NJDEP Issues Guidance Document for May, 2014 Remediation Deadline
NJDEP has issued a new “Guidance Document”, detailing requirements for satisfying the State’s requirement that “Remedial Investigations” be completed by May 7, 2014. The Department confirms that the deadline applies to contamination identified, or which should have been identified, on or before May 7, 1999.
Media included in the requirement are soil, groundwater, surface water, sediment [...]
NJDEP Weighs in on 2014 Remediation Deadlines
This morning, NJDEP convened a joint meeting of its Site Remediation Advisory Group (SRAG) and Cooperative Venture Project (CVP). One of the main topics for consideration was whether the Department would entertain extensions from responsible parties who will not meet certain mandatory time frames for cleanups. Current law requires that a “remedial investigation” [...]
DEP UPDATES ON ENFORCEMENT AND LSRP
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:
LSRP Program
Over 1,200 Response Action Outcome (RAO) determinations have been submitted to NJDEP. To date, no RAO has been invalidated by [...]
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 [...]
Spill Act Liability and the “Nexus” Test
On March 18, 2011, the Appellate Division ruled that under New Jersey’s Spill Act, strict liability for environmental discharges also requires proof of a “nexus between the discharge and the need for remediation and consequent damage”. New Jersey Department of Environmental Protection v. Dimant, App. Div. (Parrillo, P.J.A.D.). The court’s discussion and comparison of the State [...]
NJDEP Waiver Rule: A Long Time Coming
Finally, NJDEP has proposed a development friendly, flexible rule which would permit the State to waive strict compliance with certain environmental regulations. Under the proposed rule, NJDEP would consider waiver requests if, for example, the regulation at issue conflicts with another applicable State or Federal rule. The State would also look to advance waiver applications [...]
Escrows and Response Action Outcomes: It’s Over, When it’s Over
Under the new Site Remediation Reform Act (SRRA), in most cases final determinations are made by the Licensed Site Remediation Professional (LSRP). The LSRP, not the State, issues the final “approval”, now known as a Response Action Outcome (RAO). In essence, RAOs replace No Further Action Letters which were issued by the State in the pre-SRRA era.
As [...]
Vapor Intrusion? Check.
Developers in New Jersey are resigned to the fact that development in this region will frequently require careful maneuvering through the State’s maze of environmental regulations. New Jersey has some of the most strict cleanup standards in the nation. From the State’s perspective, vapor intrusion has been pushed to the forefront of remediation checklists. Nonetheless, [...]
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 [...]
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