Remediation Programs Update from NJDEP

Co-Authored by Matthew L. Capone This fall, the New Jersey Department of Environmental Protection (“NJDEP”) announced the relaunch of two impactful resources for site remediation, the Brownfield Development Area (“BDA”) Program and the Technical Review Panel (“TRP”). The BDA Program allows selected communities which are affected by multiple brownfield sites to work with Contaminated Site […]

NJDEP Further Extends Site Remediation Timeframes

Co-Authored by Linda M. Lee In 2020, the New Jersey Department of Environmental Protection (“NJDEP”) twice announced limited extensions to certain site remediation timeframes in response to the COVID-19 pandemic. On February 1, 2021, NJDEP issued a Notice of Rule Waiver/Modification/ Suspension (the “Notice”) announcing an additional extension of the statutory timeframes established by the […]

NJDEP DEADLINES AND OTHER REQUIREMENTS REMAIN IN EFFECT DESPITE COVID-19 PANDEMIC

In a Compliance Alert issued yesterday, the New Jersey Department of Environmental Protection (“NJDEP”) made it clear that, despite the current restrictions imposed in response to the COVID-19 pandemic, all regulatory and permitting requirements currently remain in effect. This includes all permitting timelines, site remediation regulatory and mandatory timeframes, permit condition deadlines, and any other […]

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, […]

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