The New Jersey Department of Environmental Protection (NJDEP) has adopted, and in the process of becoming a formal rule, an amendment to the Technical Requirements for Site Remediation (NJAC 7:26E-1.4) in order to establish better public notification of remedial action at contaminated sites.  The proposal requires notification be sent to residents, business owners and local officials affected by remediation activities.  The purpose of the notification is to allow the public to have input into the remedy selection process.  However, industry groups and consulting firms are concerned the notification requirements will be costly and slow down the remediation process.

Specifically, the amendment requires the person responsible for conducting remediation to provide written notification at the time of the remedial action phase describing the activities that are to take place at the contaminated site to the clerk of the municipality where the site is located.  In addition, if requested by the Municipal Clerk, copies of the remedial action workplan and any updates or status reports must be submitted to the Clerk at the same time as the documents are submitted to NJDEP.  The amendment specifies the responsible party may notify the public through the Municipal Clerk but must also send written notification to any property owners and tenants who reside within 200 feet of the contaminated site or post a sign that is visible to the public.

The proposed notification requirements include submission of a sensitive population and resource checklist which must be done at the time of the initial field activities begin and every two years thereafter until the remediation is completed and documented with the NJDEP’s No Further Action letter.  The notification must summarize site conditions and provide information about actions being taken to remediate the site.  Compliance with public notification is required, regardless of whether the remediation is being conducted with NJDEP oversight or voluntarily clean-up.
Compliance with the notification requirements will be part of the remediation reports submitted to NJDEP.  Failure to comply with the notification requirements will trigger penalties pursuant to the Oversight Rules.  An exemption applies to clean-up involving residential underground storage tanks of heating oil for on-site consumption in a one-to-four family residential building or remediation projects involving an emergency response action.