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NJDEP Oil Tank Grant Changes Effective September 2011

  
  
  
  

Changes to the NJDEP & EDA Tank Grant Effective September 15, 2011

Grant applications that have already passed NJDEP review and have been submitted to the EDA are now being processed by the EDA with the monies added to the Grant Fund from the 2012 State appropriation.   These applicants who had submitted their grants prior to the May 3, 2011 fund change  will be receiving notification from the EDA over the next few weeks.

Applications that are in-house at the EDA but incomplete will be reviewed and processed in the order that they were received and held until sufficient funds become available.

There is a priority system that is in place pertaining to which applicants get funding first as per NJSA 58:10A-37.4, which is as follows:  

1) Applications indicating a discharge posing a threat to drinking water, human health or sensitive ecological area;

2) Supplemental applications for remediation of discharge from regulated tanks;

3) Applications for remediation of discharge from regulated tanks;

4) Supplemental applications for remediation of discharge from unregulated tanks;

5) Applications for remediation of discharge from unregulated tanks;

6) Non-leaking tank applications

Within each of these categories, priority is based on the application filing date and processing dates that EDA staff adheres to when conducting its review. grant-answers

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NJDEP LSRP May 7, 2012 Deadline

January 2012 Update

The NJDEP LSRP program deadline of May 7, 2012 is coming up quickly and the Licensed Site Remediation Program is well into its’ Interim Phase of working into its permanent place as the new form of oversight program for the NJDEP.  Curren will utilize this page to periodically provide NJDEP Updates and LSRP findings to keep our clients’ abreast of what is happening and how it could affect you:

At this point and based on our discussions with various NJDEP Case Managers, there appears to be a slim chance to close out existing NJDEP cases under  the review of the NJDEP.  The stacks of case files pending review at this time appear to be more than the NJDEP can provide responses to by the May 7, 2012 deadline.  Therefore, the NJDEP is currently recommending that future submissions be performed under the direction of an LSRP.  Existing cases must Opt-In to the Site Remediation Reform Act (“SRRA”) Program and retain an LSRP.  All new cases and those cases which initiated remediation or remedial actions after November 3, 2009 need to hire an LSRP immediately. 

Therefore, at this time, it appears that almost all future NJDEP submissions, except where the remediating party has not performed timely actions and where the concern poses a significant threat to human health and the environment, must involve an LSRP.

One of the most significant first submissions for existing cases and cased which initiated remediation prior to November 4, 2009, if it has not been completed at this time is the Receptor Evaluation (“RE”).  The Initial RE should have been submitted to the NJDEP by March 1, 2011 or one (1) year after the initiation of remediating a site after March 1, 2010. 

The Mandatory Timeframe for submission of the Initial RE is March 1, 2012 or two (2) years after the initiation of remediation that occurs after March 1, 2010.