The Remediation Wire

Legal News Regarding The Environment

Supreme Court Opens Door for Spill Act Claims

On January 26, 2015, in Morristown Associates v. Grant Oil Co., (A-38-13) (073248), the New Jersey Supreme Court confirmed that the general six-year statute of limitations contained in N.J.S.A. 2A:14-1 does not apply to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11f(a)(2)(a).  Consequently, individuals or entities […]

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 […]

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 […]

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 […]

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, […]

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 […]

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