Gibbons Law Alert

Gibbons Law Alert

Tagged: Remediation

NJDEP Licensing Board Sets April 18 Deadline for Comments on LSRP Audit Process

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Posted in Environmental and Green Issues

On April 13, 2011

The Audit Committee of the New Jersey Department of Environmental Protection’s Site Remediation Professional Licensing Board is soliciting comments on its draft process and questionnaire for the completion of statutorily required audits of the work of Licensed Site Remediation Professionals (LSRPs). The Committee is accepting comments until April 18, 2011. The Board intends to finalize the process and questionnaire at its May 2, 2011 meeting.

The Lighter Side of LSRP: Opportunity to Reduce Remediation Funding Source in New Jersey

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Posted in Environmental and Green Issues

On September 22, 2010

With the advent of New Jersey’s LSRP program comes an added financial benefit for environmental remediation matters requiring a remediation funding source (“RFS”). There is an opportunity to save on the statutory annual 1% surcharge on an RFS, especially useful for those sites subject to the requirements of the Industrial Site Recovery Act.

NJ LSRPs Open to Frivolous Claims

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Posted in Environmental and Green Issues

On August 2, 2010

Despite the new licensing program for environmental consultants in New Jersey, they still remain open to professional tort claims without the necessity of an affidavit of merit. As required by N.J.S.A. 2A:53A-27, a plaintiff making a claim for malpractice or negligence against a “licensed person” must provide an, “affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices.”

In the 9th Circuit, Under CERCLA, the Cleanup Hitter or Liable Owner is the One on Deck When the Cleanup Occurs, Not When the Suit is Instituted

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Posted in Environmental and Green Issues / Transactional Real Estate and Leasing

On July 29, 2010

Believe it or not, in the 30 years of recorded decisions under CERCLA, the issue of who is an “owner” has not been decided, according to the Ninth Circuit Court of Appeals in California v. Hearthside Residential Corp., case number 09-55389 (Decided July 22, 2010). CERCLA Section 107(a)(1) imposes liability on the current “owner and operator of a . . . facility.” 42 U.S.C. § 9607(a)(1). In the Hearthside case, Hearthside Residential Corporation (“Hearthside”) sold the property in question before the State of California sued it for reimbursement of clean-up costs. The Ninth Circuit determined that ownership for the purposes of CERCLA liability must be determined at the time of cleanup.

Gulf Coast Spill Impacts Legislation in Trenton, NJ

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Posted in Environmental and Green Issues

On July 15, 2010

This summer, the long shadow cast by the oil rig blow-out in the Gulf of Mexico seems to be everywhere. For example, we recently reported that EPA has written to Congress endorsing the concept of reinstating the Superfund tax which expired back in 1995. Thus, it was only a matter of time before New Jersey got into the act. On July 15, 2010, the Senate Environment and Energy Committee in Trenton took up S-2108. If adopted in its present form this bill would raise the limit on liability pursuant to the New Jersey Spill Compensation and Control Act from $50 million to $1 billion.

Site Remediation Process – NJ to Develop Remedial Priority System

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Posted in Environmental and Green Issues

On June 28, 2010

New Jersey is pressing forward with its efforts to privatize the site remediation process. Since adoption of the Site Remediation Reform Act (SRRA) in May 2009, there has been a steady stream of new regulations, new guidance documents and revised forms. Because of these changes, practitioners must constantly check the New Jersey Department of Environmental Protection’s website.

Determining What Standards Apply to Your Site Just Got Easier

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Posted in Environmental and Green Issues

On January 28, 2010

Without changing a single standard, NJDEP may have made it easier to comply with its many surface water, groundwater, drinking water, and soil remediation standards by compiling a useful on-line compendium of selected environmental standards. Standards can change, though, so the prudent developer, consultant, or attorney will check the New Jersey Administrative Code before making any decisions.

Keeping Up With SRRA Developments

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Posted in Environmental and Green Issues

On January 27, 2010

The passage in 2009 of the Site Remediation Reform Act (SRRA) introduced a great deal of uncertainty into the site cleanup process. The procedures, paperwork, and terminology of the site cleanup process have changed. NJDEP has developed a web page to help the public to stay abreast of all SRRA developments, including information such as the new Administrative Requirements for the Remediation of Contaminated Sites (ARRCS Rules).

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