NJDEP Posts Updated Guidance Regarding Capping of Volatile Contaminants for the Impact to Ground Water Pathway
Co-Authored by Carmella Gubbiotti On February 5, 2019, the New Jersey Department of Environmental Protection (NJDEP) posted an update to its guidance document entitled Capping of Volatile Contaminants for the Impact to Ground Water Pathway. The original guidance document, issued on August 30, 2018, provided a new remedial alternative/compliance option to address the Impact to […]
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) […]
CAFRA Centers: Toms River Current But Others Expiring?
The long awaited Toms River coastal/CAFRA center designation process is complete. DEP took action to accept the State Planning Commission’s changed planning area boundaries for Toms River, including its Regional Center and Core Community Development Boundaries in the coastal area. Notice of DEP’s acceptance of the planning area boundaries, as required under the Coastal Rules, […]
NJ Appellate Division Upholds $225 Million NJDEP Settlement with Exxon Mobil for Natural Resource Damages, Grants Environmental Groups Right to Appeal
In February 2018, New Jersey’s Appellate Division upheld a consent judgment that settled the New Jersey Department of Environmental Protection (NJDEP)’s claims against Exxon Mobil Corporation (Exxon) under the New Jersey Spill Compensation and Control Act to recover natural resource damages (NRD) for the Bayway refinery in Linden and another facility in Bayonne. The Exxon NRD decision, […]
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 […]
DEP Establishes Stringent Drinking Water Standards for Emerging Contaminants
In November 2017, DEP announced stringent standards for the treatment of certain Per- and Polyfluoroalkyl Substances (PFAS), making New Jersey the first state to set formal Maximum Contaminant Levels (MCLs) requiring statewide testing of public drinking water systems for perfluorooctoanic acid (PFOA) and perfluorononanoic acid (PFNA). Historically, PFAS were used in a wide variety of […]
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 […]
NJ SUPREME COURT REFUSES TO REVIEW DECISION INVALIDATING DEP’S COASTAL PUBLIC ACCESS RULE
The uncertainty involving the New Jersey Department of Environmental Protection’s (“DEP”) Public Access Rule promulgated in 2012 under the Coastal Zone Management Rules continues. The Supreme Court by Order dated June 17, 2016 denied the State’s Petition for Certification to challenge the Appellate Division’s Hackensack Riverkeeper, Inc. and NY/NJ Baykeeper v DEP, 443 N.J. Super […]
DEP To Ramp-up Waterfront Development Compliance Efforts
DEP recently announced that it will more aggressively enforce Waterfront Development and CAFRA permitting compliance issues with respect to development along the waterfront. DEP’s compliance initiative will involve unannounced inspections by boat conducted by its Waterfront Enforcement Team (WET) at active waterfront construction sites. Owners of property along the waterfront who are engaged in development […]
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 […]
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