Full Service Law Firm in Mt. Laurel Township, NJ | Capehart Scatchard

NJDEP

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.

The NJ Senate Republicans website reports “Acting Governor Tahesha Way signed legislation sponsored by Senator Parker Space (R-24) and Assemblyman Michael Inganamort (R-24) appropriating $44.4 million… to the New Jersey Department of Environmental Protection for the State acquisition of Green Acres open space lands and Blue Acres lands.” (A6275/S4921).

The NJDEP reports, “This funding ensures that lands vital for recreation and conservation are preserved for future generations, while also strengthening programs like Blue Acres that help monitor, manage, and reduce flooding risks in our most vulnerable areas.”

“The Green Acres Program was created in 1961 to meet New Jersey’s growing recreation and conservation needs. The Green Acres Program has directly protected more than 725,000 acres of open space and parkland and has funded 1,256 local and nonprofit park development and stewardship projects in communities around the state.”  Over the years, NJ has committed $3.3 Billion in Green Acres funding.

“The New Jersey Trails Program was established with the passage of the New Jersey Trails System Act in 1974, laying the groundwork for a network of trails that provide for outdoor recreation and active transportation, and which connect people with their community, with their favorite places, and with each other.” The act charged the Department of Environmental Protection with the task of establishing a trails plan. “The first Trails Plan was created in 1982, updated in 1996 and again in 2009.” The New Jersey Trails Program develops, maintains and restores trails and trail-related facilities, funded under the  federal Recreational Trails Program (RTP) grants established under the National Recreational Trails Fund Act in 1993. 

If you require assistance related to NJ’s Green Acres and Blue Acres programs or The New Jersey Trails Program, please contact Alan P. Fox, Esquire.

Capehart Blogs

Subscribe to Blog Updates

Categories