On August 15, 2011, the New Jersey Department of Environmental Protection (the “DEP”) proposed final rules to fully implement the Site Remediation Reform Act (“SRRA”). The SRRA was enacted in 2009 to ensure the timely remediation of contaminated sites in New Jersey, primarily through the use of private Licensed Site Remediation Professionals ("LSRP"s). The transformation of New Jersey’s remediation program will be complete and the use of LSRPs will be required for all remediation sites (with very limited exceptions) as of May 7, 2012. This extensive rulemaking of almost 1000 pages significantly modifies both the Administrative Requirements for the Remediation of Contaminated Sites (“ARRCS”) and the Technical Requirements for Site Remediation (“Technical Rules”). The proposal is subject to a 60 day public comment period and a hearing on the rules will be held on September 13, 2011. The complete proposal can be found on the DEP’s website at http://www.nj.gov/dep/rules/notices.html.
These proposed rules represent the culmination of a radical change to how contaminated sites are remediated in New Jersey. If you are responsible for the remediation of sites in New Jersey or otherwise have an interest in such properties (for example, being the successor owner of the property or a lender), it is imperative that you understand the implications of these rules.
Highlights of the proposed rule include:
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If you have any questions regarding these proposed rules, please contact any of the members of Dilworth’s environmental practice group.