The New Jersey Department of Environmental Protection (NJDEP) recently amended the site remediation Oversight Rule to accelerate the NJDEP review process for sites undergoing remediation.  As part of the newly enacted accelerated review, NJDEP is now requiring strict compliance with all technical and scheduling aspects of the site remediation rules and regulations.  Failure to comply with the strict compliance requirements could result in significant penalties.

While intended to accelerate and streamline the site remediation process, the amended Oversight Rule (commonly referred to as the “Grace Period Rules”) can trigger penalties that were previously rarely assessed by NJDEP.  In a departure from more lenient past procedures, NJDEP issues a Notice of Deficiency (NOD) to an applicant that submits reports that are not in full compliance with the remediation rules and regulations or fails to conduct required work.  Failure to correct the noted deficiency will result in the issuance of a Notice of Violation (NOV).  If the deficiency is determined to be “minor”, then the applicant is directed to correct the deficiency within a specified number of days, known as a “Grace Period”, to avoid a penalty.  A major deficiency, legally termed a “non-minor” deficiency, results in an immediate imposition of a penalty by the NJDEP.  Initial penalties start at $3,000 to $20,000, and can be much larger if a deficiency remains unaddressed.  NJDEP’s amended Oversight Rule and penalties apply retroactively to inactive cases under review by the NJDEP.  NJDEP will also terminate memorandums of agreement (MOAs), if timely submittals are not received.  All parties that are subject to NJDEP regulation should ensure compliance with the amended site remediation Oversight Rule to avoid costly NJDEP penalties and potential site closure delays.