Last week, the New Jersey Department of Environmental Protection (NJDEP) announced a new Response Action Outcome (RAO) Notice, which allows Licensed Site Remediation Professionals (LSRPs) to issue an RAO for a site with contaminated sediment that migrated from an off-site source. The new notice, entitled “Sediment Contamination From an Off-Site Source Not Remediated –
LSRP
How to Value Contaminated Property in a New Jersey Condemnation Matter
A recent New Jersey Appellate Division case clarifies the process of valuing contaminated property in a condemnation action, and finds that where the cleanup has been completed, even if contamination remains at the property, the property owner is not required to escrow additional monies for any further cleanup.
In 2003, in the Suydam Investors case…
Practical Considerations in Real Estate Transactions in Light of SRRA
Article originally published in New Jersey Law Journal.
In an effort to expedite the remediation of more than 20,000 contaminated sites, New Jersey passed the Site Remediation and Reform Act (SRRA) on May 7, 2009. SRRA transferred the responsibility of overseeing most cleanups in the state from the New Jersey Department of Environmental Protection (NJDEP)…
NJDEP to Rank Contaminated Properties Based Upon Environmental Risk
Over the next three to four weeks, the NJDEP will be sending letters to the responsible parties for all contaminated properties in New Jersey (other than residential properties) providing the NJDEP’s proposed ranking for each site. Responsible parties will have only about 60 days to “challenge” those rankings.
The Site Remediation Reform Act, passed in…
Public Notification and Outreach Rule Update
This article is a follow-up to our prior post of July 31, 2009 dealing with this issue. As you may know, the New Jersey Department of Environmental Protection (“NJDEP”) enacted a notification and public outreach rule, N.J.A.C. 7:26E-1.4 et seq., in September of 2008. The regulation requires responsible parties who are conducting an environmental…