Sweeping Regulatory Changes Impact All Contaminated Sites

Title:
Sweeping Regulatory Changes Impact All Contaminated Sites
Publication:
Environmental ALERT
Practice:

New remediation regulations now apply to all sites where there has been a discharge of hazardous substances. Effective November 4th, the Administrative Requirements for Remediation of Contaminated Sites (ARRCS) provide details of the new site remediation program instituted by the Site Remediation Reform Act (SRRA). These interim regulations include significant substantive changes to the Technical Requirements for Site Remediation (Tech Regs) that immediately impact ongoing as well as new cases.

If you are involved in a site remediation project, if you buy, sell or own contaminated property, or if you are an environmental professional, you should learn more about this special regulatory adoption and its applicability to your business or property.

Under the new site remediation program, the New Jersey Department of Environmental Protection (NJDEP) will have a limited role in the vast majority of cleanups. Instead, private Licensed Site Remediation Professionals (LSRPs) will oversee the work and, in lieu of NJDEP-issued no further action letters, LSRPs will issue Response Action Outcomes (RAOs) certifying that the investigation and cleanup of contaminated sites have been completed in accordance with State standards.

New Cases vs. Existing Cases

Technical Requirements Applicable to All Cases

Regardless of status as a new or existing case, the following apply now to all remediation cases:

Transactions and ISRA

The interim rules affect transactions, due diligence and the ISRA compliance process. For pre-acquisition due diligence: