New Jersey 2016 Remedial Investigation Report Deadline

January 25, 2016
Christopher D. Ball, Esq.
MGKF Special Alert - Forecast 2016

New Jersey’s Site Remediation Reform Act (SRRA), enacted in 2009, requires any person responsible for conducting a remediation of a discharge identified (or which should have been identified) prior to May 7, 1999 contamination to complete an entire site remedial investigation (RI) within five years of the enactment of SRRA or be placed under the direct oversight of the New Jersey Department of Environment Protection (NJDEP).  The five-year anniversary of the SRRA expired in May of 2014, and numerous older sites with incomplete RIs could have been subjected at that time to NJDEP direct oversight but for legislation that was passed in 2013 authorizing a two-year extension of the deadline for sites that applied for the extension by March of 2014 and met certain specified requirements.  For NJ sites that previously applied for and received the extension, the RI deadline is now approaching again and will expire on May 7, 2016.  This is a statutory deadline.  Barring any additional legislative extension, failure to meet the deadline will result in NJDEP, rather than the Licensed Site Remediation Professional, overseeing all site remediation activities and selecting the remedial action, and will also require the responsible party to: (1) prepare a feasibility study evaluating alternative remedial actions; (2) establish a trust fund for the full cost of the remedial action, and (4) implement a public participation program for the site. Review past MGKF alerts for more information on the RI deadline and the 2014 extension.