October 25, 2020

Volume X, Number 299

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October 22, 2020

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NJDEP Notice of Rule Waiver/Modification/Suspension: Extension of Timeframes for Certain Remediation Activities

On August 17, 2020, the New Jersey Department of Environmental Protection (“NJDEP” or “Department”) issued a Notice of Rule Waiver/Modification/Suspension (“Notice”) pursuant to Executive Order No. 103.  This Notice further extends certain timeframes for remediation activities, for a total of 270 days, inclusive of the prior 90-day extension authorized by the NJDEP’s April 24, 2020 Notice of Rule Waiver/Modification/Suspension. It should be noted that the timeframes extended by this temporary rule modification are specific to reporting requirements and that the Notice does not affect timeframes for the mitigation of immediate impacts to human receptors.  The Notice specifically states that “remedial activities are continuing during the Public Health Emergency and State of Emergency” and that “protections for public health and safety and the environment remain in place.”  For more information and to view this notice, please click here.

The NJDEP also permits any party responsible for conducting remediation to request a further extension of the timeframes extended by this Notice or other applicable remediation timeframes.  The Department will consider such requests on a site specific basis in accordance with the governing technical and administrative requirements.

This article features contributions from Linda M. Lee, Michael P. Castore, Donna A. McBarron and Steven J. Corodemus.

© 2020 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume X, Number 238
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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 Shareholder Giordano Law Firm, Business Attorney
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 remediation cases and general environmental compliance counseling. He has significant experience in ISRA, Spill Act, LSRP, UST and related hazardous substance regulatory matters and redevelopment of contaminated sites. Marc is originally from New York City and was raised in Holmdel, NJ. He attended Christian Brothers Academy, University of Richmond and Seton Hall Law School.

Marc is the author of The Remediation Wire, a blog devoted to a broad range of environmental news, laws, regulations and upcoming events in the environmental field.

Marc is also the co-author of New Jersey Redevelopment Blog, a blog devoted to news and updates regarding all Redevelopment matters, laws, news and updates throughout New Jersey.

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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