New Law Requires Notice to Municipality of Remedial Action

Title:
New Law Requires Notice to Municipality of Remedial Action
Publication:
Environmental Update
Practice:

On August 2, 2006, Governor Jon Corzine signed S1708/S1711, which requires:

Upon initiation of the remedial action phase of the remediation of a contaminated site, any person who is responsible for conducting a remediation of the contaminated site, including NJDEP when it conducts a remediation of a contaminated site using public monies, shall provide written notification describing the activities that are to take place at the contaminated site to the clerk of the municipality wherein the site is located. (P.L.2006, c.65)

Under the law, "person responsible for conducting the remediation" is defined as any person who executes or is otherwise subject to an oversight document, and "oversight document" is defined to include any document NJDEP or a court issues to define the role of a person participating in the remediation of a contaminated site or area of concern. The definition includes administrative orders, administrative consent orders, court orders, memorandums of understanding, memorandums of agreement or remediation agreements.

Written notice to the municipality must include the site location, including address and tax block and lot number. The municipality must also be informed that it may receive a copy of the Remedial Action Workplan for the site and any updates or status reports from the responsible party, upon request. If remediation will take longer than two years to complete, notification must be provided to the municipality every two years until remediation is completed.

The public must also be notified of the remediation, pursuant to rules and regulations to be adopted by NJDEP within six months of the enactment of this law. Specifically, the rules and regulations will require written notification to any local property owners and tenants who reside within 200 feet of the contaminated site.

The law makes an exception to the notification requirement for remediation of a contaminated site caused by a leaking residential underground storage tank used to store heating oil for on-site consumption in a one to four family residential building, or an emergency response action.

The law supplements N.J.S.A. 58 and is to take effect immediately.