NJDEP Proposes Amendments to Site Remediation Regulations and Rules That, if Adopted, Will Have Significant Implications for Environmental Due Diligence & Reporting Obligations

November 26, 2024 | saul.com

Credit: Image by Gerd Altmann from Pixabay

In October 2024, the New Jersey Department of Environmental Protection (NJDEP) published a proposed rule (the “Proposed Rule”) that would amend its site remediation rules to codify and implement provisions of the legislation known as SRRA 2.0, which became effective on August 23, 2019. Most notably, the Proposed Rule would amend the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS), N.J.A.C. 7:26C, to require prospective purchasers of real property conducting pre-closing environmental due diligence to, upon the discovery of a previously unidentified discharge of hazardous substances, immediately notify the NJDEP and the record owner.

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NJ SEED:Thanks to Frank Brill’s EnviroPolitics Blog. The author of the alert, Melissa Clarke of the Saul Ewing law firm, asserts, “The Proposed Rule, if adopted as is, could discourage real estate deals in New Jersey.” The comment deadline for the Proposed Rule is January 31, 2025.