NJDEP Proposes Regulations to Expedite Homeowner Tank Cleanups

May 16, 2007
by BRUCE KATCHER
Client Alert Newsletter May 2008

After evaluating the results of a pilot program to expedite the processing of homeowner heating oil tank cleanups, the New Jersey Department of Environmental Protection ("NJDEP") proposed regulations to formalize the program in the May 5, 2008, New Jersey Register. The regulations will revise the process for certifying contractors to perform these cleanups and require any homeowner seeking a no further action ("NFA") letter for a tank cleanup under NJDEP's voluntary cleanup program to use a certified contractor to perform the cleanup and prepare the requisite reports. The certified contractor would be responsible for oversight of the cleanup, in lieu of NJDEP, although NJDEP will audit approximately 20% of these cases. NFA letters would be issued based upon certification by the contractor that the cleanup had been completed in accordance with the NJDEP's Technical Requirements for Site Remediation. NJDEP hopes that this will result in overall improved efficiency in the Site Remediation Program given that homeowner tank cases represent such a large percentage of its case load.