Persons Responsible for Conducting Remediation (PRCRs):
Do you have a Limited Restricted or Restricted Use No Further Action (NFA) or Response Action Outcome? If so, do you also have a Remedial Action Permit?
The NJDEP is getting ready to issue fines and possibly rescind NFA letters for sites that do not have a Remedial Action Permit but should. According to the NJDEP database, there are 127 Sites which require a permit for groundwater (RAP-GW), and 165 Sites which require a permit for Soil (RAP-S).
On June 19, 2020, the NJDEP sent a 5-page Compliance Notice entitled “Post-No Further Action Compliance Notice”, which discussed requirements related to Post (Limited Restricted and Restricted Use) NFA obligations. Pursuant to the Site Remediation Reform Act (SRRA) and the Brownfield and Contaminated Site Remediation Act (Brownfield Act), the PRCR is responsible for applying for a Remedial Action Permit, along with continued inspection, maintenance, and monitoring of each institutional and engineering control implemented. Here is a link to the original Compliance Notice from 6/19/2020: https://www.nj.gov/dep/srp/enforcement/post_nfa_compliance_notice.pdf?utm_medium=email&utm_source=govdelivery
On September 23, 2020, the NJDEP sent the following automated message regarding Post-No Further Action Compliance Notices for Cases Requiring a Remedial Action Permit (RAP): https://www.nj.gov/dep/srp/srra/listserv_archives/2020/20200923_srra.html
An excerpt from the NJDEP Message:
“The Department encourages parties responsible for maintaining engineering and institutional controls to come into compliance before penalties are issued, as the program expects to increase the level of enforcement of RAP requirements via inspections and issuance of enforcement notices over the coming months.”
JM Sorge, Inc. (JMS) is a New Jersey-based environmental consulting services firm founded in 1986. Our services include environmental management services and oversight, legal support, environmental liability & risk assessment, and regulatory compliance & permitting. JMS encourages you to comply with the above referenced NJDEP requirements before the NJDEP issues penalties, which are expected within the next few months. In addition to the assessment of penalties, the NJDEP could rescind the NFA, as well as other enforcement actions.
JM Sorge can assist with preparation of an application for a Remedial Action Permit to bring the facility back into compliance. If you have questions or would like to discuss why a facility is currently listed on the NJDEP’s website as non-compliant, please contact JMS at 908-218-0066 or via email at firstname.lastname@example.org.