Revised NJDEP Soil Standards May Offer a Potential Opportunity to Terminate Deed Notices Associated with Historic Fill
The New Jersey Department of Environmental Protection (NJDEP) recently issued a notice revising the direct Soil Remediation Standards for 19 constituents. Some soil standards were raised and others lowered. The revision has reduced the standards for some key constituents associated with historic fill. These new standards may support: the termination of a deed notice, the elimination of a financial assurance mechanism, if applicable, and the maintenance and certification requirements of an engineering control (i.e. vegetative, asphalt or concrete cap).
EWMA can perform a quick evaluation of a deed notice and advise on whether additional work is warranted to pursue deed notice modification or termination. We will review the deed notice and re-evaluate the soil contaminants and concentrations compared to the new standards. If the new standards are higher than the ones in the deed notice, then these individual constituents can be changed during the course of a biennial certification reporting requirement to reflect the new changes. If all listed contaminants are higher than the ones in the deed notice, then we can propose termination of the deed notice.