If your company is working on a remediation project that started prior to September 2, 2008, at a contaminated site in New Jersey, you have only a few weeks left to provide the public with notice of your site remediation activities. The deadline for compliance is September 2, 2009.

The recent amendments to the Technical Requirements for Site Remediation (Tech Rule Amendments for Public Notice) require those responsible for performing remediation of contaminated sites in New Jersey to:

  • Identify sensitive populations and resources that are located within 200 feet of their sites by completing an NJDEP Sensitive Population and Resource Checklist; and
  • Provide public notification of their site remediation by:

(1) Posting either a two-by-three foot sign at their site; or

(2) Distributing notification letters to property owners and tenants within 200 feet of the site boundaries. (See generally, N.J.A.C. 7:26E-1.4).

Copies of notices and pictures of signs must be sent to your NJDEP case manager, NJDEP’s Office of Community Relations, the municipality and local health officials. For situations involving off-site contamination, NJDEP also requires the preparation of a “fact sheet” with detailed information about the site remediation. The fact sheet must be distributed to all property owners and tenants within 200 feet of the site boundaries. In addition, the fact sheet must be published as a display advertisement in a local newspaper.

Note that the Tech Rule Amendments for Public Notice apply without delay to all new site remediation activities initiated in New Jersey after September 2, 2008. In these new cases, the requirements for a sign or letters must be undertaken “no later than two weeks prior to initiating field activities associated with a remedial investigation of a multi-phase remediation or initiating a single phase remediation.” (See N.J.A.C. 7:26E-1.4(h)2.i. and 1.4(i)1.i.).

Drinker Biddle has prepared a more detailed alert on the provisions of NJDEP’s public notification and outreach requirements. To view the alert, click here.

Bottom line: Time is running out for compliance with the September 2, 2009 deadline.