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The Site Remediation Reform Act (SRRA) currently requires that for certain sites, a Remedial Investigation (RI) be completed by May 7, 2014. The RI deadline applies to sites where remediation was initiated (or should have been initiated) on or before May 7, 1999.

On January 21, 2014, the RI extension bill, A-4543/S-3075, was signed into law by Governor Christie. The bill can be read by clicking this link. The bill authorizes an extension of two years for completion of an RI on certain contaminated sites prior to NJDEP undertaking direct oversight. In order to qualify for the extension, certain conditions must be met:

(1) A LSRP has been retained for the site;

(2) The site is in compliance with NJDEP mandatory remediation timeframes at the time of the certification;

(3) Technically complete submissions have been made as required, which include (a)  an initial receptor evaluation, (b)  immediate environmental concern source control report, (c) light non-aqueous phase liquid interim remedial measure report, (d)  preliminary assessment report, and (e) site investigation report;

(4) A remediation funding source (RFS) has been established, if required for the applicant;

(5) If a RFS is not required to be established by the applicant pursuant to law, then a remediation trust fund for the estimated cost of the RI has been established;

(6) Any NJDEP oversight costs have been paid and are not in dispute; and,

(7) The annual fees imposed by the NJDEP for the remediation and remediation funding source surcharges have been paid.

The NJDEP may undertake direct oversight of a remediation if at any time during the extension of time these conditions are no longer met. The extension application is currently required to be submitted to NJDEP by March 7, 2014.

If you have any further questions regarding the extension or applicability to your remediation site please contact Joseph Dultz or Daniel Gardner in VERTEX’s Branchburg, New Jersey office.

Blog authored by: Daniel Gardner

The Vertex Companies, Inc.

Direct Dial: 908.333.4313/Cell: 908.285.9067