New Jersey site remediation laws require responsible parties to investigate and remediate discharges of hazardous substances not only on their property but also adjacent properties, onto which the contamination has migrated. As stated in Chapter 16 of the Brownfield and Contaminated Site Remediation Act
“Any person who undertakes the remediation of suspected or actual contamination and who requires access to conduct such remediation on real or personal property that is not owned by that person, may enter upon the property to conduct the necessary remediation if there is an agreement, in writing, between the person conducting the remediation and the owner of the property authorizing the entry onto the property. If, after good faith efforts, the person undertaking the remediation and the property owner fail to reach an agreement concerning access to the property, the person undertaking the remediation shall seek an order from the Superior Court directing the property owner to grant reasonable access to the property and the court may proceed in the action in a summary manner.”
In addition, Chapter 8 of theAdministrative Requirements for the Remediation of Contaminated Sites, (N.J.A.C. 7:26C-8) establishes the minimum requirements for the person responsible for conducting the remediation of real property not owned by that person, to obtain access to that property:
“This sub-chapter identifies the minimum requirements for the person responsible for conducting the remediation of real property not owned by that person, to obtain access to that property.”
NJDEP has launched a new webpage which assists the Responsible Party and their Licensed Site Remediation Professional (LSRP) in obtaining off-site access prior to seeking an order from the Superior Court.
The webpage (www.nj.gov/dep/srp/offsite/) compiles everything into one convenient location and includes:
- Template letters for requesting access for potable well and vapor instrusion sampling
- Template letters for reporting results of the sampling; and
- Additional recommendations for obtaining off-site access.
In addition, NJDEP is working on developing a letter template to allow Responsible Party and their LSRP to obtain access to off-site properties to collect soil and/or groundwater samples for delineation contamination and conducting remediation. These letters will be posted on the NJDEP’s website once completed.
Project Manager, JM Sorge, Inc.