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
Tag Archives: NJDEP
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
Court Invalidates NJDEP Cleanup Rule For De Minimus Quantity Exemptions
Posted in Environmental LitigationOn July 6, 2012, the New Jersey Appellate Division, in the case of Des Champs Laboratories, Inc. v. NJDEP, invalidated the NJDEP’s regulation requiring an owner or operator of an industrial establishment to certify that their property is clean when applying for a De Minimus Quantity Exemption (DQE) under the Industrial Site Recovery Act (ISRA). … Continue Reading
Another Extension of the Permit Extension Act
Posted in Land Development & Sustainable BuildingThere was another sigh of relief for developers in New Jersey as legislation to further extend the Permit Extension Act of 2008 passed both houses last week, keeping project approvals alive as developers wait for further improvement in the economy. The bill has now been sent to Governor Christie who is expected to sign it… 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
Essex Chemical Successfully Challenges NJDEP’s Natural Resource Damages Suit
Posted in Environmental LitigationThe New Jersey Appellate Division sides with Essex Chemical Corporation, a subsidiary of DOW Chemical, in a suit filed by the NJDEP in its effort to obtain both restoration and compensatory natural resource damages (“NRDs”) pursuant to the Spill Compensation and Control Act (“Spill Act”). The Court held that Essex Chemical did not need to… Continue Reading
NJDEP to Rank Contaminated Properties Based Upon Environmental Risk
Posted in Managing Environmental Risk in TransactionsOver the next three to four weeks, the NJDEP will be sending letters to the responsible parties for all contaminated properties in New Jersey (other than residential properties) providing the NJDEP’s proposed ranking for each site. Responsible parties will have only about 60 days to “challenge” those rankings. The Site Remediation Reform Act, passed in… 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
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
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
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
Sole Shareholder Of Company That Owns Contaminated Property Can Be Held Liable Under CERCLA As Current Operator
Posted in Environmental LitigationIn the case of Litgo v. Martin, 2011 WL 65933 (D.N.J. Jan. 7, 2011) the federal District Court of New Jersey held that a shareholder of a single-purpose entity that owns a contaminated facility is liable as a current operator under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec. 9601 et al…. 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
NJ Acts to Reduce Nutrient Pollution in Barnegat Bay
Posted in Land Development & Sustainable BuildingThe ecological health of Barnegat Bay is in decline, mostly resulting from human activities. Since Barnegat Bay is a key feature of the shore experience in central New Jersey, the impact to its aesthetic, economic and recreational values threatens the economic health of the region. In December 2010, the New Jersey Legislature enacted three statutes… 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
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
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
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
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