[EXTERNAL]: Changes to the ISRA Alternate Compliance Options Form

The New Jersey Department of Environmental Protection (Department) has re-evaluated the ISRA Alternate Compliance Options Form, specifically the wording in Section B of the form concerning the Remediation in Progress Waiver:

"I understand that if at any time the lead case falls out of compliance with the remediation schedule, or is unable to maintain the required remediation funding source, that I am obligated to establish a remediation funding source to cover the difference between the posted amount and the cost to remediate the site and I have an obligation to complete the remediation of the site."

While the Department believes the above language is an accurate interpretation of applicable law, the Department has modified Section B of this form to make it clear that the language is purely meant to inform Remediation in Progress Waiver applicants of their continuing potential liability under ISRA and is not an independently binding statement of the applicant. The revisions include the removal of the implied agreement with referenced obligations.

Other language changes to the Form have been made to provide additional clarity.

The revised ISRA Alternate Compliance Options Form and change log may be found at https://www.nj.gov/dep/srp/srra/forms/.

Celebrating its 50th anniversary in 2020, the New Jersey Department of Environmental Protection is dedicated to protecting New Jersey's environment and public health. The agency prioritizes addressing climate change, protecting New Jersey's water, revitalizing its communities and managing and promoting its natural and historic resources.

For the most recent information about the DEP, follow its Twitter feed at @NewJerseyDEP or visit www.nj.gov/dep.