
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: January 27, 2025
Partner
201-896-7115 dmckillop@sh-law.comThe New Jersey Department of Environmental Protection (NJDEP) has proposed a massive overhaul of its rules and regulations governing site remediation. The proposed changes would impact several key site remediation regulations, including the Industrial Site Recovery Act (ISRA) Rules, the Administrative Requirements for the Remediation of Contaminated Sites, the Technical Requirements for Site Remediation, and the Heating Oil Tank System Remediation Rules. If enacted, the proposed changes will significantly impact the regulated community and New Jersey real estate transactions.
The NJDEP published the proposed amendments to its Site Remediation Program (SRP) on October 21. 2024. The proposal seeks to codify and implement the provisions of P.L. 2019, c. 263 (the SRRA 2.0 Act), which concerned the remediation of contaminated sites, and amended and supplemented various parts of the statutory law. It also includes amendments to further simplify the remedial action permit process, streamline implementation of the licensed site remediation professional (LSRP) program, make technical changes and corrections, and clarify language in the chapters.
Of all the NJDEP’s proposed changes, the ARRCS amendment requiring prospective purchasers to notify NJDEP and the site owner is predicted to have the broadest impact. Prospective purchasers have previously never had any environmental reporting obligations. In fact, many real estate deals include provisions requiring potential buyers to keep any due diligence findings confidential. Given the increased risk of liability, the new requirement could discourage real estate transactions in New Jersey.
The public comment period regarding the proposed rules expires on Friday, January 31, 2025. You may submit comments electronically at www.nj.gov/dep/rules/comments. Each comment should be identified by the applicable N.J.A.C. citation, with the commenter’s name and affiliation following the comment.
If you are currently involved in site remediation, you should review the proposed amendments to determine whether they may impact your obligations. As always, the Scarinci Hollenbeck Environmental Law Group is available to answer your questions and discuss any concerns you may have.
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