New Jersey Department of Environmental Protection (NJDEP) has discontinued the Memorandum of Agreement (MOA) process as of May 7, 2009, also known as the Voluntary Cleanup Program (VCP).  There is no need for the VCP because the Site Remediation Reform Act (SRRA) established an obligation on persons to remediate any discharge for which they would be liable pursuant to the Spill Compensation and Control Act. (Section 30 of SRRA)

Parsippany, N.J., June 2, 2009 – Daniele Cervino, has been selected to be a member of the Bergen LEADS Class of 2010.

Bergen LEADS is a 10-month learning and leadership program for adults who are dedicated to Bergen County and represent the rich diversity of the County through their work, civic activities and personal qualities who live or work in Bergen County.  She will participate in a class of 30 men and women from diverse backgrounds who meet monthly to discuss and develop approaches to community problems.  

By Christopher Martell, Project Manager

Published: Mid-Atlantic Real Estate Journal, Dec. 19, 2008

Environmental stewardship, global sustainability, carbon footprints, alternative energy, LEED Certification…these are the current “buzz words” being thrown around by the New Jersey Department of Environmental Protection (NJDEP) to business owners and operators in an effort to influence change in the way businesses and building owners view their impact on the environment.  So much so that the NJDEP has recently launched an Environmental Stewardship Program to encourage compliance with NJDEP regulatory statues in excess of the minimum requirements.  What does this all mean?

By Robert P. Blauvelt, PG., CHMM
Senior Vice President

Published Mid-Atlantic Real Estate Journal, April 10, 2009

      As the country works its way through the current economic downturn, we are finding that a series of very fortunate events (to steal a phrase from a well-known book series) are taking place.  Brownfields redevelopment is becoming more and more mainstream thanks to a growing market maturity, streamlined regulatory approval processes, and cheaper, more easily implemented cleanup technologies.  This perfect storm (another book reference) of events represents a new way of evaluating and assessing the usefulness of a site; ranging from that old, long inactive corner gas station to the slowly rusting 20-acre chemical plant.

Liz Davis, Director, Site Assessment – Remedial Investigatory Services
Pubished by Brownfield Insurance March 2009

Property sale transactions almost always require an investigation to determine if potential environmental issues exist at a property.  However, many owners, manage properties that were purchased before due diligence practices went into effect and may not be aware of the potential environmental issues that can impact a pending sale or the value of them.

By Anthony Kaufman, Senior Associate
Published by Brownfield Insurance March 2009

Environmental contamination and liability concerns affect nearly all commercial and industrial property and business transactions.  High quality and defensible cost estimates are essential for negotiating, deals, settling litigation, tax appeals, modeling investment returns, securing financing and insurance, and complying with regulatory disclosure requirements.  Environmental exposure and liabilities are difficult to determine, and frequently owners, sellers, and investors must develop such estimates based on incomplete data and limited knowledge of site and contaminant conditions.  Even in the absence of complete and detailed data regarding each environmental issue that may be associated with a site or portfolio, there are tools available that offer effective and defensible means of estimating environmental cost and exposures.  

On Tuesday, March 17th, the Assembly and House passed a bill for a new professional program in New Jersey designed to speed up the clean-up of contaminated sites around the State by establishing a Licensed Site Remediation Professional (LSRP).  The goal of the program is to reduce the State’s backlog of open cleanup cases and boost site redevelopment.  The bill gives private-practice professionals who have met certain standards established by an advisory board the authority to certify that clean-up projects have met all State requirements.  A percentage of the closure opinions or findings will be audited by DEP and not all sites qualify for closure by an LSRP. 

– Paul V. Schatz, CPG, has been promoted to Assistant Vice President and will be responsible for developing and managing target markets in the tri-state area.

Parsippany, N.J.

By Robert P. Blauvelt, P.G., C.H.M.M.
Senior Vice President
Published in Real Estate New Jersey
January/February 2009

 There has been much hopeful buzz in the NJ-based trade press regarding DEP’s tentative movement towards a Licensed Site Professional (LSP) program.  If enacted, the LSP presumably will have limited, carefully bracketed authority to issue a No Further Action letter/opinion or similar closure “approval” for a site where a release has occurred and has been properly investigated and remediated.  Some percentage of the closure opinions or findings will be audited by DEP and not all sites would qualify for closure by an LSP.  Similar programs are in place in Connecticut, Massachusetts, and Ohio (as well as other states) and have been successful in significantly reducing case backlogs and in spurring Brownfield redevelopment.