The NJDEP recently announced that it is further extending certain site remediation timeframes in light of the ongoing COVID-19 pandemic for an additional 185 days...
The New Jersey Department of Environmental Protection (NJDEP) recently announced that it is further extending certain site remediation timeframes in light of the ongoing COVID-19 pandemic for an additional 185 days. As set forth in the NJDEP’s Notice of Rule Waiver/Modification/ Suspension (Notice), the NJDEP is also granting a one-year extension to the May 2021 Remedial Action timeframe under the Site Remediation Reform Act (SRRA).
As discussed in prior articles, the NJDEP previously extended certain timeframes for completion of remediation activities set forth in the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS), N.J.A.C. 7:26C, the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, and the Heating Oil Tank System Remediation Rules, N.J.A.C. 7:26F. Under the Notices of Rule Waiver/Modification/Suspension issued on April 24, 2020, and August 17, 2020, the time frames were extended for a total of 270 days.
The NJDEP’s latest Notice, dated February 1, 2021, authorizes the following extensions:
For remediations that were not subject to the statutory timeframes set forth in the SSRA to complete the remedial investigation by either May 7, 2014, or May 7, 2016, the Notice further extends certain timeframes for remediation activities, for a total of 455 days, inclusive of the prior 270-day extension allowed by the April 24, 2020 and August 17, 2020 Notices of Rule Waiver/Modification/Suspension.
The Notice also extends all subsequent timeframes. For example, if the remedial investigation regulatory timeframe for a remediation with impacted groundwater is extended from March 9, 2020 to June 7, 2021, the remedial investigation mandatory timeframe is extended to June 7, 2023, the remedial action regulatory timeframe is extended to June 7, 2026, and the remedial action mandatory timeframe is extended to June 7, 2028.
For remediations that were subject to the statutory timeframes set forth in the SRRA at N.J.S.A. 58:10C-27 and 27.1 to complete the remedial investigation by either May 7, 2014 or May 7, 2016, including where the timeframes are set forth in an Administrative Consent Order, and the timeframe to complete the remedial action (whether regulatory or mandatory) has not yet passed, the Notice extends the timeframe to complete the remedial action from May 6, 2021 to May 6, 2022.
As emphasized by the NJDEP, the temporary rule modifications are limited to reporting requirements only and do not extend any timeframes for the mitigation of immediate impacts to human receptors. Additionally, entities responsible for conducting the remediation must have retained a Licensed Site Remediation Professional in order to qualify for the extension.
If you have questions, please contact us
If you have any questions or if you would like to discuss the matter further, please contact me, John Scagnelli, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
Top 5 Causes Leading to Construction Defect Litigation
The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
How to Protect Your New Jersey Business When Going through a Divorce
The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together
New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York
No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Company Dissolved? Legal and Financial Consequences to Expect
A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
