Deadline Relief for Remediation Projects in New Jersey

Deadline Relief for Remediation Projects in New Jersey

If you have New Jersey properties in your remediation portfolio, you may now have extra time to complete remedial investigations. Governor Christie recently signed legislation allowing certain persons responsible for conducting remediation to qualify for a two year extension to complete the remedial investigation by May 7, 2014. To take advantage of this opportunity, you must submit a certification to the NJDEP by March 7, 2014 that certain criteria have been met.

If you can answer yes to these questions, you are ready to submit a certification and get two years of deadline relief:

  1. Have you retained a licensed site remediation professional to conduct the remediation of the site?
  2. Have you met the remediation requirements included in all applicable mandatory remediation timeframes?
  3. Have you made technically complete submissions in compliance with all regulations for site remediation, as applicable, for the:
    1. initial receptor evaluation,
    2. immediate environmental concern source control report,
    3. light non-aqueous phase liquid interim remedial measure report,
    4. preliminary assessment report, and
    5. site investigation report?
  4. Have you established a remediation funding source if required by the Brownfield Act?
  5. If a remediation funding source is not required to be established, have you established a remediation trust fund for the estimated cost of the remedial investigation?
  6. Have you paid all oversight costs known at the time of the certification and for which you have not filed a dispute with the DEP?
  7. Have you paid to the DEP all annual remediation fees and remediation funding source surcharges, as applicable

There are also provisions for receiving an extension to the May 7, 2014 deadline if remediation is delayed due to obtaining state funding.

Additional information and the required certification forms were posted to the NJDEP Site Remediation Program website and are available here.

If you have any questions about what this extension means for you, or are unsure of your answer to any of the questions above, contact one of our experts and we will help you navigate this change.

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