October 26, 2021

Volume XI, Number 299

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October 26, 2021

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October 25, 2021

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NJDEP Further Extends Site Remediation Timeframes

In 2020, the New Jersey Department of Environmental Protection (“NJDEP”) twice announced limited extensions to certain site remediation timeframes in response to the COVID-19 pandemic. On February 1, 2021, NJDEP issued a Notice of Rule Waiver/Modification/ Suspension (the “Notice”) announcing an additional extension of the statutory timeframes established by the New Jersey Site Remediation Reform Act (“SRRA”), N.J.S.A. 58:10C-1, et seq.

The Notice extends timeframes for two categories of contaminated sites. The first category is those sites for which a remedial investigation was not required by SRRA to be completed by either May 7, 2014 or May 7, 2016 (generally, sites where contamination had not been discovered by the time SRRA went into effect).  For such sites, the Notice provides an extension of a total of 455 days (inclusive of the earlier two extensions) for certain remediation timeframes that has or will expire during the current public health emergency in New Jersey, as declared in Executive Order No. 103. Specifically, the Notice extends the timeframes to initiate, complete, and/or submit a report regarding a preliminary assessment, site investigation, initial receptor evaluation, immediate environmental concern contaminant source control, remedial investigation, and remedial action. Please refer to the Notice for additional details regarding the specific extensions. The Notice also extends all subsequent timeframes once any individual timeframe is extended.

The second category is those sites that were subject to the statutory 2014 and 2016 deadlines (generally, sites that were already known to be contaminated or that were undergoing remediation at the time SRRA went into effect). For these sites, the Notice extends the timeframe to complete the remedial action by one year from May 6, 2021 to May 6, 2022.

Lastly, the Notice clarifies that the person responsible for conducting the remediation must have retained a Licensed Site Remediation Professional in order to qualify for the extension. The full Notice can be accessed HERE.

© 2021 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume XI, Number 41
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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...

732-741-3900
Marc D. Policastro Attorney GHC Law
Shareholder

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...

732-741-3900
Paul H. Schneider, Giordano Law Firm, Litigation Attorney
Shareholder

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...

732-741-3900
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
Shareholder

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...

732-741-3900
David J. Miller Shareholder environmental regulatory, real estate and corporate transactional matters attorney
Shareholder

Dave is an environmental attorney with experience in the private and public sectors who focuses his practice on environmental regulatory, real estate and corporate transactional matters. He counsels clients on site remediation, the Industrial Site Recovery Act (ISRA), Site Remediation Reform Act (SRRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), due diligence, participation in potentially responsible party groups and interaction with the Environmental Protection Agency on Superfund matters.  Dave also advises on the procurement of environmental permits...

732-741-3900
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