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 & Sinkevich 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

  • Contaminant May Have Leaked into Aquifer at Site of Planned LNG Terminal in Gibbstown. https://t.co/Q1yObrGP5J
    6 days ago
  • Lawmakers move to extend permits for projects derailed by COVID-19. https://t.co/9xw8O2tB1W
    2 weeks ago
  • Governor Murphy signs executive order relaxing deadlines for issuing environmental permits during the COVID-19 pand… https://t.co/d1GD05v82Y
    3 weeks ago
  • New Jersey and coalition of states file lawsuit to block EPA's "Navigable Waters Protection Rule." https://t.co/VOS7HkKCeu
    3 weeks ago

Recent Blog Posts

EPA ROLES BACK FEDERAL WETLANDS PROTECTIONS – AND GETS SUED FOR DOING SO

This past January, the federal government rolled back its protections of wetlands authorized under the United States Clean Water Act. The “Navigable Waters Protection Rule,” effective on June 22, 2020,
Read More
EPA ROLES BACK FEDERAL WETLANDS PROTECTIONS – AND GETS SUED FOR DOING SO

Our Drinking Water and Water Bodies Prevailed in The Maui decision

When most of us think of Maui, we envision great weather, lush vegetation, tiki bars and beaches. The very last thing that comes to mind are sewer plants and the
Read More
Our Drinking Water and Water Bodies Prevailed in The Maui decision

Published Reports Claims EPA is Hiding True Lead Levels in Drinking Water

APM Reports (from American Public Media) has just released a report on May 4, 2020 that raises some critical questions not only about the quality of the water we are
Read More
Published Reports Claims EPA is Hiding True Lead Levels in Drinking Water

Toxic Mercury in Gym Flooring Used by Our Children

We have a giant mercury exposure problem in our New Jersey schools. Rubberized flooring found in school gyms cracks over time. And some, not all of the flooring products have
Read More
Toxic Mercury in Gym Flooring Used by Our Children

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
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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

Quick Contact Form