The Remediation Wire

Legal News Regarding The Environment

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” (RI) be […]

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. Owners and […]

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 […]

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.  […]

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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