Final Environmental Approvals: Wait Just a Second — You’ve Been Audited
Let’s face it, when NJDEP was in the business of issuing “No Further Action Letters” (NFA), a developer or party responsible for a cleanup, had some sense of finality and comfort that the NFA signaled the end of the road, and would limit future costs. Under the LSRP program, the consultant, not DEP, will issue [...]
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 [...]
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