“Convenience Dumping” – Not So Convenient After All

NJDEP’s launched its “Don’t Waste Our Space” initiative in March 2014 to crack down on illegal waste disposal practices, focusing particularly on protection of State owned lands.  The problem of illegal dumping of construction-related and household waste and debris is apparently real as over first six months the vigorous enforcement initiative has resulted in 20 […]

Supreme Court Clarifies Timing of Spill Act Claims

New Jersey’s Spill Compensation and Control Act (Spill Act) prohibits the discharge of hazardous substances into the environment, and makes dischargers jointly and severally liable for the resulting environmental contamination.  Joint and several liability means the State may collect the entire amount of cleanup costs from one discharger, even when that party was only partially […]

Failure To Record A Wetlands Conversation Restriction Comes Back To Haunt Years Later

Freshwater wetlands permits often involve a Transition Area Waiver Averaging Plan (“TAW”).  A TAW gives the developer the flexibility to modify what otherwise would be the required shape of a transition area without reducing its total square footage.  That flexibility makes TAWs an important tool for developers to maximize the development footprint on an environmentally […]

Toms River Wal-Mart Hits A Snag

In two cases decided by the Appellate Division last week, the Toms River/Manchester Township Wal-Mart suffered a setback.  In an unpublished decision, the Appellate Division determined that the Planning Board approval in Manchester Township was invalid since shopping centers were not a permitted use in the applicable zone when the approval was granted.  In the […]

GH&C Attorneys Prevail In Wetlands Permit Appeal

Accepting the legal arguments made by GH&C attorneys Paul H. Schneider and Afiyfa H. Ellington, the Appellate Division of Superior Court has upheld a freshwater wetlands general permit authorization the NJDEP issued to Lee Brothers, Inc.  The New Jersey Conservation Foundation and the Pinelands Preservation Alliance challenged the general permit authorization, which permits Lee Brothers […]

Middlesex County Sewer Service Area Update Delayed

Developers should take note of recent events pertaining to sewer service areas in Middlesex County.  The Middlesex County Board of Chosen Freeholders did not approve the Future Wastewater Service Area (FWSA) Map that had been proposed for adoption by the Middlesex County Planning Board in conjunction with the New Jersey Department of Environmental Protection (DEP).  […]

GH&C Attorneys Secure Sewage Treatment Rights For Developer

Michael J. Gross and Steven M. Dalton of Giordano, Halleran & Ciesla’s Environmental Department played an instrumental role in securing one of the few site specific amendment approvals issued by the New Jersey Department of Environmental Protection (DEP) under the 2012 Water Quality Planning Act Legislation.  The site specific amendment, approved the day before the […]

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.  […]

Extension of 2012 Water Quality Planning Act Sent to Governor

On the last day of the legislative session both the Assembly and Senate passed and sent to Governor Christie a bill extending the 2012 Water Quality Planning Act.   The 2012 law was enacted to avoid the withdrawal of sewer service areas and to require that DEP resume the review and approval of applications for site […]

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