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 «

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:

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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. 

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.

On March 31, 2009, Governor Corzine signed into law The Residential Development Solar Energy Systems Act, which will require developers to provide more information and options regarding renewable energy to potential buyers.  The Act applies to residential developments with 25 or more units (that are owner occupied) and requires the developer to include information on solar energy systems and the specific costs in the developer’s advertisements.  Click here to view the Pamphlet Law

On March 16, 2009, the New Jersey Assembly and Senate adopted bill A3772/S2577.  If signed by the Governor, the act would allow for the conversion of age-restricted housing units, pending approval by the local planning or zoning board (who seem to have very little discretion to deny the conversion).  The Bill has met with substantial resistance from local governments and it remains to be seen if it will be signed into law by the Governor. 

To be eligible for conversion, the developer must agree to set aside a percentage of the units in the development (not to exceed 20 %) for the provision of affordable housing.  These units would count towards fulfilling the municipality’s affordable housing obligation.  To be eligible for conversion, the developer must have received preliminary or final approval prior to the bill’s effective date and the developer can not have any deposits from buyers.  » Read the rest of this entry «