When signed into law on May 7, 2009, the Site Remediation Reform Act (SRRA) established circumstances under which a contaminated site becomes subject to the Department’s direct oversight. One of these circumstances included missing the May 7, 2016 statutory extension deadline to complete the remedial investigation at certain contaminated sites.
Since any such sites that did not meet this statutory extension deadline are now subject to direct oversight by the NJDEP, the Department has suggested that the person responsible for conducting the remediation contact the Bureau of Enforcement and Investigations to discuss resolving any penalty exposure since the failure to comply with direct oversight carries a penalty exposure of $25,000 per day.
Furthermore, although SRRA requires the person responsible for conducting the remediation to comply with all statutory requirements the Department has identified the follow initial steps that must be addressed:
o submittal of a public participation plan with a schedule within 30 days of missing the statutory extension deadline;
o submittal of a cost review to the Department within 60 days of missing the statutory extension deadline; and
o establishing a remediation trust fund within 90 days of missing the statutory extension deadline.
Todd Huffman, LSRP