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.
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