Search Site

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

  • New Jersey sets emergency water standards for new chemicals.
    5 months ago
  • How will New Jersey manage stormwater as the climate changes and flooding increases?
    5 months ago
  • Unprecedented storms are slamming NJ – learn how to be the best advocate for your clients when the next flood hits.…
    5 months ago
  • Trenton Water Works has removed 25 percent of lead pipes throughout its service area.
    5 months ago

Recent Blog Posts

Supreme Court concludes that attorney review period is not a requirement of absolute auction contracts

On June 9, 2022, the New Jersey Supreme Court unanimously decided that attorney review period is not a required contractual provision for a residential real estate sale by absolute auction.
Read More
Supreme Court concludes that attorney review period is not a requirement of absolute auction contracts

It Depends on the Language – The Non-Disparagement Clause

How enforceable is a non-disparagement clause in an agreement? As is always the case with any contract or agreement, it depends on the language. On May 31, 2022, the Appellate Division
Read More
It Depends on the Language – The Non-Disparagement Clause

DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls

By Michele Donato, Esq. and Stuart Lieberman, Esq. In the 1990’s, developers claimed that municipal residential development ordinances lacked uniformity, increased development costs, and caused uncertainty in the development process. In
Read More
DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls

Previous Property Manager Charged with Embezzling and Laundering Stolen Funds from Hamilton Park CO-OP.

Nicolas DePaola of Ewing New Jersey was indicted on twelve charges for embezzling and laundering stolen money from his prior client, Hamilton Park CO-OP. On April 1, 2022, a Mercer
Read More
Previous Property Manager Charged with Embezzling and Laundering Stolen Funds from Hamilton Park CO-OP.

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 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