Legal Update

Last summer, certain parties that are responsible for conducting environmental cleanups in New Jersey (“RPs”) were cautioned that pursuant to the Site Remediation Reform Act, N.J.S.A. 58:10C-1, et seq. (“SRRA”), outstanding remedial investigation must be completed by May 7, 2014 (the “Statutory Deadline”). RPs were further admonished that failure to meet the Statutory Deadline would result in direct oversight by the New Jersey Department of Environmental Protection (the “Department”). Practically speaking, such direct oversight can subject RPs to various disadvantages, including delayed cleanups and premium costs. Additionally, RPs that fail to meet the Statutory Deadline are required to establish a remediation trust fund in the amount of the estimated cost of the remediation.

RPs to which the Statutory Deadline applies may be relieved to learn that recent legislation providing for the two (2) year extension has been signed into law. However, it is critical to note that this extension to the Statutory Deadline is not automatic. RPs must qualify for the extension by submitting an application to the Department by March 7, 2014. The application packet will include a certification for the RP to acknowledge that certain criteria have been met, including the following:

the RP has retained a license site remediation professional (“LSRP”);
the RP has satisfied all other applicable mandatory remediation timeframes; and
the RP has made technically complete submissions in compliance with all regulations for site remediation, including the initial receptor evaluation, any immediate environmental concern source control report, any light non-aqueous phase liquid interim remedial measure report, preliminary assessment report, and site investigation report.

Importantly, if and RP is required to establish a remediation trust fund or remediation funding source, then same must be in place at the time the application for an extension of the Statutory Deadline is submitted.

Although the application packet is yet to be available, interested RPs can check this website periodically: http://www.state.nj.us/dep/srp/timeframe/.

If you question the applicability of the Statutory Deadline to your cleanup, or if you question your potential qualification for an extension of the Statutory Deadline, please feel free to contact Joanne Vos, Esq. at jvos@mfhenvlaw.com or (973) 912-6810.

Disclaimer: The information herein in being provided solely for informational purposes and may not be applicable to all matters which involve the topic. The information herein should not be construed as legal advice nor does it establish an attorney-client relationship.

Copyright © 2014 Maraziti, Falcon & Healey, LLP.

All rights are reserved to Maraziti, Falcon & Healey LLP and the author of the legal update.