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SRP Enforcement

 

SRP Enforcement

Remediation can be prompted by a number of circumstances. For example, the Department may compel a party to act by issuing an enforcement action, an ISRA trigger may occur, a childcare facility renewing its license may discover contamination, or a financial institution may require that a party obtain a no further action letter in order to provide funding for a transaction.

Regardless of what compels a party to conduct remediation, all parties who are responsible for conducting remediation must comply with N.J.A.C. 7:26E, the Technical Requirements for Site Remediation (“Tech Rule”) and the Procedures for Department Oversight of the Remediation of Contaminated Sites ("Oversight Rule"). In order to obtain a No Further Action Letter, remediation must comply with the Remediation Standards, N.J.A.C.7:26D. Additionally, other rules may apply depending upon whether the site is subject to the Underground Storage of Hazardous Substances Act or the Industrial Site Recovery Act, respectively N.J.A.C. 7:14B (“UST Rules”) and N.J.A.C. 7:26B (“ISRA Rules”).   These rules can be found at http://www.nj.gov/dep/srp/regs/.

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Noteworthy Enforcement Initiatives

  • Compliance Assistance Alert Letters to More Than 3,900 Responsible Parties

    Compliance Assistance Alert letters were sent to remind parties responsible for remediating contaminated sites of their obligation to submit specific required reports to DEP by March 1, 2012.

    March 1, 2012 is the first "mandatory" remediation time frame established by DEP under legislation known as the Site Remediation Reform Act (SRRA). SRRA requires a remediating party to conduct key phases of remediation in a timely manner to protect public heath and the environment. This deadline applies to cases that began remediation before March 1, 2010 and may include one or more of the following submissions depending on the specific site:

    • Initial Receptor Evaluation Form
      This submission documents actions taken to evaluate the potential for human and ecological exposure to contamination from a site. Learn More
    • Light Non-Aqueous Phase Liquid (LNAPL) Remediation Reporting Form and Report
      This submission describes actions taken to define the extent and initiate removal of substances like gasoline and fuel oil that are floating on the ground water. Learn More
    • Immediate Environmental Concern (IEC) Response Action Form and Report
      This submission describes actions taken to initiate the removal of the source of contamination that caused an IEC condition (such as contamination found in a drinking water well or contamination that impacts indoor air quality). Learn More
    • Preliminary Assessment/Site (PA/SI) Investigation Form and Report -
      For certain underground storage tank and industrial properties, this submission describes whether the UST area or the site, is or is not contaminated. Learn More
  • Enforcement Initiative: Biennial Certification Requirements  [pdf]

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