The May 2014 requirement for completion of the Remedial Investigation and submittal of Remedial Investigation Report, imposed on certain contaminated sites in New Jersey by the Site Remediation Reform Act, is quickly approaching. Those who are required to but fail to submit a Remedial Investigation Report before the May 7, 2014 deadline are expected to fall into direct oversight, thus allowing NJDEP to define the remediation path for those sites going forward. There have been rumors that certain industry groups plan on proposing legislation requesting an amendment to the Administrative Requirements for Remediating Contaminated Sites regarding the definition of when “remedial investigation” is considered complete. There is a discrepancy between the Site Remediation Reform Act’s definition and the Administrative Requirements for Remediating Contaminated Sites definition. The Department of Environmental Protection has stated that it will be establishing a policy with regard to the definition of “remedial investigation” that will be consistent with the Site Remediation Reform Act’s definition, which is more flexible than the definition in the Administrative Requirements for Remediating Contaminated Sites definition. To be continued.
Emergency Rule Revisions Cut Red Tape and Streamline State Permits for Vital Rebuilding Projects.
On April 19, 2013, DEP issued emergency rules intended to expedite the process of repairing and rebuilding in the wake of Superstorm Sandy and to encourage flood-resilient projects.
For a copy of the complete emergency rule, including details on how to provide comments, please visit: http://www.nj.gov/dep/rules/notices/20130416a.html
The Appellate Division upholds the Department of Environmental Protection’s authority to establish the Waiver Rule. See the decision.
The Appellate Division recognized that the legislature’s grant of broad rulemaking authority to DEP includes an “implicit” authority to waive its rules and that such authority does not need to be “explicit”. And, while the Court declared DEP’s guidance documents for submitting waiver applications as de facto rulemaking in violation of the Administrative Procedures Act, the Court determined that the Waiver Rule itself contains enough details about the waiver process so that the invalidation of the guidance documents is not fatal to DEP’s implementation of the Waiver Rule.
We will continue to track the Waiver Rule as further details emerge.
I found this column by Paul Mulshine in The Star Ledger interesting:
Putting politics aside, what does Sandy foretell for New Jersey’s coastal regions? Does it foretell anything that we did not already know? And, how should we plan for the future? So far, the planning options seem to involve a combination of the following:
On July 23, 2012, L. 2012, c. 24 (the “Solar Act”) was signed into law by Governor Christie. The Solar Act, among other things, requires the New Jersey Board of Utilities (“BPU”) in consultation with the New Jersey Department of Environmental Protection (“DEP”) to establish standards and program incentives to encourage the development of solar generation projects on properly closed landfills, brownfields, and historic fill areas.
The New Jersey Department of Environmental Protection has released a set of FAQs to help answer some of the most common questions regarding the standards of elevating houses and buildings Post-Sandy, and will help you determine if you need to elevate.
Yesterday (January 24), Governor Christie announced he was signing emergency regulations to adopt FEMA’s new Advisory Base Flood Elevation (ABFE) maps as the post-Sandy rebuilding standard,
“It is absolutely critical that we take this opportunity to rebuild NJ smarter and stronger in the aftermath of Sandy. That’s why today I am approving emergency regulations being proposed by the Department of Environmental Protection (“DEP”) to help fast-track the rebuilding process” Continue Reading
On January 16, the New Jersey Department of Environmental Protection (NJDEP) published its new guidance on vapor intrusion, including significant changes to the groundwater vapor intrusion screening levels. Parties involved in the remediation process should discuss the impact of the new guidance with their environmental professionals. The link to the new NJDEP guidance is Continue Reading
Under the “traditional” site remediation program, New Jersey Department of Environmental Protection (NJDEP) responded to inquiries asking for the status of an investigation/cleanup of a site because it had all the information necessary to do so at its disposal. That is no longer the case. Under the Licensed Site Remediation Professional (LSRP) remediation program, and pursuant to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS), N.J.A.C. 7:26C-1.7(o), the person responsible for conducting the remediation (RP) is required to respond to public inquiries either received by them directly or received by NJDEP. Further, according to NJDEP’s policy it will direct inquiries from the public, press and elected officials to both the RP and LSRP or in certain circumstances just to the LSRP. Therefore, RPs should establish a process with their LSRPs to respond to these public inquires to ensure timely and coordinated responses and to ensure that confidential or proprietary information is not released.
The issuance of FEMA‘s advisory maps are already having a profound impact on development and redevelopment in the wake of Hurricane Sandy. As Long Branch moves to adopt FEMA‘s new advisory maps, other municipalities and state agencies are sure to follow suit.
We will continue to track the adoption of the advisory maps by local governments and by NJDEP, especially with regard to those projects already permitted and approved, those in the approval process, and those undergoing post-Sandy re-building.