New Remedial Action Permits and How They Impact Commercial Transactions in NJ

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New Jersey’s Site Remediation Reform Act (SRRA) P.L. 2009, Chapter 60 (May 7, 2009) established a remedial action permit program for institutional and engineering controls associated with site remediation projects where the most stringent cleanup standards could not be met.  This program started in January 2010 and is in the transitional stage.  The full program will be in place by May 2012.  This evolving New Jersey Department of Environmental Protection (NJDEP) program seeks to create more Responsible Party accountability for the long term stewardship of these controls through the threat of permit compliance and enforcement.  In addition, new requirements for financial assurance of engineering controls will need to be budgeted into long-term site management plans.

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