Preview of DEP Changes
This week, NJGCA attended an environmental regulatory conference hosted by the New Jersey Business & Industry Association. The event was well attended and covered a number of notable topics.
We won't bore you with the nitty-gritty details. Two panels touched on New Jersey Department of Environmental Protection's (DEP) new proposed land use and site remediation regulations. We thought to briefly cover a few points to better inform you.
While the proposed regulations will still need to go through the ordinary comment period and administrative process, some industry professionals were particularly concerned about how these proposals might impact property owners.
For example, some of the items discussed regarding these proposed rules addressed:
• How a particular property can be developed and used under new flood zone regulations. Under the proposed rules, any flood area not only has to account for historic flood maximums (think Hurricane Sandy levels), but also account for sea level increases due to global warming. These “inundation zones” will have curtailed use. And while many business advocates contend that sea levels will not rise anywhere near to the levels predicted by the state's assessment (a Rutgers study anticipates an increase of five feet by 2100), if the rules are implemented it will prohibit certain types of construction and service installations along the coastline, rivers, and other waterways, and make most new construction and meaningful changes to current property much more expensive, based on a projected flood risk 75 years in the future. This isn't just commercial property either, if you have a house down the Shore it will be affected as well.
• Another proposal would revise the DEP's permitting process for Soil Remedial Action Permits (SRAPs) as overseen by a Licensed Site Remediation Professional (LSRP). SRAPs are mandated when contaminated soil (at high levels of contamination) are left in place at a remediated site. The LSRP must obtain a DEP permit before a Response Action Outcome (RAO) is filed. To speed up this process, DEP has created a new application for specific SRAP submissions that meet a limited criteria. That submission (called the “LSRP Supplemental Certification for Initial Soil Remedial Action Permit Application”) is expected to expedite the process. In fact, one of the panelists (an assistant DEP commissioner) stated that the aim was to review and make a determination in under 30 days to get submissions answered and out quickly.
• And yet another panel discussion touched on the wide detection of PFAS (or “Per- and polyfluoroalkyl substances”); which are manufactured chemicals that are resistant to heat, oil, water, and grease. These chemicals are now in hundreds of everyday products, such as fabrics, paints, cleaning products, and more. These chemicals last for a very long time, have been found in drinking water, and are linked to certain cancers.
At first glance, these topics may seem dissimilar and have little impact on our members. Yet, if these rules are fully adopted, it does not take much imagination to dream up scenarios in which they will impact the small business community.
Yet, it is possible that the new flood zone rules could restrict the future use or possible expansion of your location, personal property, or a new land purchase. Perhaps the new permitting process could help (or hinder) a contamination remediation project at your shop. And any crackdown of PFAS standards could improve your local drinking water, while also potentially restricting some of the products or chemicals used at your shop.
Ultimately, the final outcomes of these rule implementations will take decades to play out. Policymakers may be entirely correct; or these constraints overreach and may harm property owners, residents, and the business community. Regardless, most New Jerseyans and small business owners are unaware that this process is unfolding, and they will have limited time to react. Are you paying attention?
If you have any questions, please feel free to reach out to Nick at nick@njgca.org
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