Proposed Changes to PADEP’s Management of Fill Policy

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Synergy Environmental, Inc.
Brian Loughnane, P.G

December 18, 2018

A draft of the PADEP’s Management of Fill Policy is out for review, here are some thoughts from an Environmental Consultant.

Land owners, real estate developers, excavation contractors, municipalities, environmental consultants and lenders need to take note of the upcoming changes that will be occurring with the Pennsylvania Department of Environmental Protection’s (PADEP’s) Management of Fill Policy (Fill Policy).   During mid-November 2018 PADEP issued a notice that the current (first published during 2004 then amended in 2010) Fill Policy is being revised.  A draft has been issued and is out for review until early January 2019.  Projects and activities that involve earth disturbance or excavation will be impacted by the new Fill Policy.

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PFAS – Let’s Let the Science Catch Up

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Hunton Andrews Kurth LLP
Daniel J. Grucza

December 10, 2018

Because of their widespread environmental presence, persistence and bioaccumulation, the group of substances known as PFAS have been described as a “Perfect Storm” of liability. The number of plaintiff’s suits concerning PFAS have spiked in the last few years. Also, EPA faces increasing bipartisan calls from Congress to adopt new drinking water standards and cleanup levels. In the interim, states are filling the void. In October 2017, the New Jersey Department of Environmental Protection announced a maximum contaminant level (MCL) of 14 parts per trillion for PFOA. Some NGO’s have called for levels as low as 1 part per trillion.

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USEPA and Army Corps Propose New WOTUS Rule

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Vorys Sater Seymour and Pease LLP
Ryan D.Elliott

December 11, 2018

This article was originally posted in the Vorys Energy & Environmental Law Blog

On December 11, 2018, USEPA and the Army Corps of Engineers proposed a new rule defining “water of the United States” (WOTUS) subject to USEPA/Army Corps jurisdiction under the Clean Water Act. The proposed rule would replace the 2015 WOTUS rule, which has been the subject of litigation across the country, with a more narrow WOTUS definition. Specifically, the new proposed rules defines 6 categories of waters subject to USEPA/Army Corps jurisdiction:

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“The State Doesn’t Care If It Works”: Why Voluntary Cleanup Programs Succeed (or Not)

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Hunton Andrews Kurth LLP
Dan J. Jordanger

November 28, 2018

Nobody wants to live near a designated “Superfund” site. Aside from potential exposure to hazardous chemicals, the stigma associated with proximity to a Superfund site leads to loss of property value. In addition, the Superfund process is notorious for its record of protracted and expensive cleanups. In view of these well-founded concerns, a number of states have adopted voluntary cleanup programs (VCPs) as alternatives to the federal Superfund program. A well-structured and well-run VCP can keep a contaminated property out of the Superfund program while at the same time providing a mechanism for investigation and cleanup. VCPs often work particularly well to facilitate the cleanup and re-use of “Brownfields,” former industrial or commercial sites where future use is affected by real or perceived environmental contamination.

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NJ Adopts New Site Remediation Rules, Affecting Real Property Owners and Users

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Pepper Hamilton LLP
Gregory S. Narsh and Thomas M. Letizia

December 3, 2018

New Jersey has one of the nation’s strictest site remediation regimes, and new amendments to the law may create further compliance challenges for property owners and users. The Industrial Site Recovery Act (ISRA), which is a “transaction trigger” law, requires remediation of certain sites when there is a change in the ownership or operations of the business or property, such as signing an agreement to sell the property. In August, the New Jersey Department of Environmental Protection (NJDEP) adopted several new amendments that property owners and users should be aware of. In this article, we discuss two of the more significant changes.

 Background

NJDEP implemented ISRA in 1993 to create a strong mechanism for cleaning up the numerous contaminated sites across the state. The law requires investigation, quantification and remediation of contaminated property that may not have been required had the triggering transaction not occurred.

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