NJDEP Releases Draft NJ Remedial Priority System Scoring Packages and Comprehensive Revisions to Site Remediation Program Regulations

May 31, 2012
by BRUCE S. KATCHER
MGKF Special Alert

This Special Alertreports on two very important developments under the New Jersey Site Remediation Program (SRP):

  • Mailing of the remedial priority system contaminated site draft scoring packages
  • Publication of comprehensive revisions to the SRP regulations on May 7, 2012

Below we have provided a brief summary of each of these major developments and links to additional information.

I. REMEDIAL PRIORITY SCORING (RPS) SYSTEM

What's it all about?
If you are involved in the remediation of a contaminated site in New Jersey, you may already have received your scoring package. Beginning in early May (and extending into June), the NJDEP began sending out letters and the accompanying scoring forms to initiate RPS implementation. The mailings do not include the scores, but only the information that will be used to develop the scores which will be generated by a computer model and used to rank each site from one (lowest risk) to five (highest). The rankings will be used by DEP to allocate its internal resources to high risk cases and may be used by prospective purchasers, lenders, insurers, neighbors, litigants and others to evaluate and take action which could negatively impact the site or the owner based on the risk profile of a property.

How do I correct or submit new information?
Parties must first register to submit information by July 13 - registration will entitle the party to obtain more detailed information on the data and extent areas for the site. They then will have until August 10 to make a submission. Rankings will be posted on the internet sometime this fall.

More information on the RPS is available here.

II. COMPREHENSIVE REVISION TO SRP REGULATIONS

On May 7, 2012, NJDEP published a comprehensive update of its regulations governing the Site Remediation Program. This date coincides with the deadline by which New Jersey site remediation cases - new and existing - must have entered the licensed site remediation professional (LSRP) program established under the Site Remediation Reform Act. The revisions are intended to revamp the regulations to address the discontinuation of direct NJDEP oversight of most SRP cases and the full implementation of the LSRP program for all cases except for unregulated heating oil tanks.

The revised regulations cover a wide range of issues, including:

  • A major reworking of the Technical Requirements for Site Remediation (Tech Regs) to make them more performance oriented
  • Key revisions to the procedures in the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS)
  • Conforming revisions to the Industrial Site Recovery Act (ISRA) rules and the regulated underground storage tank program.

A summary of the principal new provisions of the SRP regulations can be found here.

For more information on either of these topics, please contact Bruce S. Katcher (484-430-2320 or bkatcher@mgkflaw.com).