If you own real property in New Jersey with groundwater contamination, you may have a responsibility to report to the New Jersey Department of Environmental Property (NJDEP) and retain a Licensed Site Remediation Professional (LSRP) to investigate the groundwater contamination and propose a remediation plan. This will take time and could have a significant impact on any transaction to sell such real property. Recent changes under NJDEP regulations gives an LSRP the ability to self-certify or provide supplemental certification, which will significantly reduce the review and approval times. Monitored Natural Attenuation (MNA) is an effective tool and the least expensive alternative (if applicable) for remediation of groundwater contamination. Engaging an experienced and reputable LSRP is essential.
If you plan to remediate and/or sell your real property located in New Jersey that has groundwater contamination, we can offer guidance and help you navigate through the NJDEP regulations, as well as explain the law regarding transactions to sell contaminated real property.
Below is an article co-authored by Kristin Heimburger, Dave DiPascale and Andy Basehoar, LSRPs at TTI Environmental, Inc., located in Moorestown NJ, which summarizes, in simple terms, the past and current administrative procedures required by the NJDEP to address groundwater contamination.
NJ Sites With Groundwater Contamination Benefit From NJDEP’s Supplemental Certification for Groundwater Remedial Action Permits for Monitored Natural Attenuation
By Kristin Heimburger, Dave DiPascale, and Andy Basehoar, LSRPs
- In New Jersey, you may close a contaminated groundwater case with a remedy of “let the environment clean it up” provided it meets certain criteria. In technical terms, this is called Monitored Natural Attenuation (MNA).
- For many years this was achieved with a Classification Exception Area (CEA) approved by NJDEP with continued monitoring and maintenance to ensure contamination was stable or reduced. In 2014, all groundwater CEAs in post-closure phase had to be converted to a Remedial Action Permit (RAP) – Groundwater (GW).
- Existing cases in post-closure monitoring as well as new groundwater cases seeking a RAP, had to submit a detailed form and attachments to NJDEP for approval. Due to massive influx of RAP applications, NJDEP became severely backlogged in reviews & approvals. Technically complex RAP applications were mixed in with less complicated MNA requests. It could take over two years to receive permit approval or even a notice of deficiency (NOD).
- This delay was frustrating for Licensed Site Remediation Professionals (LSRPs) and property owners due to the impacts on property transactions and case closures. LSRPs and remediating parties were at the mercy of the NJDEP review process.
- On May 23, 2024, NJDEP gave LSRPs a gift: the ability to self-certify MNA Groundwater RAPs that meet certain criteria. The certification is allowed for existing permit applications not yet approved and new applications.
- On January 6, 2026, NJDEP further loosened the requirements on the certification form. In order to qualify for the supplemental form process, groundwater contamination must meet MNA requirements (including no active remediation system) as well as:
- No outstanding administrative issues with NJDEP;
- Site is not traditional or direct oversight;
- Site is not a landfill, childcare center, school or residence;
- A deficiency letter was not issued by DEP;
- The plume is not impacted or suspected to be impacted by PFAS;
- Plume is not within 500 feet of a potable well;
- No technical impracticability; and
- Special circumstances for surface water, co-mingled plumes, bedrock impacts and contaminants denser than water are met.
- If your case meets the Supplemental Certification Requirements, the GW RAP approval process can move forward at an expedited pace. The ability of the LSRP to self-certify or provide supplemental certification has significantly reduced RAP review and approval times.
- Two-year approvals have been reduced to two months. Cases with approved GW RAPs can be issued Limited Restricted Use Response Action Outcomes (RAOs) and move into post closure monitoring and maintenance.
