NJDEP Adopts Amendments To Site Remediation Rules And Initiates New Program For Remediation Of “Heating Oil Tank Systems”

NJDEP Adopts Amendments To Site Remediation Rules And Initiates New Program For Remediation Of “Heating Oil Tank Systems”
Riker Danzig Environmental UPDATE September 2018

Contaminated site remediation projects in New Jersey are governed by an assemblage of rules and regulations that implement the State’s environmental statutes.  Just last week, the New Jersey Department of Environmental Protection (“NJDEP”) adopted amendments to a number of these rules.  While the NJDEP has characterized the amendments as changes that will clarify the rules and further streamline the implementation of the site remediation program, there are a number of noteworthy revisions that modify existing remediation obligations and procedures.  In addition, the NJDEP adopted new regulations that address discharges from a category of heating oil tanks identified collectively as “heating oil tank systems (“HOTS”).”  Although the specific changes are numerous, below is a listing of the more significant rule changes.  If you are involved in the investigation or remediation of a contaminated property, you should review the amendments to determine whether these changes affect your site.

Discharges of Petroleum and Other Hazardous Substances, N.J.A.C. 7:1E (the “Discharge Rules”)

New Jersey Pollutant Discharge Elimination System Rules, N.J.A.C. 7:14A (the “NJPDES Rules”)

Underground Storage Tank Rules, N.J.A.C. 7: 14B (the “UST Rules”)

Industrial Site Recovery Act Rules, N.J.A.C. 7:26B (the “ISRA Rules”)

Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C (“ARRCS”)

Technical Requirements for Site Remediation, N.J.A.C. 7:26E (the “Tech Regs.”)

Heating Oil Tank Systems Rules, N.J.A.C. 7:26F (“HOTS Rules”)

Given the breadth of these amendments, anyone conducting or overseeing an investigation or remediation at a contaminated site should review these changes.  In addition, more changes are on the horizon as stakeholders have been engaged with the NJDEP and Senator Bob Smith, Chairman of the Senate Environment and Energy Committee, to identify additional changes to improve the site remediation program, under an initiative commonly referred to as SRRA 2.0.  Our environmental attorneys are engaged in this stakeholder process and can keep you informed of the latest developments in the SRRA 2.0 discussions.

For more information, please contact the author Jaan M. Haus at jhaus@riker.com or any attorney in our Environmental Practice Group.