New Jersey Zoning Watch

A law blog on New Jersey land use issues

Archive for April 22nd, 2008

ISRA Applicability Determinations by NJDEP to End

Posted by Phil Morin on April 22, 2008

As of April 30, 2008, NJDEP’s Site Remediation Program will no longer provide applicability determinations regarding the Industrial Site Recovery Act.  While the Department had recently indicated that it would drastically scale back the applicability determination process, many practitioners expected that a limited applicability review for “close cases” involving complex transactions would remain in place.  According to a telephone conversation with John Gradwohl, a supervisor in the Site Remediation program at NJDEP, there are no exceptions to the new policy, even for complex transactions.  The supervisor of the Applicability Unit, Jim Bono, also confirmed current NJDEP policy via e-mail.

Any applications received after April 30, 2008, will be returned unprocessed.  The application for a letter of non-applicability (LNA) is no longer available at the ISRA form page on the NJDEP website. 

This policy decision will likely create a stir among transactional lawyers.  In some instances, it may complicate or delay real estate deals going forward, since many form real estate contracts require that a seller obtain a LNA prior to closing and many existing leases undoubtedly require that upon termination of the lease, a tenant must apply for and receive a LNA or comply with ISRA.

For a link to the NJDEP statement, click here.

Posted in Environmental Issues | Leave a Comment »

NJDEP Proposes Licensing Private Consultants to Speed Cleanups

Posted by Phil Morin on April 22, 2008

When NJDEP Commissioner Lisa Jackson testified before a joint session of Senate and Assembly committees which oversee environmental issues, she discussed a number of legislative reforms proposed by NJDEP to address the substantial backlog of cleanup cases in New Jersey, concerns of the NJDEP regarding site remediation at “brownfield” sites, additional oversight of residential development at contaminated properties and other changes to the site remediation program.  According to the Star Ledger, the Commissioner proposed the following:

[A]fter a year of discussions with environmental activists and the business community, the DEP is proposing licensing environmental consultants — engineers who would be hired by polluters to supervise cleanups in place of DEP staff. Only 20 percent of the projects would have to be checked by the DEP, leaving the rest to be declared clean by the licensed consulting engineers.

[Assistant Commissioner Irene] Kropp said the proposal is considered the key factor in the effort to hasten cleanups but it is strongly opposed by environmentalists who argue the DEP would be leaving the cleanup of up to 14,000 polluted sites to engineers who would be paid by polluters.

. . . . 

The DEP also wants to be able to set the time frame for property cleanups, establish a “one-call” cleanup permitting system, and levy a 1 percent surcharge on chemicals to raise $2 million annually for the state Remediation Guarantee Fund, which totals $5 million.

Other proposals would encourage urban “brownfields” redevelopment by limiting potential cleanup responsibility for a buyer to the site itself and not for off-property pollution. DEP also wants more authority to rule when a formerly polluted property is proposed for the site of a school, child-care center or houses. The changes would raise state aid for the removal of residential underground storage tanks from $3,000 to $4,000, and help finance the cleanup of pollution related to dry-cleaning businesses by using money from the $108 million underground storage tank removal fund.

For the full article from the April 16, 2008 Star Ledger, click here.

For a link to the full testimony of Commissioner Jackson and Assitant Commissioner Kropp, as well as the NJDEP proposed legislative reforms and white paper click here.

Posted in Environmental Issues, Legislation | Leave a Comment »

 
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