On March 21, 2013, the New Jersey Appellate Division upheld the validity of the New Jersey Department of Environmental Protection’s (DEP) controversial “Waiver Rule.” The Waiver Rule generally allows the DEP to waive regulatory requirements under certain conditions. The Waiver Rule was proposed by the DEP in March 2011, and was finalized in March 2012… Continue Reading
Tag Archives: New Jersey Department of Environmental Protection
Change is in the Air – NJDEP Updates its Vapor Intrusion Guidance
Posted in Remediation OversightThe 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
Appellate Court Upholds Statutory Due Diligence Requirement and Finds Ownership Status after Declaration of Taking
Posted in Environmental Litigation, Transactions Involving Contaminated PropertyLiability based on property ownership under New Jersey’s Spill Compensation and Control Act (“Spill Act”) and its impact on condemnation cost recovery suits were the subject of an interesting decision last month in New Jersey Schools Development Authority vs. Marcantuone (October 29, 2012 ). The New Jersey Appellate Division made two rulings in this eminent… Continue Reading
How to Value Contaminated Property in a New Jersey Condemnation Matter
Posted in Managing Environmental Risk in TransactionsA recent New Jersey Appellate Division case clarifies the process of valuing contaminated property in a condemnation action, and finds that where the cleanup has been completed, even if contamination remains at the property, the property owner is not required to escrow additional monies for any further cleanup. In 2003, in the Suydam Investors case,… 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
NJDEP Adopts Waiver Rule – Waiver of Strict Compliance with NJDEP Rules Now a Possibility
Posted in Land Development & Sustainable BuildingOn March 8, 2012, the New Jersey Department of Environmental Protection announced the adoption of its “Waiver Rule.” As set forth in the NJDEP’s press release “strict compliance with rules can sometimes produce unreasonable, unfair or unintended results that may actually undermine, rather than advance, the” goal of the underlying environmental law. The Waiver Rule… Continue Reading
Do You Have Available Sewer Service for your Development or Expansion? Are you Sure About That?
Posted in Managing Environmental Risk in TransactionsBeing able to dispose of wastewater is a key element in any development, redevelopment or expansion project. However, a process is underway in New Jersey that may remove properties from existing sewer service areas. The New Jersey Water Quality Planning Act requires, among other things, that the New Jersey Department of Environmental Protection establish a… Continue Reading
NJDEP Proposes Common Sense Waiver Rule
Posted in Managing Environmental Risk in TransactionsOn March 7, 2011, the New Jersey Department of Environmental Protection (“NJDEP”) proposed a rule that would enable them to relax standards set-forth in existing rules under appropriate circumstances. The goal of the proposed rule is to remove unreasonable impediments to economic growth while ensuring net environmental benefit for the State. The proposed rule establishes… Continue Reading
New Soil Erosion and Sediment Control Rules Coming
Posted in Land Development & Sustainable BuildingOn January 5, 2011, Governor Christie signed into law a bill (Assembly Bill A-2501) which amends the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et. seq. (the “Act”). The Act, designed to control and limit soil erosion, authorizes the State Soil Conservation Committee to establish standards for the control of soil erosion and sedimentation…. 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
DEP Announces New Office of Dispute Resolution
Posted in Environmental LitigationOn September 27, 2010, New Jersey Department of Environmental Protection Commissioner Bob Martin announced the opening of the DEP Office of Dispute Resolution. Commissioner Martin stated that “The Office of Dispute Resolution will play a key role in achieving our goal of breaking down the barriers that have often existed between the DEP and businesses,… 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
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
NJDEP Steps Up Efforts to Collect Natural Resource Damages in New Jersey
Posted in Environmental LitigationIn the past couple of years, the New Jersey Department of Environmental Protection (“NJDEP”) filed more than 100 lawsuits against companies seeking compensation for restoration of damages to natural resources caused by the companies’ discharge of chemicals to the environment. NJDEP also sought compensation for the public’s loss of use of those natural resources. These… Continue Reading
Getting Heard: When Are Hearings Before the NJDEP or Courts Available?
Posted in Environmental Litigation, Regulatory CounselingEvery day, the New Jersey Department of Environmental Protection (“NJDEP”) makes many decisions which disappoint the agency’s varied stakeholders. Individuals are upset with NJDEP land use permitting decisions, either because they prevent planned development or allow development on adjacent properties. Permit applicants are upset with limitations placed upon various wastewater or air emissions discharge permits. The ways by… Continue Reading
Recent Decision Presents Valuable Case Study In the Legal Considerations Attendant to Shutting Down Business Operations
Posted in Environmental LitigationIn deciding to continue or cease business operations at a particular location, a business owner needs to be fully informed as to how his actions will impact the company’s rights and obligations under the laws governing his business, such as environmental and real property tax laws. In this way, the business owner can ensure that his decisions are made with the… 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
USEPA Cracks Down on Stormwater Violations – Levies Multi-Million Dollar Penalties.
Posted in Environmental Litigation, Land Development & Sustainable BuildingIn June 2008, the United States Environmental Protection Agency announced a $4.3 million dollar settlement against four national residential real estate development companies. The government alleged that those companies violated the federal Clean Water Act (“CWA”) requirements addressing the discharge of stormwater (i.e., rainwater/snow melt runoff) from construction sites. Under the CWA, a permit and a stormwater… Continue Reading
Enforcement Power of NJDEP Increased
Posted in Environmental Litigation, Land Development & Sustainable Building, Regulatory CounselingOn January 4, 2008, the New Jersey legislature passed the Environmental Enforcement Enhancement Act. This Act enhances the enforcement authority of the New Jersey Department of Environmental Protection (“DEP”) under ten environmental statutes: Waterfront Development Act, Pesticide Control Act of 1971, Wetlands Act of 1970, Freshwater Protection Act, Coastal Area Facility Review Act, Endangered and Nongame Species… Continue Reading