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Environmental Law

In a state noted for its strict and pace-setting environmental laws, Riker Danzig’s Environmental Law Group is among...

ISRA Update: Deed Notices and Engineering Controls

October 30, 2016

NJDEP has said recently that it intends to step up its efforts to inspect engineering controls (remediation caps, fences, collection systems, etc.) that have been implemented by parties pursuant to the Technical Requirements for Site Remediation.   In addition, the agency's Deed Notice Inspection Program will conduct a mailing in Fall 2000 to those parties who have filed Deed Notices, and/or the owners and operators of the affected properties, to provide a reminder of the continuing obligation to maintain and inspect institutional and engineering controls.  In fact, the Technical Requirements require responsible parties, owner/operators, and even lessees (1) to maintain and inspect institutional and engineering controls to ensure the controls continue to be effective and (2) to certify biennially compliance with these requirements.  The biennial certification is first due to NJDEP on the second anniversary of the date of any No Further Action Letter issued for the site or area of concern.  Responsible parties, and owner/operators and lessees of properties on which Deed Notices have been filed, should ensure that these continuing obligations for institutional and engineering controls are met.  See N.J.A.C. 7:26E-6.4(g).

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