According to the New Jersey Department of Environmental Protection (NJDEP) Division of Water Supply and Geoscience (DWSG), over 20,000 new permits are issued to drill wells in the state of New Jersey each year. If you own or are considering purchasing a property in New...
When a property is out of environmental compliance and significantly behind mandatory remedial timeframes, the New Jersey Department of Environmental Protection (NJDEP) will take action to effect compliance. In such cases, NJDEP may elect to initiate Direct Oversight, Adjusted Direct Oversight, or Enforcement. Enforcement is...
Collecting samples for laboratory analysis is part of most remedial investigations. A classic example is testing soil and groundwater to determine the contents of an underground storage tank (UST); the laboratory looks for hydrocarbons and volatile and semi-volatile compounds, including Tentatively Identified Compounds (TICs). So,...
Exploring the De Minimis Quantity Exemption In our previous article entitled Triggered: The Industrial Site Recovery Act, ESA outlines the fundamentals of ISRA and how it is enforced in the state of New Jersey. In short, anyone who owns a property where an industrial...
In New Jersey, Remedial Action Permits (RAPs) are commonly used as part of a long-term strategy when soil and/or groundwater contaminants are expected to remain on a property after environmental remediation is complete. A RAP is a regulatory mechanism through which an operations and maintenance...
Our topic of discussion this month centers on how the current economy and recent New Jersey regulatory changes may be affecting the timelines and costs of environmental compliance in New Jersey. The New Jersey Department of Environmental Protection (NJDEP) is one of the country’s most dynamic...
When buying real property, it is important to conduct a Phase I or Preliminary before the purchase in order to avoid potential costly environmental liability. In New Jersey, simply purchasing a property can enter you into the environmental liability chain, even if you were in...
There are several key components to the environmental remediation process that are critical to the success of every project. Many of these components are performed after a sales transaction and require ongoing monitoring, reporting, and communication with numerous entities, including the owner. ESA is often...
Chris Venezia, ESA's Director of LSRP Services, explains the Innocent Purchaser Defense as it pertains to the environmental aspects of purchasing real property in New Jersey. https://www.youtube.com/watch?v=x3755H-rguE Typically, real property investments with the potential to yield the greatest return come with the greatest risk. And there are...
ESA commonly answers questions about Phase II scopes of work on a varying scale of complexity. Overall, the questions are aimed at the purpose of a Phase II, what to do if something is discovered, and how to manage the remediation approach in the transaction....