On September 24, 2021, Governor Murphy signed a new law, effective immediately, that will allocate $10 million for lakes in New Jersey impacted by harmful algal blooms (P.L.2021, c.225). The law calls for the New Jersey Department of Environmental Protection (“NJDEP”) to make a supplemental appropriation of $10 million for grants for lake management for
NJDEP
Just When You Thought Your Cleanup Was Done—NJDEP Issues New Guidance on Contaminants of Emerging Concern
On August 5, 2021, the New Jersey Department of Environmental Protection (“NJDEP”) issued updated guidance on how remediating parties and Licensed Site Remediation Professionals need to address Contaminants of Emerging Concern (“CECs”). The guidance documents address timeframes for addressing CECs, include frequently asked questions regarding CECs, and provide a list from the EPA of industry…
NJDEP Shifts Approach to Remediation in Revised Remediation Standards
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
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New Jersey’s Ban on Single-Use Plastics
The State of New Jersey issued a press release last month¹ that urges state-operated businesses to begin preparations now for a single-use plastics ban, which becomes effective on May 4, 2022. The ban will include single-use carryout bags and polystyrene foam food-service products in stores and food-service businesses. Starting Nov. 4, 2021, food service businesses…
NJDEP Proposes Fumigation Rule with Potential Implications for Commercial Property Owners
We call to your attention NJDEP’s recently proposed amendments to its air regulations which raise questions as to whether fumigation and/or pesticide application operations, such as in office buildings, are to be subject to the detailed requirements of air permitting. Commercial building owners should review these proposed rules with their pesticide and fumigation contractors. If…
As the Pandemic Approaches An End, Beware Of Your Environmental Deadlines
With the distribution of vaccines to fight the COVID-19 pandemic underway, New Jersey is starting to see the light at the end of the tunnel. At some point, the public health emergency will end, and the process of government will go back to normal. Businesses and the regulated community, in general, need to start planning…
NJDEP Proposes Amendments to Existing Remediation Standards
On April 6, 2020, the New Jersey Department of Environmental Protection (“NJDEP”) proposed substantial changes to the Remediation Standards at N.J.A.C. 7:26D, promulgated under the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1 et seq. (“Brownfield Act”). The proposal seeks to amend the existing Remediation Standards in a number of ways, many of which have …
NJ Governor’s Executive Order 136 Tolls Timeframes for DEP Review & Extends Filing Deadlines
On May 2, 2020 Governor Murphy signed Executive Order No. 136 tolling several timeframes administered by DEP, as well as extending certain filing deadlines.
Beginning on March 9, 2020, all timeframes governing public notice, review, or final action on applications for, or renewals of permits, registrations, plans, petitions, licenses, rates, and other approvals under the…
Appellate Division Affirms DEP Renewal of Tier A MS4 General Permit
On March 18, 2020, the Appellate Division affirmed the Department of Environmental Protection’s November 9, 2017 decision to renew the Tier A municipal separate storm sewer system (MS4) general permit. (Delaware Riverkeeper Network v. NJDEP, Dkt. A-1821-17T3.) Stormwater discharges must be permitted by DEP. General permits streamline the permitting process by avoiding the…
Environmental Concerns Related to COVID-19
While we are all dealing with the challenges presented by coronavirus, it is important that environmental compliance not be forgotten. Both the United States Environmental Protection Agency (USEPA) and the New Jersey Department of Environmental Protection (NJDEP) have issued guidance.
USEPA has expedited approval of certain sanitizing products and has updated its list of approved…