By Ryan E. Gallagher, Esq. and Heidi S. Minuskin, Esq.

In the post-COVID 19 era, numerous businesses and sites have seen significant delays from the New Jersey Department of Environmental Protection (NJDEP), resulting from backlogs of Remedial Action Permit (RAP) applications related to environmental cleanups. To address this situation as of July 3, 2023, the NJDEP has advised that it will prioritize five types of Initial RAPs. 

The Prioritized Initial RAP applications focus on implemented remedial actions to determine whether certain applications can be expedited. The NJDEP has enumerated the five  Prioritized Initial RAP Applications as follows:

Prioritized RAP Type 1: An Initial Soil RAP Application where the restricted use soil remedial action does not include an engineering control. 

Prioritized RAP Type 2: An Initial Soil RAP Application where a presumptive remedy listed in Table 5-1 of N.J.A.C. 7:26E-5.3 is used but is not required. 

Prioritized RAP Type 3: An Initial Soil RAP Application where an alternative remedy pursuant to N.J.A.C. 7:26E-5.3 has been pre-approved by the Department. 

Prioritized RAP Type 4: An Initial Soil RAP Application where historic fill is the only area of concern being addressed by the RAP Application. Prior to submitting the RAP Application it is necessary that either: (i) a Preliminary Assessment Site Investigation (PA/SI) was conducted that indicates that all of the Areas of Concern (AOC) at the site have or will be addressed with a final remediation document; or (ii) sampling that was conducted for the historic fill AOC has been submitted to the Department.

Prioritized RAP Type 5: An Initial Ground Water RAP Application for Monitored Natural Attenuation (MNA) where the extent of the Classification Exception Area (CEA) is limited to the property boundaries and no receptors are impacted.

If your site meets the requirements/conditions noted above, same would be entitled to have its Initial RAP Application prioritized. If your site has already submitted its Initial RAP Application, the site may still submit the Addendum to same for consideration by the NJDEP. Note, however, that the NJDEP will not accept any variances to these Prioritized RAP requirements/conditions.

Therefore, it is beneficial for sites to note whether their RAP Applications can be prioritized by the NJDEP in order to ensure compliance with applicable deadlines and laws. 

For more information, contact Ryan Gallagher at rg@spsk.com or 973-798-4953 or Heidi S. Minuskin at hsm@spsk.com or 973-798-4949.