The Remediation Wire

Legal News Regarding The Environment

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 [...]

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, [...]

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 [...]