NJDEP Adopts Amended Remediation Standards
The New Jersey Department of Environmental Protection (“DEP”) published notice on May 17, 2021 of its March 31, 2021 adoption of amended remediation standards set forth at N.J.A.C. 7:26D-1.1 et seq. (55 N.J.R. 775). It also released a plethora of new and updated guidance documents intended to assist remediation professionals and responsible parties navigate the […]
NJDEP Notice of Rule Waiver/Modification/Suspension: Extension of Timeframes for Certain Remediation Activities
On August 17, 2020, the New Jersey Department of Environmental Protection (“NJDEP” or “Department”) issued a Notice of Rule Waiver/Modification/Suspension (“Notice”) pursuant to Executive Order No. 103. This Notice further extends certain timeframes for remediation activities, for a total of 270 days, inclusive of the prior 90-day extension authorized by the NJDEP’s April 24, 2020 […]
NJDEP Extends Certain Site Remediation Deadlines
Following up on a Compliance Alert advising that all regulatory requirements remain in place, the New Jersey Department of Environmental Protection (“NJDEP”) announced late last week that it was extending certain regulatory timeframes applicable to the remediation of contaminated sites. The specific timelines are set forth in the Administrative Requirements for the Remediation of Contaminated […]
NJDEP to Clarify Use of Rounding in Determining Compliance with Remediation Standards
Co-Authored by Linda M. Lee According to the New Jersey Department of Environmental Protection (“NJDEP”), it has been receiving an increased number of inquiries regarding whether rounding analytical data is a legitimate method of determining compliance with remediation standards. In response, NJDEP is planning to reconvene a stakeholder committee in January 2020 to discuss the […]
New Jersey Appellate Division Affirms Municipal Court Jurisdiction to Enforce Spill Act Penalties
On November 13, 2019, the Appellate Division held that the New Jersey Department of Environmental Protection (“DEP”) can bring a penalty enforcement action under the Spill Compensation and Control Act (the “Spill Act”), N.J.S.A. 58:10-23.11 et seq., in either the Superior Court or the municipal court with territorial jurisdiction. State of New Jersey Department of […]
NJDEP Decreases Most Remediation Fees in 2020
Co-Authored by Carmella M. Gubbiotti On June 17, 2019, the New Jersey Department of Environmental Protection (“NJDEP”) published notice of the Annual Site Remediation Reform Act Program Fee Calculation Report, including updated remediation fees for 2020. The report provides for a decrease in annual remediation fees and remedial action permit activity fees; however, it provides […]
Are You Prepared to Meet the May 7, 2019 Regulatory Deadline for Remedial Actions?
Responsible parties have an affirmative obligation to remediate contaminated sites pursuant to New Jersey’s Site Remediation Reform Act (SRRA), enacted in 2009. For sites where the discharge was discovered prior to May 7, 1999, the initial deadline under SRRA to complete remedial investigation was May 7, 2014. Subsequent amendments to SRRA afforded a two (2) […]
Recent Developments in Site Remediation: Revised Soil Remediation Standards
On September 18, 2017, the New Jersey Department of Environmental Protection (DEP) updated the soil remediation standards for nineteen contaminants. These changes, which took effect on September 18, 2017, are significant for persons responsible for remediating contaminated property, environmental professionals, and potential purchasers of contaminated sites, as the new standards may impact remediation requirements. The […]
Property Transfers Among Family Members Do Not Negate Innocent Party Status For Remediation Funding Grants
The cost to remediate contaminated sites can be significant and the scope of liability under environmental laws is deliberately broad. In many cases under theories of strict, joint and several liability, property owners inherit liability for environmental contamination caused by predecessor owners. The affirmative innocent purchaser defense is intended to provide a mechanism to limit […]
The Highest and Best Use Valuation for Property – The Synergy Between the Condemnation Award and the Escrow Amount
The Appellate Division of Superior Court recently published a decision providing further clarification of the seminal New Jersey Supreme Court condemnation case Housing Authority v. Suydam Investors, L.L.C. By way of background, in Suydam, the Court held that a condemned contaminated property should be valued “as if remediated” rather than “as is” when determining the […]
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