NJDEP Site Cleanup Public Notice and Outreach Regulations Proposed

August 16, 2007
by BRUCE KATCHER
Client Alert Newsletter August 2007

In our August 2006 Client Alert, we reported on new legislation requiring the New Jersey Department of Environmental Protection ("NJDEP") to issue regulations within six months requiring that a party remediating a contaminated site notify property owners and tenants residing within 200 feet of the site of the remedial action and perform various other outreach measures. Those regulations were finally proposed one year later in the August 6 New Jersey Register. The proposal provides for posting signs or sending public notifications, notifying municipal officials, identifying nearby sensitive populations and providing enhanced outreach where contamination has migrated beyond the property boundary or where a municipal or citizen petition evidences substantial public interest. A public hearing on the proposal is scheduled for September 7 and written comments are due by October 5. Please see the August 2006 Client Alert for further information, including certain municipal notice requirements that went into effect without NJDEP regulations.