The Redeveloper

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NJDEP Establishes New Ground Water Standards

The NJDEP recently recommended establishing specific ground water quality standards for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS).  New Jersey is the first state to set drinking water standards for these chemicals.  PFOA and PFOS are frequently used in  commercial applications but have also been to widely reported to cause health problems.  Maximum contaminant levels […]

Due Diligence and the Bermuda Triangle: Getting it Done

Co-authored by Melissa A. Clarke As published in the Spring 2016 edition of Dimensions Due diligence can make or break a deal, and there is a lot on the line for those charged with getting it right.  (1)   From an environmental perspective in New Jersey, that can be daunting. The Bermuda Triangle of diligence […]

Updated DEP Fill Material Guidance To Facilitate Redevelopment

Developers of brownfields and sites regulated by the New Jersey Department of Environmental Protection’s (“DEP”) Site Remediation Program (“SRP”) often struggle with the issue of testing quarry/mine material used as fill.  Suppliers of quarry/mine material are typically reluctant to and often will not allow testing prior to delivery of the material, leaving developers at risk […]

NJDEP Announces New Guidance On “Unrelated Contamination”

The New Jersey Department of Environmental Protection (NJDEP) has announced a specific “Guidance Document” and protocol to assist Licensed Site Remediation Professionals (LSRPs) to address contamination that is suspected to be unrelated to a known discharge undergoing remediation.  In essence, the roadmap provided by NJDEP addresses three basic scenarios where:  (1) contamination is suspected to […]

Zoning Standards: The Tough Get Tougher

New Jersey’s zoning laws should promote revitalized use of properties which have been neglected, or fallen into nonuse status.  Right?  Not so fast. A recently decided New Jersey Appellate Division case further erodes the notion that redevelopment, or “brownfield” cases should enjoy any type of relaxation in the application of legal standards to be applied in zoning decisions. […]