As you all are aware, NJDEP revised the Technical Requirements for Site Remediation (TRSR) a few years ago to include “Notification and Public Outreach” procedures (NJAC 7:26E-1.4). The rule requires the person responsible for conducting the remediation of a contaminated site to perform various public notifications and outreach activities, the majority of which had to be completed prior to September 2, 2009. In the summer of 2009, the regulatory community frantically responded to achieve this deadline and, once achieved, we breathed a sigh of relief that another NJDEP deadline had appeared and was satisfied. Until now…
What many people have forgotten, due to other recent changes in NJDEP regulations, is that the public notifications requirements are continual. For companies that did the public notification by sending letters instead of using signs, or for sites that had to circulate letters due to off-site impacts, notification letters reflecting the current condition and progress of the remediation must be sent every two years until all the required remediation is completed and the final remediation document is filed or issued. This means that updated public notification letters, and associated fact sheet, must be distributed prior to September 2, 2011. This letter must be sent to the same entities as in 2009 (all current owners/tenants within 200 feet of the site, NJDEP, municipal clerk, and designated local health official.
In addition, for properties where ground water contamination has migrated off-site and in which the horizontal and vertical delineation of soil or ground water is now completed, revised public notification letters, fact sheet, and a display advertisement in a local newspaper need to be submitted 30 days after the delineation is complete.
Mr. Moffit is with EWMA’s Headquarters’ Office in Parsippany, NJ. He specializes in environmental assessments and remediation. For additional information about your public notice obligation or to discuss other concerns please contact Mr. Moffit at 800-969-3159, ext. 144, Al.Moffit@ewma.com, or visit our website at www.ewma.com.
Reference: Tech Rules NJAC 7:26E NJAC 7:26E-1.4(j)(2) Notification and Public Outreach