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NJ Governor Signs Law Allowing for Extension of Statutory Deadline for Submission of Remedial Investigation of Pre-1999 Discharges

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On January 21, 2014 Governor Christie signed S-3075 which authorizes the NJDEP to extend the statutory deadline for submission of Remedial Investigations (RI) of pre-1999 discharges for two years to avoid the potential Direct Oversight by NJDEP. The legislation was co-sponsored by Senator Christopher “Kip” Bateman, a partner in the firm.

In order to qualify for the extension to May 7, 2016, the LSRP of record will be required to certify to NJDEP by March 7, 2014 that the person Responsible for Conducting the Remediation (PRCR) has met the following requirements:

1. An LSRP has been retained for the applicable remedial phase;

2. The responsible party/applicant has met any applicable mandatory deadlines at the time of certification;

3. The applicant has made a technically complete submission of a preliminary assessment and site investigation report; an initial receptor evaluation, and, if applicable, an immediate environmental concern (IEC) source control report and/or light non-aqueous phase liquid (LNAPL) interim remedial measure control report;

4. The applicant has established a remediation funding source, if required under the Industrial Site Remediation Act (ISRA), or if not, established a remediation trust fund for the estimated cost of the RI;

5. The applicant has paid any undisputed NJDEP oversight costs, annual remediation fees, or remediation funding source surcharges.

The NJDEP is currently finalizing the application form and instructions for submission of a request for the extension. Prior to this amendment to the Site Remediation Reform Act (SRRA) the NJDEP had no statutory right to extend the time for submission of the RI. This legislation provides some flexibility for the NJDEP to allow extensions where, in essence, the applicant can certify that it has been diligent in its efforts to remediate the contamination at the site.

DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum PC (http://www.dbnjlawblog.com) is a full service law firm in New Jersey which provides a broad range of legal services.

The information contained in this blog is intended solely for informational purposes; it is a advertising publication of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum P.C.This publication is intended to alert recipients of developments in the law and is not intended to provide legal counsel, advice or opinion on any specific facts or circumstances. The contents are intended as general information only. You are urged to consult a member of this firm or your own attorney concerning your particular situation and any specific legal questio.