Deadline Alert: January 31st is the Last Day to Comment on New Jersey’s Proposed Site Remediation Amendments
On October 21, 2024, the New Jersey Department of Environmental Protection (NJDEP) proposed a comprehensive set of amendments to their site remediation regulations. The proposed rule is NJDEP’s implementation of the statute commonly known as SRRA 2.0, which became effective on August 23, 2019. With these amendments, NJDEP aims to enhance, clarify, and streamline New Jersey’s site remediation framework – a move that will have significant implications for property owners, developers, investors, and environmental professionals alike.
While the full extent of the amendments includes a range of technical, clerical, and procedural updates, several key changes stand out as particularly impactful. Whether you’re involved in property transactions, remediation activities, or environmental compliance in New Jersey, understanding these shifts is critical to staying ahead of the curve.
Key Changes to New Jersey’s Site Remediation Regulations
While the proposed changes to reporting obligations are receiving significant attention (more details available here), there are many other important site remediation changes that warrant close attention for all involved with a property subject to remediation in New Jersey, or considering the sale, purchase, leasing, financing, investing, or insuring of a property in the state. These include:
- revamping and simplifying the remedial action permitting scheme to (a) incorporate indoor air as a third regulated media with specialized institutional controls, (b) create a single permit system for soil, groundwater, and indoor air, and (c) codify five expedited permit types;
- excepting certain unoccupied structures from further immediate environmental concern (IEC) remediation requirements;
- expanding allowable remedial funding sources;
- streamlining the licensed site remediation professional program;
- prohibiting delineation of contamination by extrapolation or modeling in the remedial action phase; and
- clarifying requirements for use of alternative fill.
Several of the proposed changes may ultimately prove favorable to the regulated community by providing clarifications and streamlining notoriously bulky regulatory processes, while other changes may present challenges. Property owners, prospective purchasers, and developers will need to pay close attention to how the proposed amendments impact their remediation, redevelopment, or deal strategies, timelines, and costs. It is crucial to stay informed and be ready to adjust to these evolving regulations.
Public Comments. Comments are due Friday, January 31, 2025 and can be submitted electronically or by mail to:
Attn: DEP Docket Number: 12-24-09
Office of Legal Affairs
Department of Environmental Protection
401 East State Street, 7th Floor
Mail Code 401-04L
PO Box 402
Trenton, New Jersey 08625-0402
As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.
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