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 [...]
Drinking Water Standard Delayed
There are currently no Federal or State drinking water standards for perchlorate, a chemical compound detected in certain water supplies in New Jersey and other states. On March 16, 2010, the NJDEP opted to delay adoption of a proposed rule that would establish a maximum contaminant level (MCL) for perchlorate. The proposed rule would have amended [...]
Permit Extension Act and Environmentally Sensitive Areas
The Permit Extension Act (PEA) extends the expiration date of most local, county and state permits, including many environmental permits, to December 31, 2012. Depending on the facts of each case, certain permits may be extended further, to June 30, 2013. However, the PEA excludes permit extensions for permits issued for properties located in “environmentally [...]
Groundwater Contamination: Leave it Alone
If groundwater contamination exists above applicable cleanup standards, is it always necessary to fully remediate? The answer: no. The NJDEP will permit “exceptions” to strict compliance with the State’s “Groundwater Cleanup Standards”. NJDEP will approve a Classification Exception Area (“CEA”), authorizing an owner or operator to leave groundwater contamination in place, without aggressively remediating the [...]
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