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” [...]
PRIVATIZING REMEDIATION CASES IN NJ: IS NJDEP REALLY OUT OF THE PICTURE?
With the introduction of the Site Remediation Reform Act (SRRA), New Jersey in effect “privatized” the site remediation process, transferring responsibility for issuing “approvals” from regulators to “Licensed Site Remediation Professionals” (LSRPs). Under previous regulations, NJDEP would ultimately issue final approvals, i.e., No Further Action Letters which would close out the remediation obligations. [...]
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 [...]
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 [...]
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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