On August 23, 2019 New Jersey Governor Phil Murphy signed into law an act to update and strengthen the Site Remediation Reform Act (SRRA). The new changes provide additional guidance for the Act that has been in existence since 2009 and that takes effect immediately. Highlights of the Act include:
Oversight – LSRPs must oversee all remediation aspects of the site
IECs – responsible parties could potentially have to include vapor intrusion
Reporting - the reporting obligation could now be construed to extend to unoccupied structures. If an LSRP is contracted to work on a specific portion of the site that has a discharge, they must disclose that information to the NJDEP and may be applied to unoccupied structures.
Funding - a surety bond is an approved remediation funding source
Hardship – Responsible parties can apply for financial hardship if they can prove that their financial obligations will be adversely detrimental to them. Responsible parties can negotiate an Administrative Consent Order to lessen their financial obligations.
Outreach - Municipalities and county or local health agencies must be notified in writing prior to starting a remedial investigation. The NJDEP reserves the right to require public outreach to occur biennially and can include either written notice/fact sheet and/or a sign posted at the site.
For more information or if you need assistance navigating these complex changes, contact: