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Site Remediation Reform Act (SRRA) Listserv Archives
August 19, 2019 - [SRRA]: Clarification Regarding No Further Action/Investigation Statements in
New Jersey Department of Environmental Protection (DEP) Comment Letters
Issued Prior to Enactment of the Site Remediation Reform Act (SRRA)

From: owner-srra@listserv.state.nj.us; on behalf of; SRRA <SRRA@dep.nj.gov>
To: srra@listserv.state.nj.us
Date & Time: 8/19/2019 11:04:00 AM
Subject [SRRA]: Clarification Regarding No Further Action/Investigation Statements in New Jersey Department of Environmental Protection (DEP) Comment Letters Issued Prior to Enactment of the Site Remediation Reform Act (SRRA)

[SRRA]: Clarification Regarding No Further Action/Investigation Statements in New Jersey Department of Environmental Protection (DEP) Comment Letters Issued Prior to Enactment of the Site Remediation Reform Act (SRRA)

There has been some confusion as to whether a statement that "no further action" or "no further investigation" for an area of concern included in a historical comment letter issued by the New Jersey Department of Environmental Protection (DEP) prior to the enactment of the Site Remediation Reform Act (SRRA) is equivalent to a formal "No Further Action Letter" issued by the DEP.

A statement in such a comment letter that either "no further action" or "no further investigation" is required for one or more area(s) of concern is not equivalent to a formal "No Further Action Letter" as defined pursuant to the Brownfield and Contaminated Site Remediation Act (Brownfield Act), N.J.S.A. 58:10B-1 et seq. issued by the DEP. A comment letter with a "no further action" or "no further investigation" statement is not a Final Remediation Document as defined pursuant to the Brownfield Act. Therefore, these areas of concern require further evaluation as determined by the retained licensed site remediation professional (LSRP) applying professional judgment prior to the issuance of a Response Action Outcome (RAO).

Conversely, a "No Further Action Letter" is considered a Final Remediation Document. The LSRP may rely on this formal "No Further Action Letter," provided in his or her professional judgment the remediation for which the "No Further Action Letter" was issued is still protective of the public health and safety and of the environment.

For additional clarification related to the DEP's issuance of a "No Further Action Letter" and an LSRP's obligations, please note that a person responsible for conducting remediation cannot rely solely upon a previously issued "No Further Action Letter" when an LSRP determines additional investigation is necessary to support the issuance of an RAO.


SRP Site Remediation Reform Act (SRRA) Web site: www.nj.gov/dep/srp/

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