January 19, 2021

Volume XI, Number 19

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January 18, 2021

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NJDEP Upgrades Protections for 600 Miles of Rivers and Streams

Effective April 6, 2020, the New Jersey Department of Environmental Protection (“NJDEP”) adopted rule amendments to the Surface Water Quality Standards, N.J.A.C. 7:9B. The amendments upgraded the designation of approximately 600 miles of rivers and streams to “Category One” (“C1”) waterways. NJDEP identified 14 counties and 67 municipalities “potentially affected” by the C1 upgrades.

C1 waters and certain other tributaries are afforded heightened protections from pollution and development. The amendments will have significant and immediate impacts on existing properties and proposed developments along the newly designated C1 waterways and certain other tributaries. Importantly, a C1 designation requires 300-foot protection zones (riparian buffers) on each side of the waterway as required under the New Jersey Flood Hazard Area Control Act Rules, N.J.A.C. 7:13. In this respect, certain developments and projects (e.g., constructing new roads, buildings, and utilities) within these riparian zones will be subject to stricter permit limitations. In addition, a C1 designation requires that the existing water quality cannot be changed. Accordingly, sewage treatment plants that discharge into the new C1 waters will need to make significant upgrades to their operations to comply with the more rigorous water quality standards.

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© 2020 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume X, Number 129
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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...

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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...

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Paul H. Schneider, Giordano Law Firm, Litigation Attorney
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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...

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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...

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David J. Miller Shareholder environmental regulatory, real estate and corporate transactional matters attorney
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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...

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