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NJDEP Creates Avenue for Prioritized RAP Application Review

NJDEP Creates Avenue for Prioritized RAP Application Review
Wednesday, July 12, 2023

The New Jersey Department of Environmental Protection (“DEP”) has instituted a new procedure for expediting the evaluation and review of certain Remedial Action Permit (“RAP”) Applications through the creation of a new Application Addendum form, available here.

This Application Addendum form allows a RAP applicant to be considered for prioritized review if the implemented remedial action is among five (5) preapproved categories set forth by the DEP. These five approved RAP types include:

  • An Initial Soil RAP Application where the restricted use soil remedial action does not include an engineering control;

  • An Initial Soil RAP Application for soil contamination at schools, childcare centers, and residences where a presumptive remedy under N.J.A.C. 7:26E-5.3 is used, but is not required;

  • An Initial Soil RAP Application for soil contamination at schools, childcare centers, and residences where an alternative remedy pursuant to N.J.A.C. 7:26E-5.3 has been pre-approved by the Department;

  • An Initial Soil RAP Application where historic fill is the only area of concern being addressed by the RAP Application; and

  • An Initial Ground Water RAP Application for Monitored Natural Attenuation where the extent of the Classification Exception Area is limited to the property boundaries and no receptors are impacted.

For those sites meeting the above criteria, the DEP is accepting this Application Addendum both as a part of new applications and as an addition to pending applications.

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