COVID-19 UPDATE
August 20, 2020
Bruce S. Katcher
MGKF Special Alert
On August 17, 2020, NJDEP Commissioner Catherine McCabe issued an emergency temporary rule modification to extend certain Site Remediation Program timeframes found in the Administrative Requirements for Site Remediation and the Technical Requirements for a total of 270 days. This extension is inclusive of her previous extension of 90 days issued on April 24, 2020. The specific timeframes that are extended may be found in the August 17 temporary rule modification
As with the prior extension, this extension was issued based on the unprecedented circumstances presented by the COVID-19 pandemic which are continuing, and applies only to those timeframes specified in the temporary rule that have been and will be reached during the period which the Governor’s Executive Order 103, declaring a Public Health Emergency and State of Emergency, is in effect. The basis for the Commissioner’s authority is discussed in our prior article on the original extension found here.
Notably, as with the prior extension, if an affected timeframe will not be reached until after EO 103 expires (which date is now unknown), it is not extended. Generally speaking, the extension only applies to various completion/submission deadlines and not to any timeframes for the mitigation of immediate impacts to human receptors. Included are several mandatory time frames as well as regulatory and expedited site-specific time frames, whether in the regulations or under an administrative consent order.
Finally, the action notes that if additional extensions beyond the 270 days granted in the temporary rule or if extensions of timeframes not covered by the rule are necessary, those may be available on a case by case basis utilizing the existing procedures in the ARRCS and Tech Regs.
If you have any questions about the extension, please contact our partner, Bruce Katcher at BKatcher@mankogold.com or 484-430-2320.