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 […]
Safe Dam Act Casts Broad Net
The Safe Dam Act (SDA) requires “[a]n owner or person having control of a … dam,” such as the dams that form artificial lakes and other impoundments throughout New Jersey, to maintain the dam in accordance with current regulatory standards and to implement “any action ordered” by the Department of Environmental Protection (DEP) to correct […]
DEP Extends Coastal Rules Without Acting On Substantive Changes
Coastal Permit Program Rules, the procedural aspects of DEP’s CAFRA, coastal wetland, and Waterfront Development permitting programs, were set to expire December 15, 2014. DEP took action to extend the existing rules without change for a seven-year term, but has yet to act upon the proposed substantive changes to the Coastal regulations published June 2, […]
DEP Needs Court Order to Seize Control of Private Property
The Appellate Division of Superior Court rejected efforts by the Department of Environmental Protection (DEP) to seize control of private property without first securing a court order, and limited the DEP’s authority to retroactively apply new environmental standards.
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 […]
“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 […]
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