Relief to Parties Facing Mandatory and Regulatory Deadlines to Complete the Remediation of Contaminated Properties in New Jersey in Light of Ongoing COVID-19 Pandemic: NJDEP Extends Deadlines
The New Jersey Department of Environmental Protection (NJDEP) Notice of Rule Waiver/Modification/Suspension provides relief to owners of property and businesses that were facing the looming deadline of May 2021, to complete the remediation of contamination. These owners, operators and remediating parties can breathe a short sigh of relief in light of the NJDEP’s Rule announced on February 8, 2021 that extends the mandatory and regulatory timeframes to complete the remediation from May 6, 2021 to May 6, 2022 because of the ongoing COVID-19 pandemic.
As a result of the ongoing Public Health Emergency and State Emergency declared by Governor Murphy by way of Executive Order No. 103 dated March 9, 2020 (“EO 103”), the New Jersey Department of Environmental Protection (“NJDEP”) recently authorized a Notice of Rule Waiver/Modification/Suspension to extend certain “mandatory” and “regulatory” deadlines to complete the remediation of contaminated properties in New Jersey (the “2021 Rule”). Under NJDEP regulations, persons responsible for remediating contaminated property are subject to both “mandatory” and “regulatory” deadlines. Before the NJDEP’s recent new rule, many parties around the state were facing a looming deadline of May 2021 to complete the remediation of the contaminated properties, or be subject to fines and penalties.
By approving the 2021 Rule, the NJDEP is extending the regulatory and mandatory deadlines that are or will be reached during the ongoing Health Emergency for a total of four hundred and fifty-five (455) days from their original deadline. Additionally, the 2021 Rule separately extends the “regulatory” remedial action timeframes for parties that needed to complete the remediation by May 6, 2021 for one year, to May 6, 2022. While the 2021 Rule does not expressly say that “mandatory” timeframes to complete the remediation are extended from May 6, 2021 to May 6, 2022, in a corresponding notice, the NJDEP states:
“For remediations that were subject to the statutory timeframes set forth in the SRRA at N.J.S.A. 58:10C-27 and 27.1 to complete the remedial investigation by either May 7, 2014 or May 7, 2016, including where the timeframes are set forth in an Administrative Consent Order, and the timeframe to complete the remedial action (whether regulatory or mandatory) has not yet passed, this Notice extends the timeframe to complete the remedial action from May 6, 2021 to May 6, 2022.”
According to the NJDEP’s notice, both the “regulatory” and “mandatory” deadlines of May 6, 2021 were extended to May 6, 2022 providing effected parties one additional year to complete the remediation.
It is important to note that in order to qualify for the 2021 Rule extensions, the parties responsible for conducting the remediation must have hired a licensed site remediation professional (LSRP) in accordance with the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C-2.3.
Also, the Rule does not extend timeframes applicable to circumstances where immediate environmental concerns exist, or human or sensitive receptors are or may be impacted.