The Disappearing Deed Notice

15 Jan The Disappearing Deed Notice

As a direct result of recent updates to NJDEP’s soil remediation standards, it may be possible to modify or completely eliminate a Deed Notice attached to your property. When a Deed Notice is removed, biennial updates and associated costs are eliminated and your property is no longer encumbered by Deed Notice restrictions.

So, how do you know if NJDEP’s new soil remediation standards apply to your Deed Notice? Read on…

Background

On September 18, 2017, the New Jersey Department of Environmental Protection (NJDEP) published a Notice of Administrative Change that updated the soil remediation standards (SRS) for 19 contaminants. Subsequently, NJDEP published a change on October 6, 2017 to include corrected standards for 1,1,1-trichloroethane and hexachloroethane.

In essence, NJDEP soil remediation standards are affected as follows:

• The SRS for eleven (11) contaminants have increased;
• The SRS for six (6) contaminants have decreased;
• The SRS for one (1) contaminant remains unchanged, and;
• One (1) contaminant will no longer be regulated.

An increase in the soil remediation standard indicates that higher levels of the contaminant are now permitted. Accordingly, a decrease in the soil remediation standard makes the regulation of that contaminant more stringent.

The full text of the Administrative Change can be found here. And the Administrative Correction can be found here.

Why do these changes matter?

If you are a property owner in the state of New Jersey where an NJDEP remedial action permit for soil and/or a Deed Notice is currently in place, or if you’re responsible for the long-term maintenance of a remedial cap on a property, you may be able to eliminate NJDEP biennial certifications and associated fees. Additionally, the new standards may allow you to eliminate your NJDEP remedial action permit, modify or eliminate your Deed Notice, and terminate posting of financial assurance. These actions could result in significant cost savings and increase the value of your property by removing encumbrances on your deed.

To find out if these standards affect your property, a quick review of your current Deed Notice is required. ESA can review your site data and compare identified soil contaminants to NJDEP’s revised Soil Remediation Standards documents to determine if a deed notice modification or termination is possible. There is no fee for this service, nor is there any risk when performing a review.

Call 732.469.8888 or email info@AskESA.com today to schedule and appointment to see if your property qualifies for termination or modification of your deed notice.