Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJDEP Announces Further Extension of Site Remediation Timelines

Author: John M. Scagnelli

Date: February 16, 2021

Key Contacts

Back
NJDEP Announces Further Extension of Site Remediation Timeframes

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.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Corporate Transactions: Best Practices for Successful Deals post image

Corporate Transactions: Best Practices for Successful Deals

Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]

Author: Dan Brecher

Link to post with title - "Corporate Transactions: Best Practices for Successful Deals"
How to Conduct a Fair and Legal Employee Termination in 2025 post image

How to Conduct a Fair and Legal Employee Termination in 2025

Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]

Author: Angela A. Turiano

Link to post with title - "How to Conduct a Fair and Legal Employee Termination in 2025"
Admin Dissolution for Annual Report: What You Need to Know post image

Admin Dissolution for Annual Report: What You Need to Know

While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]

Author: Dan Brecher

Link to post with title - "Admin Dissolution for Annual Report: What You Need to Know"
What Is Antitrust Litigation Law? post image

What Is Antitrust Litigation Law?

Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]

Author: Robert E. Levy

Link to post with title - "What Is Antitrust Litigation Law?"
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!