Thursday, June 26, 2014

When pesticides were used, is remediation required?

The New Jersey Department of Environmental Protection has formally clarified when
remediations are required for commercial and industrial properties on which pesticides
were used in the past. 

Gibbons attorney David A. Brooks writes in Real Property and Environmental Law Alert:
"The New Jersey Department of Environmental Protection has more formally confirmed the scope of the responsibility to address historic pesticide use on commercial and industrial properties: namely that a party need not remediate historic pesticide use unless there is a land use change to residences, schools, child care centers and playgrounds.
On June 20, 2014, the NJDEP published an additional notice for Response Action Outcomes, the written determination by a Licensed Site Remediation Professional that a remediation is complete, which specifically permits completion of a remediation without investigation of contamination from historic pesticide use
The notice would only apply to contamination from the application of such pesticides to, for example, a former orchard or farm, but not contamination from a discharge caused by the mixing, manufacturing or other handling of such chemicals. NJDEP approval is not required for an LSRP to use this notice."

Read the entire Gibbons post here 

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