The New Jersey Department of Environmental Protection (NJDEP) Recently Updated the Soil Remediation Standards
The New Jersey Department of Environmental Protection (NJDEP) recently updated the soil remediation standards for 19 contaminants to reflect U.S. Environmental Protection Agency (EPA) revisions to the toxicity criteria for these compounds. The updated soil remediation standards took effect on September 18, 2017.
The New Jersey Remediation Standards define the acceptable default levels of certain contaminants that can be present in soil. They are based on the EPA’s carcinogenic (or cancer) slope factor or non-carcinogenic (or non-cancer) reference dose data for these compounds, contained in the Integrated Risk Information System (IRIS) database. The Remediation Standards establish minimum soil remediation standards, including both residential direct contact soil remediation standards; and non-residential direct contact soil remediation standards.
Pursuant to N.J.A.C. 7:26D-4.2, the residential direct contact soil remediation standard for each contaminant is the more stringent of either the ingestion-dermal human health-based criterion or the inhalation human health-based criterion, or the “practical quantitation level” (PQL) if the PQL is less stringent than the corresponding human health-based criterion. Similarly, N.J.A.C. 7:26D-4.3 establishes that, for each contaminant, the non-residential direct contact soil remediation standard is the more stringent of either the ingestion-dermal human health-based criterion or the inhalation human health-based criterion, or the PQL, if the PQL is less stringent than the corresponding human health-based criterion.
New Soil Remediation Standard
In total, 19 contaminants are impacted by New Jersey’s new soil remediation standards. Below is a brief summary of the changes:
The soil remediation standards for the following 11 contaminants are now less stringent: Benzo(a)Anthracene, Benzo(a) Pyrene, Benzo(b)Fluoranthene, Benzo(k)Fluoranthene, Chrysene, Dibenz(ah)Anthracene, Indeno(123-cd)Pyrene, Carbon Tetrachloride, Methylene Chloride, Tetrachloroethene, and 1,1,1-Trichloroethane.
The soil remediation standards for 6 contaminants are now more stringent: Hexachloroethane, Nitrobenzene, Pentachlorophenol, Trichloroethene, 1,1-Biphenyl, and Cyanide.
The soil remediation standard for 1,1,2,2- Tetrachloroethane is unchanged.
Thallium will no longer be regulated.
Given its frequent presence in urban and industrialized sites, the most notable change is the revised parameters for benzo[a]pyrene. The less stringent standard should make it easier for land developers and other parties to remediate sites containing the contaminant.
Phase-In of Updated Standards
The NJDEP has advised that entities responsible for conducting the remediation may continue to remediate a site using soil remediation standards in effect prior to September 18, 2017, provided the updated remediation standard is not an order of magnitude or more lower than the pre-September 18, 2017 remediation standard, and if the following conditions exist:
The site being remediated has either: an existing Remedial Action Workplan or Remedial Action Report approved by the NJDEP, or an existing Remedial Action Workplan or Remedial Action Report certified by a licensed site remediation professional (LSRP) and that has been submitted to the agency. OR
The site being remediated will have by March 18, 2018 either: a Remedial Action Workplan or Remedial Action Report approved by the NJDEP, or a Remedial Action Workplan or Remedial Action Report certified by an LSRP and submitted to the agency.
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, at 201-806-3364.
Business Mediation: An Overview and Practical Tips
Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Top 5 Causes Leading to Construction Defect Litigation
The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
How to Protect Your New Jersey Business When Going through a Divorce
The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together
New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York
No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
