As with any new and major environmental law, the Site Remediation Reform Act (SRRA) had its share of critics from all ends of the political spectrum. The New Jersey environmental activist community was among the most vocal objectors to certain aspects of the proposed Licensed Site Remediation Professional (LSRP) legislation. Executive Order No. 140 was designed by the Governor’s Office to ease the concerns of the environmental groups. » Read the rest of this entry «
Site Remediation Reform Act: What Does Executive Order No. 140 Add to the Licensend Site Remediation Professional Program?
If things go according to NJDEP’s plans, all but a handful of sites will proceed through remediation at a much faster pace under the direction of newly minted Licensed Site Remediation Professionals (LSRPs) and without intervention by NJDEP (except through performance of the occasional audit). LSRPs will meet mandatory time frames, implement LSRP-selected remedies or any presumptive remedies, where applicable, and issue the Response Action Outcome (RAO) confirming that remediation is complete. In a few circumstances, however, NJDEP will remain involved in and have direct oversight of the remediation process. SRRA makes that oversight mandatory in certain cases. In other cases, NJDEP will be able to assume direct oversight at its discretion. » Read the rest of this entry «
Site Remediation Reform Act: How Will a Response Action Outcome Issued by a Licensed Site Remediation Professional Differ From a No Further Action Issued by the NJDEP?
The No Further Action Letter or NFA is a familiar document to the regulated community and its lenders in New Jersey. A certain comfort level has developed over time with the NFA issued by the New Jersey Department of Environmental Protection (NJDEP). As with any new regulatory concept, the introduction of the Response Action Outcome (RAO) issued by a newly permitted Licensed Site Remediation Professional (LSRP) will undoubtedly cause some initial concern. » 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 «
If you are working on a remediation project that started prior to September 2, 2008, at a contaminated site in New Jersey, you have only a few weeks left to provide the public with notice of your site remediation activities. The deadline for compliance is September 2, 2009. The recent amendments to the Technical Requirements for Site Remediation (Tech Rule Amendments for Public Notice) require those responsible for performing remediation of contaminated sites in New Jersey to: » Read the rest of this entry «
Effort to Stimulate Economy Through New Jersey Economic Stimulus Act of 2009 Impacts Development Community
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:
NJ Appellate Division Rules that Commercial Tenants are not Entitled to Personal Notice of a Redevelopment Designation but can Challenge the Designation in a Condemnation Action
On March 13, the Appellate Division decided Iron Mountain Information Management Inc. v. City of Newark, 405 N.J. Super. 599, which addresses the scope of the Appellate Division’s prior ruling in Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (2008), regarding notice requirements under the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (LRHL). In DeRose, the court ruled that a landowner whose property was designated as an “area in need of redevelopment” retains the right to challenge that designation, even after the 45-day limitations period prescribed by the LRHL, unless the landowner receives written notice, at the time of the redevelopment designation, explaining that the designation authorizes the municipality to acquire the property by eminent domain. » 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.