- Environmental Law
- Property Development
- Municipal & Government Entity Representation
- Mold Claims Defense For Property Owners
Earlier this month, multiple sources reported an oil leak at a redevelopment site in Haddonfield, New Jersey. According to the Borough of Haddonfield’s press release dated January 6, 2021, the New Jersey Department of Environmental Protection (“NJDEP”) conducted a site visit to a property that is currently in the process of redevelopment. The NJDEP informed the Borough immediately and stated that the leak was likely due to the excavation of an underground storage tank (“UST”) that occurred in late December. The excavation was conducted as part of the redeveloper’s due diligence period. The redeveloper is working on a remediation plan in accordance with NJDEP regulations. At this time, it is unclear what, if any, the environmental impacts of the leak are. The NJDEP is still actively investigating the situation.
New Jersey law generally categorizes USTs into two categories, “unregulated” and “regulated,” for which different regulations apply. USTs are divided into these categories depending on the substance they hold, their size, and their use. Many of these regulations require that any installation or removal of, or work done on, a UST must be done either by or under the direct supervision of a licensed professional. (N.J.A.C. 7:14B et seq.) This is because UST leaks can have major environmental impacts, including threats to drinking water and other public health risks. Contaminants can also damage the property where the leak occurs as well as seep to neighboring properties, contaminating them as well. If an individual discovers a UST leak and/or contamination on their property, it is mandatory to report these findings to the NJDEP.
These leaks can also lead to costly remediation projects, even for those not at fault for the contamination. Remediation is often needed before development of a property may proceed. Buyers of both residential and commercial properties should be sure to use the due diligence period provided during the purchase process to take appropriate action to determine the existence, if any, of USTs on the property they are seeking to purchase. The NJDEP also provides financial assistance and grant programs for certain qualifying individuals performing site remediation due to UST leaks. For more information on these financial assistance programs, visit https://www.nj.gov/dep/srp/finance/.
Borough of Haddonfield Press Release
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
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
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