Environmental law affects nearly every stage of a New Jersey redevelopment project. Early environmental due diligence, proactive NJDEP permitting, coordinated work between legal counsel and technical consultants, and ongoing compliance during construction help reduce delays, control costs, and minimize environmental liability.
Read MoreNew Jersey's "Dirty Dirt Law" is a nickname for legislation enacted to combat illegal dumping and increase oversight of the soil and fill recycling industry. The law expanded New Jersey's A-901 licensing program to cover many businesses involved in collecting, transporting, processing, brokering, storing, purchasing, selling, or disposing of soil and fill recyclable materials. Companies engaged in covered activities must comply with registration, licensing, and disclosure requirements administered by NJDEP.
Read MoreNew Jersey's A-901 licensing program applies to businesses engaged in the waste industry and soil and fill recycling services. Companies that transport, broker, process, store, or dispose of solid, hazardous, or medical waste—or provide soil and fill recycling services—may need an A-901 license from NJDEP before operating. The licensing process includes detailed ownership disclosures and background investigations designed to ensure integrity within the industry.
Read MoreRecycling facilities in New Jersey are subject to a wide range of environmental permitting requirements depending on the materials handled, facility operations, and location. Businesses may need approvals from NJDEP for solid waste or recycling activities, air emissions, stormwater, wastewater discharges, wetlands, and other environmental programs. Identifying permit requirements early can help avoid costly delays and compliance issues.
Read MorePFAS regulations are becoming increasingly important for New Jersey businesses. Companies that manufacture, use, store, discharge, or remediate properties contaminated with per- and polyfluoroalkyl substances (PFAS) may face additional testing, reporting, permitting, and cleanup obligations. New Jersey has been a national leader in regulating PFAS through drinking water standards, groundwater standards, hazardous substance designations, and site remediation requirements.
Read MoreNew Jersey's Environmental Justice Law requires NJDEP to evaluate how certain new or expanded industrial facilities may affect communities that have historically experienced disproportionate environmental and public health burdens. Covered facilities seeking permits in designated overburdened communities must complete an Environmental Justice Impact Statement (EJIS) and participate in a public hearing before NJDEP makes permitting decisions.
Read MoreWarehouse and logistics projects in New Jersey can be delayed by a variety of environmental issues, including contaminated soil, wetlands, stormwater compliance, flood hazard regulations, endangered species concerns, underground storage tanks, and environmental permitting. Identifying these issues early through environmental due diligence and regulatory planning can help developers reduce delays, control costs, and keep projects on schedule.
Read MoreFederal Environmental Protection Agency (EPA) investigations and New Jersey Department of Environmental Protection (NJDEP) enforcement actions often overlap because many environmental laws are enforced by both federal and state agencies. Depending on the circumstances, an investigation may involve one agency, both agencies working together, or one agency taking the lead while the other provides oversight. Understanding how these agencies interact can help businesses, property owners, and developers respond effectively to environmental compliance issues.
Read MoreViolating an NJDEP stormwater permit can result in notices of violation, administrative enforcement actions, civil penalties, project delays, permit modifications, and, in some cases, stop-work orders. The severity of the penalties depends on the nature of the violation, the environmental impact, the facility's compliance history, and how quickly corrective action is taken. Under New Jersey's Water Pollution Control Act, significant violations may carry substantial monetary penalties.
Read MoreDevelopers in New Jersey must comply with NJDEP stormwater regulations designed to protect water quality, reduce flooding, and manage runoff from new development and redevelopment projects. Depending on the project, developers may need to prepare stormwater management plans, obtain permits, implement best management practices (BMPs), and satisfy municipal and state requirements before construction can begin.
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