New Mandatory Site Remediation Reform Act Environmental Deadlines for New Jersey

The Entech Group, Inc., an energy, engineering and environmental company in New Jersey, has announced that the New Jersey Department of Environmental Protection (NJDEP) has established new mandatory timeframes that apply to persons responsible for conducting a remediation pursuant to N.J.S.A. 58:10C-1et seq. – Site Remediation Reform Act (SRRA). The deadline for the first round of mandatory timeframes prescribed under the Administrative Requirements for the Remediation of Contaminated Sites – N.J.A.C. 7:26C was March 1, 2012. Activities and submissions subject to the mandatory March 1, 2012 deadline are as follows:

• If remediation was initiated prior to March 1, 2010 and a Preliminary Assessment (PA) and/or Site Investigation (SI) is required pursuant to the Industrial Site Recovery Act (ISRA) or the Underground Storage Tank (UST) Act, submit a PA and/or SI report;
• If remediation was initiated prior to March 1, 2010, submit an initial receptor evaluation report;
• If an Immediate Environmental Concern (IEC) condition was identified prior to March 1, 2010, initiate IEC contaminant source control and submit an IEC contaminant source control report; and
• If light non-aqueous phase liquid (LNAPL) was identified prior to March 1, 2010, complete the installation of a LNAPL free product interim remedial measure, initiate operational monitoring and submit a LNAPL free product interim remedial measures report.

The deadline for requesting an extension to the March 1, 2012 mandatory timeframe under N.J.A.C. 7:26C-3.5 (Extension of a Mandatory or an Expedited Site Specific Remediation Timeframe) has expired. The NJDEP has advised that failure to perform any of the aforementioned NJDEP required activities and submissions by the March 1, 2012 mandatory deadline will require the immediate retention of an LSRP. The Entech Group, Inc. employs an LSRP, along with an experienced NJ environmental services staff, ready to assist responsible parties with the requirements of SRRA. In addition, failure to comply with the mandatory timeframes and requirements may result in sanctions, penalties and subjecting the project to direct oversight (SRRA; N.J.S.A. 58:10C-27 – Direct Oversight of Remediation by Department; Conditions) by the NJDEP. The NJDEP has advised that they intend to enforce the direct oversight requirements related to missed mandatory timeframes by, among other things, implementing an NJDEP selected remedial action and requiring the posting of a remediation funding source by responsible parties.

New regulations promulgated under SRRA are expected to be published on or about May 2012 and will contain, among other things, deadlines for additional submission requirements.

For more information, visit The Entech Group online.

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