Governor Signs Legislation Authorizing Extension of Mandatory Deadline for Submitting to DEP Remedial Investigation Reports—3/7/14 Application Required

Posted on Thursday, January 23, 2014 by Steven R. Gray

On January 21^st, the Governor signed Assembly Bill No. 4543 into law (“Act”), authorizing an extension of the mandated May 7, 2014 deadline for the completion of pending environmental “remedial investigations” until May 7, 2016.  As reported in our previous firm blog postings, the Site Remediation Reform Act (“SRRA”), N.J.S.A. 58:10C-1 et seq, established a May 7, 2014 deadline for completing the remedial investigation for all sites that triggered remediation requirements prior to May 7, 1999.  The Act sets forth the eligibility criteria for an extension, among the most controversial being the requirement to establish a remedial trust fund ( i.e. cash or equivalent) in the amount of the cost to complete the required soil/groundwater investigations (unless the responsible party has already posted security for the cleanup).

The deadline for submitting an extension application is March 7, 2014 and is deemed approved upon receipt by the NJDEP of a certification by the owner/responsible party’s Licensed Site Remediation Professional .If the certification is deficient, your extension is subject to being revoked.  Therefore, it’s a good investment to get some good legal advice.   Please call Sue Gieser or Steve Gray at (201) 863 – 4400 to discuss the impact the Act has on your project.