NJDEP has issued a new “Guidance Document”, detailing requirements for satisfying the State’s requirement that “Remedial Investigations” be completed by May 7, 2014.  The Department confirms that the deadline applies to contamination identified, or which should have been identified, on or before May 7, 1999.

Media included in the requirement are soil, groundwater, surface water, sediment and air.  There is not an exemption where contamination has migrated onto a site from another contaminated property.  However, under current NJDEP regulations, responsible parties will not have liability where it is demonstrated that contamination is from an off-site source.  The Department is currently developing a Guidance Document to address proofs necessary to document off-site sources.

Significantly, the new Guidance Document also allows professionals to use “professional judgment” to determine whether sufficient information exists to prove the nature and extent of contamination under applicable NJDEP regulations.  The State has also reconfirmed that delineation of contamination to the “clean zone” is needed in order to justify issuance of final approval in the form of a Response Action Outcome.