Compliance Advisory Enforcement Alert
The New Jersey Department of Environmental Protection (“NJDEP” or “the Department”) is initiating a site remediation program to enforce monitoring reporting requirements.
Who is affected by this initiative?
According to the NJDEP official alert (issued in September 2007) parties that will be subject to planned enforcement actions are “those who are responsible for monitoring the effectiveness of a remedial action that includes an engineering and/or institutional control, and submitting a biennial certification and report to the Department, but who have failed to do so.”
Why is NJDEP targeting this violation?
According to the Department, its receipt of biennial certifications and monitoring reports is the only means by which the Department is able to ensure that long-term monitoring and maintenance takes place, and that the implemented remedy remains protective at the site over time. Due to the volume of such sites, with respect to available Departmental resources, the Department relies on self-monitoring and reporting by responsible parties. It is critical that monitoring the protectiveness of the remedy occurs, particularly in the event that the property use changes to one that is inconsistent with the restrictions specified in the remedy, increasing the potential for exposure.