NJ DEP Adopts Temporary Rule Modification to Extend Certain Time Limits for Environmental Remediation Work

On Friday, April 24, 2020, there was an emergency adoption by NJDEP Commissioner Catherine R. McCabe concerning a waiver of certain provisions of Administrative and Technical Site Remediation Rules. As more specifically detailed in her Rule Modification, it extends specific site remediation timeframes and relaxes certain person responsible for site remediation (PRCR) deadlines concerning: Mandatory Remediation Timeframes, Expedited Site Remediation Timeframes, Regulatory Timeframes and Regulatory Remedial Action Timeframes

It is effective as of the date of EO103 entered by Governor Murphy on March 9, 2020, and limited in effectiveness to the period established under EO 103. The temporary modification further establishes that it is imposing the modification “to provide the flexibility required to respond, on a site and situation-specific basis, for the duration of EO 103.”

Some of the biggest questions and concerns arising out of the onslaught of these COVID related emergency Orders from various government offices and officials, is how and whether they apply to specific situations. The DEP Commissioner has used her powers, and as authorized under EO103 from the Governor, to further clarify, alter and help to apply the terms of EO103 for our use in the field. A copy of the Commissioner’s Modification can be found at

Stuart D. Liebman is a Partner of Wells, Jaworski & Liebman and practices actively in the Land Use and Real Estate areas.

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