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Don't Ignore the Mail You'll Soon Receive from the NJDEP

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April 5, 2012

As a current or prior owner or operator of a contaminated site in New Jersey, be on the lookout for important correspondence that will be coming from the New Jersey Department of Environmental Protection (NJDEP) over the next month or so. That correspondence will be directed to the person or company the NJDEP deems “responsible” for remediating contaminated sites and will rank or “score” your site as part of the NJDEP’s “Remedial Priority System,” otherwise known as the “RPS Model.” The ranking system will categorize your site along with all other contaminated sites in New Jersey based on, among other considerations, the site’s “level of risk to public health, safety or the environment.” According to the NJDEP, the letters have already started to go out in alphabetic order as listed in NJDEP’s records, and it will take three to four weeks to complete the mailing. The NJDEP is issuing these letters to fulfill a requirement in the recent Site Remediation Reform Act – the same law that created the Licensed Site Remediation Professional (LSRP) program.

As a result of the data which the NJDEP has used concerning your site, and other geographic information and factors which the NJDEP has assigned on a numerical basis, your site will be “scored” and cataloged in any one of five categories – Category 1 represents the lowest score and thus the least potential threat; Category 5 represents the highest score and thus the greatest potential risk.

You will have 60 days within which to comment on the “scoring” and designated Category. It is important that you immediately review the NJDEP’s scoring carefully for several reasons:

The sixty (60) day window is your opportunity to present corrections to the NJDEP, as well as any additional data that may have been overlooked by the NJDEP, all of which may lower and correct the Category scoring.

If you have questions about the information contained in this alert, contact a member of the Environmental Practice Group at Flaster/Greenberg PC

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