
John M. Scagnelli
Partner
201-896-4100 jscagnelli@sh-law.comFirm Insights
Author: John M. Scagnelli
Date: February 16, 2021
Partner
201-896-4100 jscagnelli@sh-law.comThe 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:
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 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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