
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: April 15, 2019

Partner
201-896-7115 dmckillop@sh-law.comThe New Department of Environmental Protection (NJDEP) continues to show its commitment to identifying and investigating contamination involving poly- and perfluoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). On March 13, 2019, the NJDEP established interim specific groundwater quality standards for both PFOA and PFOS, at 10 parts per trillion. Most recently, the NJDEP issued a Directive ordering several companies to pay for the investigation and remediation of PFAS-contamination. Additional enforcement action is likely on the horizon, and regulated entities should be taking steps now to address their potential liability.
On March 13, 2019, the NJDEP established interim specific groundwater quality standards for PFOA and PFOS. The interim specific ground water quality standard for both of these contaminants is 0.01 micrograms per liter (ug/L) or 10 parts per trillion (ppt). The interim specific criteria became effective upon publication on the NJDEP’s website and will remain in effect until replaced by specific criteria. As highlighted by the NJDEP, “New Jersey is among the first states to pursue regulation of these compounds.”
To comply with the Technical Requirements for Site Remediation, all contamination at a given site must be addressed, including all discharged hazardous substances, hazardous wastes, and emerging contaminants. The NJDEP recently published guidance regarding the handling of potential PFAS contamination. At a minimum, the person responsible for conducting the remediation is required to evaluate whether there is the potential that PFOA and/or PFOS may have been manufactured, used, handled, stored, disposed or discharged at the site or area of concern. If the scope of the remediation is for the entire site, then an entire site preliminary assessment is required to be conducted pursuant to the Technical Requirements for Site Remediation (N.J.A.C. 7:26E-3.1). If the scope of the remediation is for one or more specific areas of concern, then the licensed site remediation professional (LSRP) must use his or her professional judgement to determine what evaluation is necessary.
The next steps are determined by whether or not PFOA and/or PFOS were manufactured, used, handled, stored, disposed or discharged at the site:
Of particular importance, the above requirements apply to all site remediation sites, including those sites subject to the upcoming May 7, 2019 remedial action regulatory deadline. Requests to extend the May 7,
The NJDEP’s guidance further provides:
For sites that received an unrestricted use final remediation document prior to March 13, 2019, no further evaluation is required at this time. For sites that received a limited restricted use or restricted use final remediation document prior to March 13, 2019, the evaluation described above must be performed prior to and reported in the next biennial protectiveness certification.
In short, unrestricted use Response Action Outcomes (RAO) issued prior to March 13 do not have to be reopened to perform a PFOA/PFOS evaluation/preliminary assessment. However, any other types of RAO issued are subject to reopening.
On March 25, 2019, the NJDEP issued a directive requiring five companies – Solvay, DuPont, Dow DuPont, Chemours and 3M – to provide the agency with a detailed accounting of their use and discharge of PFAS chemicals, in New Jersey. The NJDEP is seeking information regarding the use and discharge of the chemicals through wastewater treatment plants, air emissions, and sales of products containing the chemicals to current development, manufacture, use and release of newer chemicals in the state.
The NJDEP also notified the companies that the state will hold them financially responsible for the cost of remediation and treatment of PFAS-related contamination. “The Department has expended tremendous resources to investigate the presence of these substances in New Jersey’s environment, as well as monitor, treat, clean up, and/or remove these substances in impacted areas,” the directive states. “As a result, the Department has determined it is imperative to the protection of the public health and safety and the environment of New Jersey that such investigation, monitoring, testing, treatment, cleanup and removal continue, and that Respondents, not New Jersey residents, pay for these activities.” By its directive, the NJDEP informed the parties that it seeks to recover more than $3 million from Solvay alone and that additional costs will be forthcoming.
The NJDEP issued the directive under the authorities granted by New Jersey’s Spill Compensation and Control Act, Water Pollution Control Act and Air Pollution Control Act. These state environmental laws empower the agency to act to prevent environmental pollution, enforce environmental laws, and obtain documentation about the discharge of pollutants.
Entities currently conducting investigations must now incorporate a PFOA/PFOS contamination evaluation/preliminary assessment. In addition, those subject to the May 7,
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!