Significant revisions to the remediation standards (N.J.A.C. 7-26D) were adopted by the New Jersey Department of Environmental Protection (NJDEP) on May 17, 2021. The rule includes:

  • A six-month phase-in period ending on November 17, 2021, except when the numeric standard has decreased by more than an order of magnitude.
  • Impact to Groundwater, Soil Leachate, and

The State of New Jersey continues its support of revitalizing brownfields with the enactment of the New Jersey Economic Recovery Act of 2020, P.L. 2020, c. 156, which was signed into law by Governor Murphy on January 7, 2021 (the “Act”). The Act includes new programs, including a tax credit program entitled the Brownfields Redevelopment Incentive Program Act . On January 12, 2021, the New Jersey Economic Development Authority (“NJEDA”) Board of Directors approved the implementation of the NJEDA Brownfield Loan Program, which is part of the broader NJEDA Community Revitalization initiative. Both programs will cover many types of remediation costs but will entail a demonstration of a project financing gap, as well as compliance with Prevailing Wage and Affirmative Action requirements. Although the Brownfield Redevelopment Incentive Tax Credit program is still being developed, NJEDA is currently accepting loan applications from January 14 through April 13, 2021.
Continue Reading New Brownfields Redevelopment Incentive Programs in New Jersey

Note, February 27, 2020: The NJDEP has made available licensing registration forms referenced in our original blog post that must be submitted by any entity engaged in “soil and fill recycling services” by April 20, 2020.  NJDEP also issued  a guidance document and FAQs.  These documents can be found here.  

On January 21, 2020,

In a rule proposal published in the Federal Register on January 10, 2020, the Trump administration is proposing the first significant regulatory changes to the 50-year old National Environmental Policy Act (“NEPA”) since the implementing regulations were promulgated by the Council on Environmental Quality (“CEQ”)  in 1978.  Several provisions appear to be in direct contravention

On April 1, 2019, the New Jersey Department of Environmental Protection (“NJDEP”) proposed drinking water standards (known as maximum contaminant levels, or MCLs) for two PFAS – 14 parts per trillion (“ppt”) for PFOA and 13 ppt for PFOS. If the rule is promulgated, it will set the limit for the amount of each substance

On March 25, 2019, the New Jersey Department of Environmental Protection (“DEP”) issued a Statewide PFAS Directive to a number of companies associated with the manufacture of poly- and perfluoroalkyl chemicals (“PFAS” which includes PFNA, PFOA and PFOS and other substances) and their replacement compounds.  Pursuant to the Directive, these companies are to reimburse DEP’s

New Jersey continues to lead the country in the effort to regulate so-called “Forever Chemicals,” the family of chemicals known as perfluoroalkyl and polyfluoroalkyl substances (“PFAS”) found to be prevalent in drinking water supplies around the country due to their high solubility, mobility and persistence in water.  PFAS are found in many household products, and

NJDEP has proposed major amendments to the Stormwater Management rules at N.J.A.C. 7:8. (50 N.J.R. 2375(a)).  One of those proposed amendments, if adopted, will prevent or severely limit a developer’s ability to incorporate non-structural stormwater management strategies such as stormwater detention basins in a development. Instead, the developer will be required to utilize “green infrastructure”

Effective August 6, 2018, the New Jersey Department of Environmental Protection (“NJDEP” or the “Department”) adopted amendments to several key rules governing site remediation—including Discharges of Petroleum and Other Hazardous Substances (N.J.A.C. 7:1E); Heating Oil Tank System Remediation Rules; Administrative Requirements for the Remediation of Contaminated Sites (“ARRCS,” N.J.A.C. 7:26C); and the Technical Requirements for

On January 16, 2018, Governor Christie signed into law P.L.2017, c.325, which revised previous law concerning the use of recycled asphalt pavement (the “Act”).  The Act broadens the permissible methods that asphalt pavement can be reused.  Specifically, recycled asphalt pavement can be used as follows:

  1. Unbound in bedrock quarry reclamation;
  2. Unbound underneath a guardrail of