Remedial Action Permits: One Size No Longer Fits All

Remediation of contaminated sites in New Jersey has evolved over the past three decades through the implementation, by the New Jersey Department of Environmental Protection (NJDEP), of comprehensive regulations and guidance specifying how a site is to be investigated. The responsible party’s objective in a site remediation case is the issuance of a “no further action” (NFA) letter by NJDEP, or a “response action outcome” (RAO) by a licensed site remediation professional under the recently enacted Site Remediation Reform Act (SRRA). Both of these outcomes signify that the condition of the property is deemed to be protective of the environment and human health and safety.

Over the past two decades, NJDEP has moved away from “one size fits all” cleanups, and now recognizes that the appropriate remedial response and other activities for a specific site are dependent, to some extent, upon the current and future anticipated use of the site. Accordingly, NJDEP has allowed “persons responsible for conducting the remediation” (see N.J.A.C. 7:26C-1.3 for the broad definition of such person) of contaminated properties in New Jersey to utilize a “multi-tiered” cleanup scheme to address environmental contamination on a property.