Administrative Consent Orders and Remediation Agreements

Status of Administrative Consent Orders and Remediation Agreements After May 7, 2012

The New Jersey Department of Environmental Protection published a Notice to those parties currently conducting a remediation pursuant to an Administrative Consent Order (ACO) or a Remediation Agreement (RA). In short, with the exception of certain RCRA, CERCLA and Federal Facilities, all parties responsible for conducting a remediation, even under an ACO or RA, must hire an LSRP no later than May 7, 2012. All parties are expected to proceed with the remediation using an LSRP in accordance with the ARRCS rule, including compliance with regulatory and mandatory timeframes. NJDEP will hold in abeyance all requirements of the ACO or RA that concern obtaining NJDEP’s pre-approval of reports, work plans, progress reports and specific timeframes set forth in the ACO or RA. To see NJDEP’s Notice, click on http://www.nj.gov/dep/rules/notices/081511b.html.