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
Category Archives: Remediation Oversight
Subscribe to Remediation Oversight RSS FeedOSHA Publishes Fact Sheet to Address Mold Cleanup of Buildings Damaged by Sandy
Posted in Remediation OversightDue 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 OversightIn 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 OversightArticle 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
Will NJDEP’s Waiver Rule Survive Legislative Efforts to Derail It?…Stay Tuned
Posted in Remediation OversightThere are almost 50 days left until the NJ Department of Environmental Protection’s Waiver Rule takes effect on August 1, 2012. That is unless the NJ Senate decides to follow in the path blazed by the Assembly last month to derail the rule by approving a resolution directing NJDEP to amend or withdraw the Waiver… Continue Reading
Watershed Date for N.J. Site Remediation: May 7, 2012
Posted in Remediation OversightArticle as originally published in New Jersey Law Journal. In just over two months, nearly every existing site remediation case pending before the New Jersey Department of Environmental Protection (NJDEP) will become subject to the 2009 Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq. The regulated community and NJDEP have been gearing up for this… Continue Reading
OSHA’s Top Ten Citations
Posted in Remediation OversightThe 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 OversightThe 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 OversightIn 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 OversightThe 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 Two)
Posted in Remediation OversightThis article, the second of a three part series, focuses on OSHA’s procedures during an inspection and outlines what employers should and should not do during an inspection. 1. What should I do or not do during an inspection? There are certain actions that you should take to protect your interest during an OSHA inspection. These… Continue Reading
What Every Business Owner Needs To Know About OSHA (Part One)
Posted in Remediation OversightA 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 OversightThis 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 OversightA 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 OversightIn 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 OversightOn 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 OversightThe 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 OversightOn 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 OversightThe 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 OversightThe 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 OversightOn 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
NJ Proposes A Licensed Site Professional Program
Posted in Regulatory Counseling, Remediation Oversight, Transactions Involving Contaminated PropertyOn June 5, 2008, new legislation was introduced to address the overburdened New Jersey Department of Environmental Protection (“DEP”)’s current staff and budget constraints by expediting its report review process. Introduction of the Bill, sponsored by Senator Bob Smith, followed hearings before the State Senate Environment Committee and Assembly Environment and Solid Waste Committee at which… Continue Reading