May 7, 2014, Remedial Investigation Deadline Extended on Certain Conditions

Governor Christie signed A-4543/SCS for S-3075 authorizing the New Jersey Department of Environmental Protection (“NJDEP”) to grant a two year extension to complete remedial investigations at sites where remediation was triggered prior to May 7, 1999

On January 21, 2014, Governor Christie signed A-4543/SCS for S-3075 authorizing the New Jersey Department of Environmental Protection (“NJDEP”) to grant a two year extension to complete remedial investigations at sites where remediation was triggered prior to May 7, 1999.  Applications for the extension must be submitted to NJDEP by no later than March 7, 2014.  These sites had been required to complete their RIs and to submit their RI Reports to NJDEP by May 7, 2014.  The failure of these sites to complete their RIs by the May 7, 2014 deadline could result in NJDEP taking direct oversight of the remediation.

How does this affect you?

If you are the Responsible Party (RP) at the site where the remediation was triggered prior to May 7, 1999, you are required to complete the RI and submit the RI Report to NJDEP prior to May 7, 2014.  If you are having difficulty completing the RI, or the RI Report will not be completed by May 7, 2014, you should consider filing for an extension.

Do You Qualify For An Extension?

In order to qualify for the two year extension of the May 7, 2014 RI deadline, you, as RP, need to meet the following requirements:

• Have retained a New Jersey Licensed Site Remediation Professional (LSRP) to conduct the remediation at the site;
• Have met any NJDEP mandatory remediation timeframes applicable to the site;
• Have made technically complete submissions to NJDEP, as applicable, for (a) an initial receptor evaluation; (b) an immediate environmental concern source control report; (c) a light non-aqueous phase liquid interim remedial measure report; (d) a preliminary assessment report; and (e) a site investigation report;
• Have established a remediation funding source for the cost of the remediation or, if not previously established, have established a remediation funding source for the estimated cost of the remedial investigation; and
• Paid NJDEP oversight costs, annual remediation fees or remediation funding source surcharges.

We suggest that you immediately review your current environmental remediation sites and determine whether the May 7, 2014 RI deadline applies to you and if it does, whether you should apply to NJDEP for a two year extension of the RI deadline.  You must submit your request to NJDEP for the extension by no later than March 7, 2014.  There are a number of considerations which you need to take into account in deciding whether to seek the extension, including the need to establish a remediation funding source for the estimated cost of the remedial investigation.  We would be happy to assist you in determining whether you need, and qualify for, an extension.

If you have any questions concerning the NJDEP remedial investigation (RI) extension, please do not hesitate to contact us.