Deadline Draws Near to Update NJ Site Remediation Program Public Notifications

August 5, 2011
by BRUCE S. KATCHER
MGKF Special Alert

This Special Alert is a reminder of a September 2, 2011 deadline that will affect any party that complied with regulations promulgated by the New Jersey Department of Environmental Protection (NJDEP) in 2008 imposing new public notification requirements under the Site Remediation Program effective September 2, 2009. These regulations required all sites to either (1) post a sign which notifies the public of the ongoing remediation case and identifies who to contact for information or (2) distribute letters informing surrounding property owners, tenants and municipal officials of the presence of contamination and planned remediation activities.

Updating Notification Letters

Those parties that complied with the regulations by sending letters in lieu of posting a sign are required to update those letters every two years to reflect the current condition and progress of the remediation. If you met the public notification requirements when they first went into effect on September 2, 2009, new letters must be sent to the parties designated by the regulations by September 2, 2011.

Of course, the regulations also apply to any cases initiated after September 2, 2009. However, the deadline for updating those notification letters runs two years from the date that notice was initially given.

To avoid the need to send updated letters, a party may select, instead, to post a sign. The regulations afford the flexibility to switch from using letters to using a sign (or vice versa) at any time.

Updating Signs

While there is no comparable regulation requiring the updating of signs, if a sign was posted, now may be a good time to review the sign to ensure that the information contained on it is still accurate. For example, if a case has opted into the new Licensed Site Remediation Professional (LSRP) program, the sign must include the name and telephone number for the LSRP. All cases must opt into the LSRP program by May 2012, so all signage will require this information at that time.

Further Information

If you require further information in meeting any of the above requirements, please feel free to contact either Bruce Katcher (bkatcher@mgkflaw.com; 484-430-23230) or Chris Ball (cball@mgkflaw.com; 484-430-2358).