Due Diligence and the Bermuda Triangle: Getting it Done

Co-authored by Melissa A. Clarke As published in the Spring 2016 edition of Dimensions Due diligence can make or break a deal, and there is a lot on the line for those charged with getting it right.  (1)   From an environmental perspective in New Jersey, that can be daunting. The Bermuda Triangle of diligence […]

NJDEP Deadline Looming for Completing Remedial Investigations

Governor Christie’s signing of Assembly Bill No. 4543 into law in 2014 granted an extension of up to two years for the completion of remedial investigations, postponing the original deadline of May 7, 2014 to May 7, 2016. Those affected by this decision should be aware of the repercussions they will face for failing to […]

Updated DEP Fill Material Guidance To Facilitate Redevelopment

Developers of brownfields and sites regulated by the New Jersey Department of Environmental Protection’s (“DEP”) Site Remediation Program (“SRP”) often struggle with the issue of testing quarry/mine material used as fill.  Suppliers of quarry/mine material are typically reluctant to and often will not allow testing prior to delivery of the material, leaving developers at risk […]

NJDEP Announces New Guidance On “Unrelated Contamination”

The New Jersey Department of Environmental Protection (NJDEP) has announced a specific “Guidance Document” and protocol to assist Licensed Site Remediation Professionals (LSRPs) to address contamination that is suspected to be unrelated to a known discharge undergoing remediation.  In essence, the roadmap provided by NJDEP addresses three basic scenarios where:  (1) contamination is suspected to […]

Deadline For Completing NJDEP Remedial Investigations Extended For Two Years

On January 21, 2014, Governor Christie signed into law Assembly Bill No. 4543, allowing NJDEP to grant up to 2-year extensions for the completion of environmental “remedial investigations.” Under The Site Remediation Reform Act, remedial investigations are required to be completed by May 7, 2014. The extension option would in many cases obviate the need […]

Extension of May 7, 2014 Remedial Investigation Deadline

Yesterday, Assembly Bill No. 4543 passed in both the Assembly and Senate.  If signed by the Governor, the bill would allow NJDEP to grant up to 2-year extensions for the completion of environmental “remedial investigations.”  Under current law, remedial investigations are required by be completed by May 7, 2014 under the Site Remediation Reform Act.  […]

Remedial Investigation Deadline To Be Extended?

The Site Remediation Reform Act requires persons responsible for conducting remediation to complete remedial investigation of the entire contaminated site by May 7, 2014.  Responsible parties who fail to meet the deadline are subject to direct Department oversight and enforcement.  Negative consequences of direct oversight include among other things Department selection of the remedial action, […]

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 […]

Clean Bill Of Health, Without The Clean

Under the old framework at NJDEP, a responsible party would typically petition NJDEP for a “No Further Action Letter” (NFA).  As custom would have it, purchasers and lenders in real estate transactions would request an NFA confirming the obvious – that is—that, literally, no further action is required because the property has been remediated to […]