For decades prior to 2024, in most circumstances, only a party responsible for remediating a discharge of hazardous substances in New Jersey has been required to report a known discharge.
NJDEP Revises Rule On Reporting Hazardous Substance Discharge to Require Property Owner Notification
Under the re-proposed rule, any person who discovers a discharge of a hazardous substance during all appropriate inquiry must notify the record owner of the property where the discharge is discovered. This requirement to inform the record owner of the property applies to any person conducting all appropriate inquiry. Once the record owner is informed of the presence of the discharge, the owner has a legal obligation under the Spill Act to report the discharge to NJDEP and to initiate remediation of the contamination.
By
Debra Rosen , Daniel Farino and Charles Dennen
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