By: Stephen Eisdorfer, Esq.
The Commissioner of the New Jersey Department of Environmental Protection (NJDEP) has issued a highly anticipated administrative order, which creates new opportunities for property owners and builders to protect their rights to develop with public sanitary sewer service.
Continue reading "NJDEP Extends Deadline for Wastewater Management Plans" »
By: Henry T. Chou, Esq.
Governor-Elect Chris Christie has selected Bob Martin, a retired utility consultant, as the next Commissioner of the New Jersey Department of Environmental Protection (DEP). Martin, formerly of the consulting firm Accenture LLP, served as Christie's energy and environmental policy advisor during last year's gubernatorial campaign.
By Michael J. Lipari, Esq.
The Legislature adopted A-4345 that extends the requirement of wastewater management planning agencies to establish or update wastewater management plans, and extends validity of sewer service areas and wastewater service areas, until April 7, 2011. The bill just needs the endorsement of the Governor to become law.
Continue reading "Bill to Delay Adoption of Wastewater Management Plan Awaits Governor’s Approval" »
By Henry T. Chou, Esq.
On December 30, 2009, the Sierra Club petitioned the United States Environmental Protection Agency (USEPA) to halt New Jersey's implementation of the Licensed Site Remediation Program, which would shift regulatory oversight of contaminated sites from the New Jersey Department of Environmental Protection (NJDEP) to private engineers licensed by a State Board.
By: Henry T. Chou, Esq.
In a move that went largely unnoticed, the New Jersey Department of Environmental Protection (NJDEP) has adopted new wetlands mitigation rules that impose onerous and costly mitigation requirements for minor wetlands disturbances.
By: Henry T. Chou, Esq.
For the past two years, a coalition of developers and business groups called the Smart Growth Economic Development Coalition has sought to effect significant changes in land use use and environmental regulatory laws aimed at keeping businesses in New Jersey and attacting new business. It now hopes to push through some of its legislation in the lame duck Legislative session after the gubernatorial election in November.
Continue reading "Development Coalition Seeks Overhaul of Land Use and Environmental Procedures" »
By: Henry T. Chou, Esq.
Last summer, the New Jersey Department of Environmental Protection (NJDEP) changed its rules to reassign the responsibility of mapping public sewer service areas from local agencies to county governments. The new rules require counties to promptly approve and submit county-wide wastewater management plans (WMPs) - the plans that govern which properties may be serviced by public sewer - although NJDEP has indicated that it may grant extensions for certain counties.
Continue reading "What’s the Big Stink With DEP’s New Sewer Rules?" »
By: Henry T. Chou, Esq.
In a highly anticipated move, Governor Corzine signed the "Licensed Site Remediation Professional" (LSRP) bill into law this morning. The legislation - based on a successful model developed by the State of Massachusetts - creates a 13-member board comprised of public and private representatives that licenses professionals to oversee site cleanups that are currently under the jurisdiction of New Jersey Department of Environmental Protection (NJDEP).
By: Henry T. Chou, Esq.
In response to the massive backlog of contaminated sites in need of remediation, the New Jersey Legislature has passed a bill that would grant private consultants and engineers the authority oversee site cleanups in place of the New Jersey Department of Environmental Protection (NJDEP).
Published in August 2008 Issue of Builder/Architect Magazine, Greater New Jersey Edition
By Henry T. Chou, Esq.
The New Jersey Department of Environmental Protection (DEP) has adopted amendments to its regulations, scheduled for publication on July 7, 2008, that will reduce the availability of wastewater treatment service and increase the regulation of septic systems. While DEP claims that the rule amendments will improve water quality and protect environmentally sensitive areas, it appears that the only certain consequence of the rule amendments is economic hardship for counties, municipalities, property owners and developers.
Published in August 6, 2008 Issue of New Jersey Builders Association Dimensions Newsletter
By: Henry T. Chou, Esq.
On June 16, 2008, the New Jersey Department of Environmental Protection (DEP) published adopted rules that reclassify 686 miles of waterways in the State to “Category One” status. The rules affect portions (or all) of more than 15 major rivers, reservoirs and their streams and tributaries throughout 14 counties.
Continue reading "DEP Adopts New Restrictions on Development Near Waterways" »