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Category Archives: Remediation Oversight

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New Jersey Appellate Court Limits Measure of Damages for Contaminated Properties

Posted in Environmental Litigation, Remediation Oversight, Transactions Involving Contaminated Property

On August 27, 2014, the Superior Court of New Jersey ruled in favor of Puritan Oil against a New Jersey property owner, finding that where the oil company had already taken steps to remedy contamination it caused on Plaintiff’s property, no further measure of damages was appropriate.  Favorito v. Puritan Oil Company, Superior Court of… Continue Reading

No Need To Wait For NJDEP’s Approval When Seeking Contribution For Site Cleanups

Posted in Environmental Litigation, Remediation Oversight

Parties that find themselves responsible for the remediation of contaminated property in New Jersey do not have to wait for the New Jersey Department of Environmental Protection (“NJDEP”) to approve a final cleanup plan before seeking other responsible parties to contribute to cleanup costs pursuant to New Jersey’s Spill Compensation and Control Act (“Spill Act”)…. Continue Reading

NJ Legislature Passes Bill to Extend May 2014 Remedial Investigation Deadline – Christie Expected to Sign

Posted in Remediation Oversight

One of the most draconian aspects of NJ’s 2009 Site Remediation Reform Act is the authority of NJDEP to take direct oversight of older cleanups, stripping responsible parties of cleanup decision-making and requiring a trust fund in the amount of the cleanup to be established.  That trust fund makes NJDEP the named beneficiary in the… Continue Reading

Change is in the Air – NJDEP Updates its Vapor Intrusion Guidance

Posted in Remediation Oversight

The NJDEP has updated its vapor intrusion screening levels for the first time since 2007.  The new screening levels, effective as of January 16, 2013, were developed using risk-based information developed by the USEPA. Volatile organic contaminants in soil and groundwater can migrate upward through floor slabs and basements into the indoor air.  In recent… Continue Reading

OSHA Publishes Fact Sheet to Address Mold Cleanup of Buildings Damaged by Sandy

Posted in Remediation Oversight

Due to the overwhelming damage to homes, businesses, and public facilities by Super Storm Sandy, cleanup is a priority for most victims of Sandy.  With the federal and state governments joining in that effort, the Occupational Safety and Health Administration (“OSHA”) published a fact sheet entitled “Mold Hazards During Hurricane Sandy Cleanup,” which can be… Continue Reading

New Jersey Property Tax Refunds May Be Held To Cover Environmental Remediation

Posted in Remediation Oversight

In July of this year, the New Jersey Legislature modified the law addressing tax refunds by requiring a New Jersey property tax refund for certain industrial sites to be deposited with the New Jersey Department of Environmental Protection (“DEP”) and applied towards remediation costs instead of being paid to the owner or tax lien holder. … Continue Reading

Practical Considerations in Real Estate Transactions in Light of SRRA

Posted in Remediation Oversight

Article originally published in New Jersey Law Journal. In an effort to expedite the remediation of more than 20,000 contaminated sites, New Jersey passed the Site Remediation and Reform Act (SRRA) on May 7, 2009. SRRA transferred the responsibility of overseeing most cleanups in the state from the New Jersey Department of Environmental Protection (NJDEP)… Continue Reading

OSHA’s Top Ten Citations

Posted in Remediation Oversight

The Occupational Safety and Health Administration (OSHA) is an agency within the United States Department of Labor.  OSHA’s primary function is to inspect workplaces including manufacturing facilities and construction sites to ensure compliance with its safety and health standards.  As a result of these inspections, OSHA in most cases issues citations to employers for violations… Continue Reading

NJDEP has Finalized its Vapor Intrusion Technical Guidance Document

Posted in Remediation Oversight

The NJDEP has recently finalized its revamped Vapor Intrusion Technical Guidance Document to provide more in depth assistance in the evaluation of vapor intrusion concerns.  Vapor intrusion concerns relate to the potential for the migration of volatile chemicals from the subsurface and to the overlying structures.  The presence of volatile chemicals in the soil or… Continue Reading

New Jersey Appellate Court Grants Hearing to Contest Rescission of a No Further Action Letter

Posted in Environmental Litigation, Remediation Oversight

In the Matter of Crompton Colors, Inc., No. A 0778 09T1 (App. Div. 10/27/11), the NJ Appellate Division ruled that a property owner is entitled to have an administrative hearing regarding the rescission of a no further action letter (“NFA Letter”) by the DEP.  In this case, a subsidiary of Hartz Mountain Industries, a former… Continue Reading

What Every Business Owner Needs To Know About OSHA (Part Three)

Posted in Remediation Oversight

The final installment of this three part series describes what employers should expect after an OSHA inspection as well as the employers’ rights. 1.  What happens after OSHA completes its inspection? Unless your establishment is in full compliance with OSHA’s standards, you will receive a “Citation and Notification of Penalty” from OSHA.  Generally, OSHA has… Continue Reading

What Every Business Owner Needs To Know About OSHA (Part One)

Posted in Remediation Oversight

A significant number of businesses are likely to find themselves face-to-face with an inspector from OSHA, and many will be caught off guard.  We recommend that businesses take a two-pronged approach to OSHA compliance. First, make every effort to comply with OSHA’s safety and health rules to protect your employees.  Second, be prepared in the… Continue Reading

Public Notification and Outreach Rule Update

Posted in Remediation Oversight

This article is a follow-up to our prior post of July 31, 2009 dealing with this issue.  As you may know, the New Jersey Department of Environmental Protection (“NJDEP”) enacted a notification and public outreach rule, N.J.A.C. 7:26E-1.4 et seq., in September of 2008.  The regulation requires responsible parties who are conducting an environmental investigation… Continue Reading

Court Holds That NJDEP’s Informal Determination Not to Pursue PRP for Natural Resources Damages Cannot Later Be Reversed

Posted in Remediation Oversight

A federal District Court in New Jersey recently ruled that the New Jersey Department of Environmental Protection (“NJDEP”) waived its rights to pursue Natural Resource Damages (“NRDs”) as a result of a letter sent to the defendant indicating that NJDEP did not intend to pursue the defendant for NRDs. FMC Corp. v. American Cyanamid, No…. Continue Reading

Proposed Amendments to DEP Site Remediation – Mandatory and Regulatory Timeframes

Posted in Remediation Oversight

In October, the New Jersey Department of Environmental Protection (“DEP”) proposed several amendments to two of its site remediation regulations, the Administrative Requirements for the Remediation of Contaminated Sites (the “ARRCs”) (N.J.A.C. 7:26C) and the Technical Requirements for Site Remediation (N.J.A.C. 7:26E). There are three primary components to the proposed amendments. The first is to… Continue Reading

NJDEP’s New Vision

Posted in Remediation Oversight

On July 16, 2010, the New Jersey Department of Environmental Protection (“NJDEP”) Commissioner, Bob Martin, published a List of Policy Priorities and a Vision Statement (see links below) in written form that will serve as a guide for the NJDEP to be more efficient and consumer friendly. The goals of these two documents are to… Continue Reading

New Requirements to Address Immediate Environmental Concerns

Posted in Remediation Oversight

The Site Remediation Reform Act enacted on May 7, 2009, and codified at N.J.S.A 58:10C-1 et seq. (“SRRA”), its implementing regulations, and amendments to the Technical Requirements for Site Remediation include new requirements in addressing environmental issues that the New Jersey Department of Environmental Protection (“NJDEP”) deem to be a public health threat and categorize… Continue Reading

Cole Schotz Secures One of the First Response Action Outcomes

Posted in Remediation Oversight

On November 4, 2009, the New Jersey Department of Environmental Protection (“DEP”) issued regulations for the new site remediation requirements under the Site Remediation Reform Act. One of the most significant requirements of the new law is that all new cleanup cases are required to be competed through the use of a Licensed Site Remediation… Continue Reading

Interim Regulations Passed That Revamp New Jersey’s Site Remediation Program

Posted in Remediation Oversight

The Administrative Requirements For Remediation Of Contaminated Sites (“ARRCS”) were promulgated on November 4, 2009. These interim rules were issued pursuant to the Site Remediation Reform Act (“SRRA”) that was passed on May 7, 2009, which changes the way investigation and cleanups are conducted in New Jersey. These interim regulations include significant modifications to the… Continue Reading

Public Outreach Rule Deadline Approaching

Posted in Remediation Oversight

The New Jersey Department of Environmental Protection (“NJDEP”) passed its Notification and Public Outreach Rule, N.J.A.C. 7:26E-1.4 et seq., in September of 2008. This regulation requires parties responsible for remediating sites to notify the public of ongoing remedial investigation and remedial action at sites in New Jersey. Although the regulation was adopted on September 2,… Continue Reading

Governor Corzine Signs Site Remediation Reform Act

Posted in Remediation Oversight

On May 7, 2009, Governor Jon Corzine signed into law the Site Remediation Reform Act (the “Law”) that will overhaul the way investigations and cleanups are done in New Jersey. The Governor concurrently signed Executive Order #140 that clarifies certain provisions to the Law (http://www.state.nj.us/infobank/circular/eojsc140.htm). The Law addresses the overburdened New Jersey Department of Environmental… Continue Reading