May 25, 2020

Are You Prepared to Meet the May 7, 2019 Regulatory Deadline for Remedial Actions?

Responsible parties have an affirmative obligation to remediate contaminated sites pursuant to New Jersey’s Site Remediation Reform Act (SRRA), enacted in 2009. For sites where the discharge was discovered prior to May 7, 1999, the initial deadline under SRRA to complete remedial investigation was May 7, 2014. Subsequent amendments to SRRA afforded a two (2) year extension of the remedial investigation deadline to responsible parties that applied to the New Jersey Department of Environmental Protection (NJDEP) for such an extension. A responsible party that either (a) did not obtain an extension of this deadline or (b) completed the remedial investigation, including submission of the remedial investigation report on or before May 7, 2014, must complete the remedial action by May 7, 2019, as set forth in New Jersey’s Technical Requirements for Site Remediation at N.J.A.C. 7:26E-5.8(b).

A responsible party’s failure to meet the remedial action regulatory deadline of May 7, 2019, may expose the site to Direct Oversight requirements, whereby NJDEP resumes pre-SRRA control of the remediation case, including the timing and funding of the remedial action. In addition to needing NJDEP approval for submissions and expenditures, a responsible party in Direct Oversight will be required to establish a remediation trust fund in the full amount of the estimated cleanup, among other burdensome requirements.

For sites that will use institutional or engineering controls and require remedial action permits as part of the remedial action, NJDEP has advised that remediating parties should submit remedial action permit applications at least 90 days prior to the deadline (on or before Wednesday, February 6, 2019). In our experience, it is taking NJDEP longer than 3 months to process these permit applications, and extension requests will be necessary where NJDEP has not issued necessary remedial action permit(s) prior to May 7, 2019.

Responsible parties that are concerned about meeting the May 7, 2019, regulatory deadline for remedial action should apply for an extension at least 30 days prior thereto (on or before Friday, April 5, 2019). GH&C’s environmental attorneys are available to review and assess regulatory compliance with SRRA and to assist with extension requests.

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About this Author

Michael J. Gross, Giordano Law Firm, Environmental Attorney
Shareholder/Managing Partner

Mike, chair of the Environmental Law Practice Area, handles all aspects of New Jersey and federal environmental law, including permitting and litigation, CAFRA, sewage disposal and water supply, wetlands, riparian (tidelands) law, solid waste, flood hazard areas, siting of energy and other industrial facilities, site remediation, Pinelands, Highlands, cultural resources, stormwater, wastewater planning, water and air pollution. He also appears before planning and zoning boards and has handled complex construction litigation matters.

Mike is...

Paul H. Schneider, Giordano Law Firm, Litigation Attorney

Paul, Chair of the Environmental & Land Use Litigation Practice Area, focuses his practice in environmental, redevelopment, land use, regulatory, real estate and affordable housing law, and litigation. He also handles a wide variety of redevelopment matters as well as corporate and commercial litigation. In addition to handling major litigation before both the state and federal courts and the Office of Administrative Law, he has extensive experience before the New Jersey Supreme Court and the Appellate Division.

Paul represents real estate developers and other businesses in all types of environmental and land use matters, including permitting and compliance in the areas of water, wetlands, waste, and air; brownfields redevelopment; site remediation; and transactional. He also represents landowners in cost recovery actions, as well as in enforcement actions brought by government or environmental groups.

Steven M. Dalton, Giordano Law Firm, Attorney, Environmental - Land Use, Environmental - Site Remediation, Land Use & Development Law ,Cannabis Law, Real Estate, Renewable Energy, Environmental Law, Land Use Law, Litigation

Steve's primary practice is in Environmental Law. He is able to utilize his background in environmental sciences to anticipate, understand and address the issues that his clients confront. Steve assists business and individual clients in state and federal environmental permitting, regulatory compliance, solid and hazardous waste remediation and redevelopment of contaminated sites, underground storage tank compliance, water and sewer rights and approvals, Tideland rights and approvals, and municipal land use matters.  Steve also assists clients with environmental aspects of real estate...

Marc D. Policastro Shareholder Giordano Law Firm, Business Attorney

Marc, Chair of the Environmental Department, is a transactional, business attorney, who focuses his practice in development, redevelopment, environmental compliance cases, corporate transactional matters, land use, zoning and business counseling. Admitted to practice in New Jersey and New York, he has represented numerous national developers, manufacturers, cogeneration facilities and utilities, automobile dealerships, lenders, borrowers and municipal boards in myriad land use contexts, including commercial and residential development and due diligence matters. He also focuses on complex...

Steven J. Corodemus Giordano, Halleran and Ciesla, Government Affairs/Transactional Land Use and Real Estate Development Government Affairs Land Use & Development Law Real Estate Cannabis Law Energy, Climate Change and Public Utilities
Of Counsel

Steve focuses his practice on government affairs, transactional, and real estate development. As Chairman of the law firm's Government Affairs Department, he seeks to identify expeditious resolution of client issues at all levels of government. He also works to assure clear and direct communications between his clients and government representatives. Furthermore Steve provides guidance to his clients through the administrative and legislative processes. He also counsels clients on anti pay to play compliance for clients doing business with federal, state, county and municipal governments....