Access agreements are often part of a site investigation and/or site remediation. In New Jersey, when contamination migrates from the property of the Responsible Party (RP) onto a neighboring property, the RP is legally obligated to pursue the impacts to determine if further action is...
"Forever Chemicals" as Regulated Substances By now, you've undoubtedly heard of per- and polyfluoroalkyl substances, commonly referred to as "PFAS" or "forever chemicals." Prior to April 2024, PFAS was considered a "federally unregulated emerging contaminant," making its impact on the due diligence process murky. However, following...
How NJDEP Remediation Certification can reduce time to closing a sale. As we all know, if your property is subject to an ISRA action, you must undertake a series of environmental steps to demonstrate that the site is clean. Often, these steps can take months,...
From ESA's perspective, it is difficult to imagine a profession where client advocacy is more impactful than in environmental consulting. After all, where else can a seemingly straight-forward $5,000 project transform into a six-figure, bank-account-draining nightmare in the blink of an eye? The reality is...
On rare occasions, ESA encounters actionable groundwater impacts caused by an unregulated contaminant for which there is no existing New Jersey Department of Environmental Protection (NJDEP) soil standard. Typically, this would be a contaminant deemed to be non-carcinogenic and/or that does not pose an elevated...
On May 6, 2024, the New Jersey Department of Environmental Protection (NJDEP) reduced the residential soil remediation standard for the ingestion-dermal exposure pathway for lead from 400 mg/kg to 200 mg/kg. Basis for the Change to NJDEP Lead Standard This updated standard reflects revisions that the United...
Recent NJDEP and EPA environmental regulatory changes highlight the importance of engaging a knowledgeable and well-informed environmental consultant to avoid unintended regulatory compliance issues. From revised groundwater contamination standards to newly enacted environmental sustainability rules, developers and stakeholders in New Jersey (and nationwide) face new...
PCB cleanup can be expensive and challenging. However, thanks to recent regulatory changes on the federal level, some cleanups may become a little less so. EPA Regulatory Changes On August 29, 2023, the United States Environmental Protection Agency (EPA) finalized regulatory changes related to the PCB Cleanup...
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...