Duty to Remediate: Are You on DEP’s Radar?
The Site Remediation Reform Act (SRRA) confirmed what I have been counseling clients for years. In general, if you are a “responsible party” (RP) for remediation, there are just too many ways the State may enforce your obligation to investigate and remediate a release of hazardous substances. Now, under the LSRP program there is simply [...]
Closing Deals, Environmental Hurdles with Industrial Establishments
The Industrial Site Recover Act (ISRA) is not monumentally affected by the LSRP Program. However, the means utilized to work the ISRA maze and close transactions have been altered and the rules of engagement for remediation have changed for sure. When confronted with a site qualifying as an “industrial establishment” in NJ, under the new [...]
Remediation Funding Sources: The Basics
NJDEP frequently requires responsible parties to post a Remediation Funding Source (RFS) to secure remediation obligations. Under current regulations, those conducting cleanups pursuant to the Industrial Site Recovery Act, certain “Spill Act” cases, or those conducting a cleanup under an administrative consent order, must post an RFS. In contrast, if the responsible party is undertaking [...]
Sell First, Cleanup Later
Effective November 3, 2009, under New Jersey’s Site Remediation Reform Act (“SRRA”), an owner or operator wanting to “sell first and cleanup later” can do so, provided a “Remediation Certification” is filed with the New Jersey Department of Environmental Protection (“NJDEP”). The Certification must provide specificity as to the proposed transaction and the manufacturing site, [...]
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