NJDEP Remedial Action Timeframes - What You Need to Know

An important deadline is upcoming for sites with a discharge discovered prior to May 7, 1999; compliance with the mandatory Remedial Action timeframe by May 7, 2021. With this important timeframe impending, it is important to understand what compliance with a Remedial Action timeframe means. NJDEP’s guidance, Administrative Guidance Regarding Compliance with Remedial Action Report Timeframes, was released on April 4, 2017. According to the guidance, three items are required to document the completion of the remedial action: 1) implement all required remedial actions to address the contaminated site, 2) submit a remedial action report (RAR), and 3) an LSRP must issue a final remediation document, i.e., the Response Action Outcome (RAO). If necessary, the Remedial Action Permit (RAP) application must be submitted and received prior to issuing the RAO.

NJDEP has stated that the responsible party and LSRP must provide for adequate NJDEP review time in their scheduling of submission. At the LSRPA’s request, NJDEP’s published the September 20, 2018 Listserv which recommended submitting the RAP application at least 90-days prior to the timeframe in order to provide adequate review opportunity.

If NJDEP hasn’t approved your RAP application, then the LSRP should then submit an extension request no later than 30-days prior to your regulatory timeframe. In the extension form, specify an extension for the full two years allowed (bringing the regulatory Remedial Action timeframe in line with the mandatory timeframe). This accounts for both the initial NJDEP RAP review timeframe as well as any resulting questions/clarifications that are requested by the Department.

Please note that an extension of a mandatory Remedial Action timeframe is allowed in order to account for NJDEP review if your request satisfies the requirements of N.J.A.C. 7:26C-3.5c (including a delay by the NJDEP in reviewing a RAP). In that circumstance, submit the RAP application 90-days prior to the timeframe and then submit the extension request no later than 60-days prior. On the extension form, specify an extension of one year which allows for an extended NJDEP review period. Additional extensions may be possible if NJDEP has not approved the RAP.