “Notices of Violations.”