Currently, the majority of persons that have responsibility for remediating contaminated sites engage one or more independent environmental consultants to perform the actual remediation work and to provide technical advice and support when dealing with the New Jersey Department of Environmental Protection (NJDEP).  Now, pursuant to SRRA, “persons responsible for conducting remediation” (PRCR) (i.e., the client) are required to hire a Licensed Site Remediation Professional (LSRP) (i.e., the client’s environmental consultant) to oversee and approve the remediation.  Already, some environmental consulting firms are working on having their employees licensed as LSRPs and soon some PRCRs may discover that environmental consultants they currently employ have become LSRPs.  A newly constituted Site Remediation Professional Licensing Board (Board) will regulate the conduct of LSRPs and insure their compliance with the many provisions of SRRA intended to guide or govern LSRPs’ decision-making.  The new LSRP program raises several issues concerning how the relationship between PRCRs and the environmental consultants they hire will look going forward: 

• how best to protect the interests of PRCRs in their communications with LSRPs;
• whether to devote additional in-house resources to overseeing remediation projects and the work of the LSRP;
• how to manage client and consultant expectations for identifying remedial issues, documenting choices, and resolving disagreements;
• whether to hire an independent consultant to oversee or conduct remediation work; and
• how to navigate between LSRPs and independent consultants. » Read the rest of this entry «

Eventually, the requirement to hire an Licensed Site Remediation Professional (LSRP) pursuant to the Site Remediation Reform Act (SRRA) will apply to virtually everyone conducting a remediation. Moreover, an LSRP cannot be a salaried employee of the person responsible for conducting remediation, so the LSRP must be someone outside the company.  The time for hiring an LSRP depends on your circumstances:

• Do you have a “new” case where remediation was initiated after May 7, 2009?
• Do you have an existing case where there has been NO remedial activity in more than two years?
• Have you received a final order from NJDEP after May 7, 2009, for penalties concerning remediation or a demand for stipulated penalties under an exiting oversight document?
• Do you have an existing case where remedial activity has been ongoing?

So that you may determine your own site remediation strategy, it is important to understand how NJDEP will approach these different circumstances and how it plans to proceed with implementation of its new remediation paradigm. » Read the rest of this entry «

The investigation and clean up of contaminated sites in New Jersey will never be the same.  Gov. Jon S. Corzine’s May 7, 2009, adoption of the Site Remediation Reform Act (SRRA) started a new chapter in the state’s environmental regulatory history.   Under SRRA, the New Jersey Department of Environmental Protection (NJDEP) takes on a significantly reduced level of direct oversight with respect to the vast majority of cleanups.  In such cases, the NJDEP will no longer be issuing No Further Action letters, or (NFAs).  Rather, qualified private consultants will be authorized as Licensed Site Remediation Professionals (LSRPs), and these professionals will conduct and approve the cleanup of the contaminated sites. LSRPs will issue Response Action Outcomes, or (RAOs), to certify completion of the investigation and cleanup of a contaminated site in accordance with state standards.  Each LSRP’s work product and approved RAOs may be subject to an audit by the NJDEP and a newly formed Licensed Site Remediation Professional Board and its NJDEP staff. » Read the rest of this entry «

Under current law, a municipality may issue a new plenary retail consumption license to a person who operates a hotel or motel containing 100 guest sleeping rooms. Newly adopted legislation now prohibits a municipality from requiring a minimum bid of more than $25,000 plus $50 per sleeping room for the issuance of the license if the dining facilities of the hotel or motel are regularly and principally used to provide only meals for catered events and breakfast for guests of the hotel or motel.  The new legislation also clarifies that its provisions are not to be construed to prohibit a municipality from requiring a minimum bid for the issuance of a license to a hotel or motel that uses its dining facilities for purposes other than the provision of meals for catered events and breakfast for guests.

For a copy of the Pamphlet Law please click here.

By Ellen Radow Sadat, Esq.

If you own real property in New Jersey that is not fully developed, Wastewater Management Plans (WMPs) currently being prepared this Fall by county governments (or NJDEP in the case of plans for Bergen, Burlington, Passaic, Union and Warren counties) may adversely impact the value of your property and its development potential.  WMPs establish Sewer Service Areas which identify the properties that will be served by wastewater treatment systems.  Properties such as corporate campuses, educational campuses, industrial parks, golf courses, residential developments, or vacant land that are currently within a Sewer Service Area could be re-designated to a non-Sewer Service Area, drastically devaluing the property, potentially impacting financing, and effectively eliminating future development options. » Read the rest of this entry «

By Cynthia DeLisi, Esq.   

Gov. Jon S. Corzine signed into law the New Jersey Economic Stimulus Act of 2009 on July 27.   The Act is intended to spur economic growth in the state “through the use of tax increment financing, tax credits, development fee suspensions, and dedicated economic development revenues, along with a more efficient redevelopment process.”  Some provisions in the Act are significant for the development community:

» Read the rest of this entry «

By Joshua Kaplowitz, Esq., LEED

On June 26, the House of Representatives approved the American Clean Energy and Security (“ACES”) Act, legislation aimed at curbing greenhouse gas (GHG) emissions.  While most of the media attention has centered around the bill’s establishment of a mandatory cap on GHG emissions and a complex emissions credit market (i.e. “cap-and-trade”), ACES contains several sweeping provisions which will dramatically impact the green building industry and national land use policies.

» Read the rest of this entry «

With some modifications Senate Bill S-2577 (A-3772), allowing the conversion of age-restricted housing developments, has finally been signed by Gov.  Jon S. Corzine and takes effect immediately.  As reported earlier, the new legislation permits the conversion of age-restricted housing units to non-age-restricted housing units and modifies laws concerning affordable housing.  In May, Gov. Corzine returned the legislation back to the Senate with recommendations.  The new law has evolved to better protect municipalities, making it clear that the reviewing municipal board should approve the conversion where there is no substantial detriment to the public good or impairment of the the intent and purpose of the zone plan and zoning ordinance.  The appeal language has also been modified, allowing an appeal directly to court.  Unlike a typical prerogative writ action, however, the appeal must be filed within 30 days of the applicant’s receipt of the resolution of denial.  For further details and a copy of the Advanced Law click here. 

One of the most significant obstacles to economic growth and development in New Jersey has gone largely unnoticed and if not properly addressed, could jeopardize commercial, residential and industrial growth, and undermine New Jersey’s hope for future economic stability and vitality.  Amendments to the Water Quality Management Planning Rules in 2008 have resulted in an overall shift in how water resource planning is implemented throughout the state.  The new rules are designed to shape development patterns in New Jersey through the designation of sewer and nonsewer waste water disposal areas.  The serious impact of the rules is only now coming to light with the Department of Environmental Protection’s (DEP) introduction of a proposed, dramatically revised Sewer Service Area Maps.  The new maps, currently in draft form, are substantially different than the current maps, removing many undeveloped or partially developed properties from current designations as Sewer Service Areas.   The bottom line is that many properties that are not fully developed, such as golf courses, educational campuses, industrial parks and corporate campuses that are currently within a Sewer Service Area would be redesignated to a non-Sewer Service Area, drastically devaluing the property, potentially impacting financing and effectively eliminating future development options.  Many of the map changes directly conflict with municipal zoning ordinances, master plans and even approved General Development Plans, removing key components that will have a critical impact on a municipality’s fiscal health and in some cases drive N.J. corporations that have purchased sufficient land for future growth around existing facilities to look to relocate outside of the State. 

» Read the rest of this entry «

In an attempt to promote renewable energy, the New Jersey Legislature has proposed a bill (S1303/A3062) that would add the definition of an “inherently beneficial use” to the Municipal Land Use Law and expand the inherently beneficial use status to wind, solar and photovoltaic facilities.  The concept of an inherently beneficial use was created by the courts to lessen the extremely difficult standard of proof required to obtain a use variance where the use being proposed was, by its very nature, beneficial to the community, such as a school or hospital.   In 1997, the concept made its way into the Municipal Land Use Law in order to resolve some ambiguities with the variance standard that was being applied by Zoning Boards, although no definition of an inherently beneficial use has yet appeared in existing statutory law.  » Read the rest of this entry «

On May 4, 2009, Governor Corzine returned Senate Bill No 2577 back to the Senate with recommendations, indicating that he was concerned that the “bill does not go far enough in ensuring the provision of housing for those whose needs the private market has not addressed, and further recommend providing local governmental units with additional approval authority in matters of planning for residential developments.” The bill, as discussed in a prior post, would permit the conversion of age-restricted housing developments to non-age restricted  housing developments under certain circumstances.  In application, it would make modifications to the municipalities affordable housing requirements.   » Read the rest of this entry «

On May 7, 2009, Governor Corzine signed into law the Site Remediation Reform Act (“Act”), starting a new chapter in the State’s regulatory history.  The Act fundamentally changes the way that contaminated sites will be cleaned up in New Jersey.  The New Jersey Department of Environmental Protection (“NJDEP”) will have a significantly reduced level of direct oversight over the vast majority of cleanups.  In such cases, the NJDEP will no longer issuing No Further Action letters.   Rather, qualified private consultants will be authorized as Licensed Site Remediation Professionals (“LSRPs”) and these professionals will conduct and approve  the clean up of the contaminated sites.   Undoubtedly, the current relationship between a client and its environmental consultant, now LSRP, will change as a result of the Act.  LSRPs will issue Response Action Outcomes, or “RAOs”, to certify completion of the investigation and cleanup of a contaminated site in accordance with state standards.  Each LSRP’s work product and approved RAOs will be subject to an audit by a newly formed Licensed Site Remediation Professional Board and its NJDEP staff.  In most cases, a RAO is subject to audit for a period of three years after its issuance. The new law addresses a wide range of topics that will no doubt raise numerous issues as the implementation unfolds.  Stay tuned – more information to come on this topic.