Extensions Aren't Forever

On August 20, 2020, NJDEP issued a Notice of Rule Waiver/Modification/Suspension related to Governor Murphy’s Executive Order No. 103 (state of emergency due to covid-19). The Notice automatically extended some remediation timeframes for those that were or will be reached during the state of emergency from an original 90-day extension to 270 days in total. The Notice is applicable to certain regulatory and mandatory timeframes, such as completing a remedial investigation or action.

This Notice in concert with LSRP-certified regulatory extensions and/or timeframe lengthening forms may allow you to postpone the timeframes for your NJDEP case by years. NJDEP has recently made clear though that extension requests must include rationale/data in support and that they shouldn’t be utilized in lieu of actions to comply during the original timeframes. Additionally, it should be noted that any extension requests for mandatory timeframes must be reviewed and approved directly by NJDEP. Lastly, NJDEP’s opinion is that the default timeframes are sufficient to either achieve remediation standards or document that the remedial action used is successfully reducing concentrations.

Although there is the possibly of these extensions, make sure to understand how much time is necessary for your project by having an honest conversation with your LSRP. Common examples to consider are that you may need up to two years of groundwater monitoring data to be able to apply for a passive Remedial Action Permit or you may need to install and sample additional monitoring wells for groundwater delineation when modeling was used to complete your Remedial Investigation. Extensions can be positive things for a variety of reasons, but time passes quickly, and you may be knocking on the door of a timeframe before you know it.