A Glimpse into the New Jersey Department of Environmental Protection

June 24th, 2010 | Posted by: Christopher DeGrezia 0| comments:

2009-02-17 Transfer 426By Ellen Radow Sadat, Esq.

At a well-attended New Jersey Chamber of Commerce Breakfast in late May, Deputy Commissioner Irene Kropp described the evolving organizational responsibilities of three key managers at the New Jersey Department of Environmental Protection (NJDEP), Chief of Staff Magdalena Padilla, Chief Counselor Ray Cantor and Irene Kropp. These responsibilities are evolving as Commissioner Bob Martin develops the Department’s Vision Statement, which should be posted on the NJDEP website soon.  Shortly thereafter, the Department will publish its “Transformation Agenda,” which will be designed to implement the Vision Statement and presumably change the way NJDEP does business.

In the meantime, the Department is actively acknowledging that it should be a  responsive and transparent agency.  There are three key managers who will try to accomplish this goal while attending to the following responsibilities. » Read the rest of this entry «

NJDEP Amends Freshwater Wetlands Mitigation Requirements: New Rules Could Require the Replacement of Wetland Areas as Small as a New Drainage Outfall Pipe

November 18th, 2009 | Posted by: Christopher DeGrezia 2| comments:

Wetlands BankBy John C. Ryder, P.E., P.P., P.W.S., C.M.E.    Effective November 2, 2009, the New Jersey Department of Environmental Protection (NJDEP) has amended the Freshwater Wetlands Protection Act Rules to expanded the list of Freshwater Wetlands Statewide General Permits (SGP) requiring mitigation as follows: SGP No. 2 (Underground utility lines); SGP No. 6 (Isolated wetlands); SGP Nos. 10A & 10B (Road crossings); SGP No. 11 (Outfalls & intake structures); SGP No. 21 (Above ground utility lines); and SGP 27 (Redevelopment of previously disturbed areas).  Wetlands permits previously requiring mitigation included: SGP No. 4 (Hazardous site investigation and cleanup); SGP No. 5 (Landfill closures); and all Individual Permits (IP).  » Read the rest of this entry «

DEP Proposes Rule Changes to Facilitate Wind Turbine and Solar Panels in Appropriate Coastal Areas.

October 30th, 2009 | Posted by: Christopher DeGrezia 0| comments:

2009-02-17-transfer-1170The Department of Environmental Protection is proposing amendments to the Coastal Permit Program rules, N.J.A.C. 7:7, which contain the coastal general permits and the permits-by-rule.  Under this proposal, the Department is proposing a new permit-by-rule and two new coastal general permits for the construction of wind turbines on land; a new permit-by-rule for the construction of solar panels; and is describing the situations in which construction of a wind turbine or solar panel does not require a coastal permit. The Department is also proposing amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, to facilitate the construction of wind turbines in the coastal zone in appropriate locations. » Read the rest of this entry «

Draft DEP Guidance Calls For Local Zoning Approval for Cleanups that Could Delay or Block Remediation or Development Projects?

October 22nd, 2009 | Posted by: Christopher DeGrezia 0| comments:

DEP Guidance - Need for Local Zoning ApprovalBy Ellen Radow Sadat, Esq.  &  Joseph Schmidt, Esq. 

The New Jersey Department of Environmental Protection (”DEP”) is taking another weapon out of its abundant arsenal, which may make it harder to implement reasonable remedial actions and delay cleanups.  Under draft guidance, titled “Requirements for Remedial Actions Rendering Properties Unusable,” issued on October 5, 2009, DEP plans to implement a seemingly innocuous provision of the Site Remediation Reform Act (“SRRA”): » Read the rest of this entry «

The New Site Remediation Reform Act and the Rise of Licensed Site Remediation Professionals

May 21st, 2009 | Posted by: Christopher DeGrezia 0| comments:

Redevelopment- waterfallOn 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.

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