Those are really the two most important questions aren’t they? Because this topic can cover a lot of ground, we’ll try to focus on a few key items for the next few weeks as they pertain to the “environmental industry” in New Jersey. For this week (or “Volume 1”), we’ll look at those properties subject to the New Jersey Industrial Site Recovery Act (ISRA), “which requires the remediation of certain business operations prior to the sale or transfer or upon its cessation of on-site businesses.” Unfortunately for many industrial / manufacturing businesses in New Jersey, the owners and/or operators are generally unaware of this requirement, and once they are made aware, just want to know how much it will cost and how long it will take. Fair questions! Unfortunately, the answers are not that simple. As a result, and as a starting point, the best approach is to:
Start the process as early as possible, and well in advance of the earliest ISRA trigger(s).
Talk to an environmental attorney or a Licensed Site Remediation Professional (LSRP).
Identify and determine if your North American Industry Classification System (NAICS) number is regulated under the ISRA rule.
Once this “pre-cursory” review is conducted, the process, and the cost and duration can be properly assessed. Generally, this type of review can be completed in a few weeks (if not shorter). Conversely, if required, a Preliminary Assessment (PA) may take several weeks to complete (contingent on the complexity of a site), while the process could take months or even years to complete if subsurface contamination (e.g. soil or groundwater) is identified. Costs would also increase substantially. Or….can the operation qualify for a Deminimis Quantity Exemption (DQE) and thus, shorten the timeframe and reduce costs? Possibly. Regardless of where you may fall, it’s better to find this out early…and not get surprised later on.
For further information regarding the ISRA process, or how we can help you navigate through the NJDEP regulatory process, please don't hesitate to contact us. tfrancis@cardinallsrp.com
Thomas Francis, LSRP, LEED AP+