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ARTICLE · 14 NOVEMBER 2024

Does An Oil Stain Require A Call To The Hotline?

Riker, Danzig, Scherer, Hyland & Perretti
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The New Jersey Department of Environmental Protection ("NJDEP") has proposed amendments to its site remediation rules to implement the 2019 amendments to the Site Remediation Reform Act...

United StatesEnvironment
Jaan M. Haus
Jaan M. Haus
Alexa Richman-La Londe
Alexa Richman-La Londe
Steven T. Senior
Steven T. Senior
Jeffrey B. Wagenbach
Jeffrey B. Wagenbach
Marilynn Greenberg
Marilynn Greenberg
Dennis Krumholz
Dennis Krumholz
Samuel P. Moulthrop
Samuel P. Moulthrop
Michael S. Kettler
Michael S. Kettler
Jordan Asch
Jordan Asch
+1 more

NJDEP Proposes Expansive New Discharge Reporting Rule

The New Jersey Department of Environmental Protection ("NJDEP") has proposed amendments to its site remediation rules to implement the 2019 amendments to the Site Remediation Reform Act, commonly known as SRRA 2.0. In a significant departure from existing discharge reporting obligations, the proposed section would require that any person with knowledge that a discharge occurred notify NJDEP of the discharge immediately. This proposed expansion of the reporting obligation will complicate environmental due diligence for transactions in New Jersey.

Purchasers' due diligence generally includes an environmental evaluation of the previous uses of the property, as the purchaser could become strictly liable for remediation costs after closing. In addition, a property owner has an "innocent purchaser defense" to liability under the Spill Compensation and Control Act (the "Spill Act") if it performed "all appropriate

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