On December 29, 2016, the Appellate Division issued a per curiam decision in Drytech, Inc. v. State of New Jersey Dep’t of Envtl. Prot., Dkt No. A-5619-14T4 (unpublished), addressing the interplay between the Industrial Site Recovery Act, the Brownfield and Contaminated Site Remediation Act and the Site Remediation Reform Act.

In Drytech, the Appellate Division ruled that No Further Action letters obtained by an industrial property owner from the Department of Environmental Protection (“DEP”) prior to the enactment of the Site Remediation Reform Act (“SRRA”) in 2009, did not excuse the property owner from compliance with the Licensed Site Remediation Professional procedures of the SRRA – notwithstanding that all environmental areas of concern at the property had previously been remediated to the satisfaction of the DEP.