1. Environmental Law Alert
May 2014
* This Environmental Law Alert should not be construed as legal advice or a legal opinion on any specific facts or circumstances.
The contents are intended for general informational purposes only, and you are urged to consult your own lawyer concerning your
specific situation or any legal questions you may have.
www.wolffsamson.com ■
WOLFF & SAMSON PC
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West Orange, NJ 07052
(973) 325-1500
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New York, NY 10005
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Trenton, NJ 08608
(609) 396-6645
ATTORNEY ADVERTISING*
May 7, 2014 Remedial Action Permit Application Deadline
It is widely known in the environmental community that May 7, 2014 marks the statutory deadline for
responsible parties to complete the Remedial Investigation at sites where a discharge was discovered
before May 7, 1999. Unless an extension was obtained, environmental consultants across New Jersey
are racing the clock to complete their delineation sampling and prepare a Remedial Investigation Report
for submittal to the New Jersey Department of Environmental Protection (“NJDEP”). Less known is the
fact that May 7, 2014 is also the deadline to submit a Remedial Action Permit application for previously
closed sites.
A Remedial Action Permit application must be submitted by May 7, 2014 if a Restricted Use No Further
Action (“NFA”) letter or Limited Use NFA letter was issued for the site prior to May 7, 2012 by the NJDEP
and a Remedial Action Permit has not already been issued.
Restricted Use NFA letters are issued where the remedial action employed at the site includes the
continued use of engineering and institutional controls in order to meet the established health risk or
environmental standards. Limited Use NFA letters are issued where the remedial action requires the
continued use of institutional controls but does not require the use of an engineering control to meet the
established health risk or environmental standards.
Engineering controls are physical mechanisms used to contain or stabilize contamination, such as an
asphalt cap, building foundation, leachate collection system or fence. Institutional controls are used to
provide legal notice of contamination that remains on site and may restrict the use of the site. Examples
of institutional controls include deed notices, well restricted areas (“WRAs”), groundwater classification
exception areas (“CEAs”) and declarations of environmental restrictions.
Sites that were issued a Restricted or Limited Use NFA letter were required to submit certifications to the
NJDEP on a biennial basis, certifying that the engineering or institutional control remains in place (known
as a “biennial certification”). With the enactment of the Site Remediation Reform Act, a new requirement
was imposed that sites with restricted cleanups also obtain a Remedial Action Permit. The Administrative
Requirements for the Remediation of Contaminated Sites established the deadline for responsible parties
at previously closed sites to apply for the Remedial Action Permit. Responsible persons that fail to apply
for the permit by the deadline could be subject to a violation and assessment of a base penalty of
$15,000.
If you have any questions regarding Remedial Action Permits or the upcoming deadline please
contact:
Dennis M. Toft | Co-Chair, Environmental Group | dtoft@wolffsamson.com | (973) 530-2014
Robert H. Crespi | Member of the Firm | rcrespi@wolffsamson.com | (973) 530-2060
Todd W. Terhune | Member of the Firm | tterhune@wolffsamson.com | (973) 530-2091