NJDEP Publishes Registration Process for Permit Extension Act of 2020
On July 1, 2020, the Permit Extension Act of 2020 (“PEA”) was signed into law. The PEA extended the terms of certain governmental permits, approvals, and deadlines for the duration of the “COVID-19 Extension Period,” contingent on the holder of the permit or approval registering the affected permit or approval with the issuing state agency. […]
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 […]
Governor Murphy Signs Permit Extension Act of 2020
On July 1, 2020, Governor Murphy signed the Permit Extension Act of 2020 (“PEA”) into law. The PEA extends certain governmental permits, approvals, and deadlines for the duration of the “COVID-19 Extension Period.” The Extension Period begins on March 9, 2020 and continues until the end of the COVID-19 public health emergency. The PEA also […]
NJDEP Upgrades Protections for 600 Miles of Rivers and Streams
Effective April 6, 2020, the New Jersey Department of Environmental Protection (“NJDEP”) adopted rule amendments to the Surface Water Quality Standards, N.J.A.C. 7:9B. The amendments upgraded the designation of approximately 600 miles of rivers and streams to “Category One” (“C1”) waterways. NJDEP identified 14 counties and 67 municipalities “potentially affected” by the C1 upgrades. C1 […]
Executive Order Suspends 90-Day Review of NJDEP Permits
Over the weekend, Governor Murphy signed Executive Order 136 (“EO 136”), which affects the New Jersey Department of Environmental Protection’s (“DEP”) process for reviewing applications for environmental permits. EO 136 is the latest in dozens of orders the Governor has signed in response to the COVID-19 pandemic. EO 136 tolls the timeframes under which DEP […]
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 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 […]
EPA Relaxes Environmental Enforcement During COVID-19 Pandemic
Co-Authored by Linda Lee On March 26, 2020, the United States Environmental Protection Agency (“EPA”) announced “a temporary policy regarding [its] enforcement of environmental legal obligations during the COVID-19 pandemic” (“Policy”). Under the Policy, EPA is able to exercise significant discretion in its enforcement of environmental rules for certain noncompliance resulting from the pandemic. EPA […]
Business Interruptions Due to Coronavirus and Its Impact on Environmental Remediation Deadlines
Co-Authored by Linda Lee Under the Site Remediation Reform Act of 2009 (“SRRA”), N.J.S.A. §§ 58:10C-1 to 58:10C-29, a party responsible for conducting the remediation of a contaminated site must comply with certain mandatory remediation timeframes, as established by the New Jersey Department of Environmental Protection (“NJDEP”). Although “mandatory,” NJDEP may grant an extension of such timeframes […]
Clock Starts on DEP Stormwater Management Green Infrastructure Rule
DEP published its Green Infrastructure Stormwater Rule in the New Jersey Register on March 2, 2020. The amendments followed an extended public stakeholder and internal review process spanning several years. The amended rules replace the nonstructural stormwater management strategies provisions of the prior rules, which were subjective and often led to inconsistent results, with specific […]
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