Appellate Division Upholds DEP's Authority to Establish Waiver Rule

By Lawrence F. Jacobs |   Mar. 21, 2013

The Appellate Division upholds the Department of Environmental Protection's authority to establish the Waiver Rule. See the decision.

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Topics : Legislation, Regulation, Appellate, Compliance, Waiver Rule, NJDEP | 0 Comments Read More

Is the ISRA De Minimis Quantity Exemption Being Squeezed Out?

By Jeffrey W. Cappola |   Dec. 7, 2012

Industrial SiteThere is a proposed amendment A-3367 to the Industrial Site Recovery Act ("ISRA") N.J.S.A. 13K-1 et seq. that would require an owner or operator of an industrial establishment applying for a De Minimis Quantity Exemption ("DQE") to not only certify that its use of hazardous substances fall within the de minimis levels but also that it has no “actual” knowledge that contamination is present at the industrial establishment above the remediation standards. This bill will be tracked to see whether the obligation changes from “actual” knowledge to a more affirmative obligation like the performance of a Preliminary Assessment Report as it moves through the legislature.

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Topics : Industrial, Legislation, Regulation, Appellate, De Minimus, Compliance, De Minimis Quantity Exemption, Industrial Site Recovery Act, Hazardous, NJDEP, ISRA, DQE, Remediation | 0 Comments Read More

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