NJDEP to Address Backlog of Cases

According to information published in 2008, the Site Remediation Program of the New Jersey Department of Environmental Protection has 18,000 active cases which are covered by approximately 250 case managers. Due to this caseload, NJDEP report review times can range up to two years.

NJDEP acknowledges that this is frustrating and is an impediment to timely site remediation and business transactions. An estimated 4,000 of which are homeowner underground storage tanks. These tanks, referred to as unregulated heating oil tanks or “UHOTs” will be managed in a new program which relies on assessment performed by licensed individuals working for licensed companies. For residential UHOTs or non-residential heating oil tanks with an aggregate capacity of less than 2,000-gallons, this program will provide significant advantages, most particularly a reduction in review times. The notification of the rule proposal can be found here.

The NJDEP has already begun to review cases in the UHOT program. REPSG has been pre-certified to perform assessments and provide reporting in the UHOT program.

In a seminar on June 16, 2008 the NJDEP reported an average review time to issue a No Further Action was two weeks, a vast improvement. For more information on unregulated tank removals or financial assistance please visit these linked sites or contact us.

COAH Adopts Revised Third Round Rules

On December 17, 2007, the New Jersey Council on Affordable Housing (COAH) voted to propose its revised third round regulations resulting from the Appellate Division Decision on January 25, 2007. A summary of these changes is presented here.

On May 6, 2008, COAH proposed amendments to the recently adopted revised third round rules (N.J.A.C. 5:96 and N.J.A.C. 5:97) and the procedural rules for municipalities certified before January 25, 2007 (N.J.A.C. 5:95). The proposed rules were published in the NJ Register on June 16, 2008 and are available for download here.

The Council encourages comments to be submitted in electronic form to COAHmail@dca.state.nj.us to enable an expeditious review and response. Such comments should include the words “Rule Comments” in the subject box.