Search Site
Menu
NJDEP May Extend Statutory Deadlines For Contaminated Site Cleanup Investigation

Under New Jersey’s 2009 Site Remediation Reform Act (SRRA), parties that have been remediating sites since May 1999 (or before), are required to complete the remedial investigation (RI) phase of the site cleanup by May 7, 2014. Failing to complete the investigation by the May 2014 deadline would permit the NJDEP to take direct oversight of the cleanup and require the responsible party to establish a fund for the projected amount of the full cleanup.

On Tuesday, Governor Christie signed  A-4543/S-3075, legislation that authorizes the New Jersey Department of Environmental Protection (NJDEP) to extend the statutory deadline for remedial investigations by two years. This extension has the potential to avoid the need for Direct Oversight by the NJDEP.

To qualify for the extension, the Licensed Site Remediation Professional (LSRP) on record must submit a form to the NJDEP. The form will verify that the person responsible for conducting the remediation has met certain requirements, which include, but are not limited to:

  • retaining an LSRP for the applicable remedial phase
  • meeting applicable deadlines at the time of certification
  • completing preliminary assessment and site investigation (PA/SI) reports, initial receptor evaluations
  • if applicable, completing an immediate environmental concern (IEC) report and/or light non non-aqueous phase liquid (NAPL) interim remedial measure control report
  • establishing a remediation funding source or remediation trust fund, as necessary
  • paying any undisputed NJDEP oversight costs, annual remediation fees, or remediation funding source surcharges

The trust fund requirement is perhaps the greatest drawback of seeking an extension.  This means that a responsible party seeking extension must establish a fund in the amount suspected to be necessary to complete the RI phase. Funding the projected RI cost would of course be less than funding the full remediation as required when a site comes under direct NJDEP oversight, but it may nevertheless be  more funding than a responsible party can post at one time.

In order to qualify for the extension until May 7, 2016, the LSRP must certify that the responsible party has met the above requirements by submitting a form to NJDEP by March 7, 2014. NJDEP is in the process of finalizing the extension form.

The team of environmental attorneys at Lieberman & Blecher are well versed in the process and legalities of site remediation. Our firm will be following this development and the impact that the extension legislation will have on our clients, their properties, and site cleanup obligations.

Additional resources:

Leave a Reply

Your email address will not be published. Required fields are marked *

Our Attorneys

Recent Twitter Posts

  • Newark and Camden receive $400K each to clean up contaminated sites. https://t.co/x3V6AZHkOb
    5 days ago
  • Murphy Administration rejects golf course expansion onto Liberty State Park. https://t.co/cy8lGbz1uJ
    2 weeks ago
  • Preservationists score big win in fight to protect Princeton Battlefield. https://t.co/80vdiYX0GQ
    3 weeks ago
  • Glass recycling plant breaks ground on former quarry land in Sussex County. https://t.co/puNFMPIaOe
    3 weeks ago

Recent Blog Posts

United States Supreme Court Tackles Key Clean Water Act Judicial Review Issue

National Association of Manufacturers v. Department of Defense, et al. 583 U.S. ____ (2018) Decided January 22, 2018 Since the passing of the Clean Water Act in 1972, the definition of “the waters
Read More
United States Supreme Court Tackles Key Clean Water Act Judicial Review Issue

New Jersey Voters to Decide Important State Constitutional Amendment concerning the Environment

On Tuesday, November 7, 2017, New Jersey voters will be asked to decide on a state constitutional amendment regarding the use of natural resource damages collected by the State in
Read More
New Jersey Voters to Decide Important State Constitutional Amendment  concerning the Environment

Appellate Division Case Demonstrates Importance of Carefully Negotiated Escrow Agreements

Real estate transactions involving commercial and residential properties frequently employ the use of escrow agreements to address potential environmental issues.  This practice is widespread in New Jersey and it permits
Read More
Appellate Division Case Demonstrates Importance of Carefully Negotiated Escrow Agreements

NJDEP Updates Soil Remediation Standards for 19 Contaminants

Effective September 18, 2017, new soil remediation standards govern the cleanup of contaminated sites in New Jersey.  The New Jersey Department of Environmental Protection (“NJDEP”) recently updated remedial standards for
Read More
NJDEP Updates Soil Remediation Standards for 19 Contaminants

In the media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form