Search Rutgers Law Library N.J. Court Opinions

1 IN RE APPEAL OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION'S JUNE 1, 2020, ADOPTED AMENDMENTS -- rank: 1000

... 20 3 Brownfield and Contaminated Site Remediation Act (Brownfield Act), N.J.S.A. 58:10B-1 to -31; the Industrial Site Recovery Act (ISRA), N.J ... threatened discharge of a hazardous substance on the DPHS list. N.J.S.A. 58:10B-1.3. Appellants subsequently filed two notices of appeal from DEP ...

docket:	a0307-20
court:	NJ Superior Court Appellate Division
decided:	2020-00-01
status:	Unpublished
citation:
Document Size:	117740

2 IN RE N.J.A.C 7:1B-1.1 ET SEQ -- rank: 932

... 55(b). Similarly, the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1.1 to -31, mandates that DEP establish "minimum remediation standards ...

docket:	a3514-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-21
status:	published
citation:
Document Size:	116903

3 IN RE N.J.A.C 7:1B-1.1 ET SEQ -- rank: 932

... 55(b). Similarly, the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1.1 to -31, mandates that DEP establish "minimum remediation standards ...

docket:	a4098-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-21
status:	published
citation:	431 N.J.Super. 100 67 A.3d 621
Document Size:	117070

4 MARK SMITH v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 895

... 13:1K-6 to -14 (the Industrial Site Recovery Act); N.J.S.A. 58:10B-1 to -31 (the Brownfield and Contaminated Site Remediation Act). 2 ... remediation of a site in accordance with DEP's regulations. N.J.S.A. 58:10B-1.3(b)(1). LSRPs 'are individuals who independently oversee the ... 1.1 to -9.3. 3 A-1684-14T2 also N.J.S.A. 58:10B-1.3(b)(3). When the LSRP is satisfied that the ... and to pay fees and oversight costs, among other requirements. N.J.S.A. 58:10B-1.3(b)(1)-(9). 4 A-1684-14T2 record a ... above, Ransom conducted this remediation without DEP's prior approval. N.J.S.A. 58:10B-1.3(b)(3). During the project, Ransom excavated 9547 cubic ...

docket:	a1684-14
court:	NJ Superior Court Appellate Division
decided:	2017-12-01
status:	unpublished
citation:
Document Size:	96864

5 COZZOLI MACHINE COMPANY v. CROWN REAL ESTATE HOLDINGS, INC -- rank: 839

... of the Brownfield and Contaminated Site Remediation Act (the Act), N.J.S.A. 58:10B-1 to -31, permits entry onto real property by someone who ... was designated a Brownfield Development Area sometime in 2009. See N.J.S.A. 58:10B-1. A-1733-19 7 Bakalayan, agreeing that 'engineering and institutional ... environment . . . based upon the risk posed by discharged hazardous substances.' N.J.S.A. 58:10B-1.2. The Legislature also recognized A-1733-19 11 attendant ... and] may include . . . caps, . . . signs, fences and physical access controls.' N.J.S.A. 58:10B-1; see also N.J.A.C. 7:26E-1.8 ... cost effective and regulatory action that is timely and efficient.' N.J.S.A. 58:10B-1.2. Moreover, DEP's regulations provided plaintiff with a 'rebuttable ...

docket:	a1733-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-07
status:	Unpublished
citation:
Document Size:	37058

6 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION SITE REMEDIATION COMPLIANCE AND ENFORCEMENT v. RARITAN SHOPPING CENTER, LP -- rank: 839

... to the Brownfield and Contaminated Site Remediation Act (Brownfield Act), N.J.S.A. 58:10B-1 to -31, and the Site Remediation Reform Act (SRRA), N ... way responsible for a hazardous substance' under the Spill Act. N.J.S.A. 58:10B-1.3(a). These include hiring a LSRP, establishing a remediation ... to the site and to documents, and meeting remediation timeframes. N.J.S.A. 58:10B-1.3(b). Relevant here, DEP required Raritan to conduct remediation ... be assessed where enforcement is necessary to achieve remediation. See N.J.S.A. 58:10B-1.3(e) (failure to comply can result in enforcement under ...

docket:	a1150-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-17
status:	Unpublished
citation:
Document Size:	37694

7 S. IN RE ADOPTION OF N.J.A.C. 7:26E-1.13 -- rank: 836

... key provisions of the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1 to -31 ("Brownfield Act"). To that end, it sets minimum ... to the nearby residents and a threat to the environment[.]" N.J.S.A. 58:10B-1.2. The Legislature found that brownfields "can be a blight ... investigations, and remedial action workplans and for the implementation thereof." N.J.S.A. 58:10B-1 to -31, which was later amended and renamed by L ... adopted based on the risk posed by discharged hazardous substances . . . ." N.J.S.A. 58:10B-1.2 And the Senate Environment Committee stated that the bill ... returning contaminated sites to productive use." Another purpose articulated in N.J.S.A. 58:10B-1.2 is to "ensure that the public health and safety ... for harm to public health and safety to "acceptable levels." N.J.S.A. 58:10B-1.2 (emphasis added). And during the adoption of the ...

docket:	A3158-02
court:	NJ Superior Court Appellate Division
decided:	2005-04-22
status:	published
citation:	377 N.J. Super. 78 871 A.2d 711
Document Size:	49625

8 IN RE ADOPTION OF N.J.A.C. 7:26E-1.13 -- rank: 836

... key provisions of the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1 to -31 ("Brownfield Act"). To that end, it sets minimum ... to the nearby residents and a threat to the environment[.]" N.J.S.A. 58:10B-1.2. The Legislature found that brownfields "can be a blight ... investigations, and remedial action workplans and for the implementation thereof." N.J.S.A. 58:10B-1 to -31, which was later amended and renamed by L ... adopted based on the risk posed by discharged hazardous substances . . . ." N.J.S.A. 58:10B-1.2 And the Senate Environment Committee stated that the bill ... returning contaminated sites to productive use." Another purpose articulated in N.J.S.A. 58:10B-1.2 is to "ensure that the public health and safety ... for harm to public health and safety to "acceptable levels." N.J.S.A. 58:10B-1.2 (emphasis added). And during the adoption of the ...

docket:	a4167-02
court:	njappellate
decided:	2005-04-22
status:	published
citation:	*CITE_PENDING*
Document Size:	51218

9 TAC Associates v. New Jersey Department of Environmental Protection, et al. -- rank: 828

... hazardous substances or hazardous wastes." L. 1993, c. 139, § 26 ( N.J.S.A. 58:10B-1.1. One of the grants available under the HDSRF is ... this paragraph to any person may exceed $1,000,000[.] [ N.J.S.A. 58:10B-1, -4. The DEP reviews grant applications and refers applications it ...

docket:	a-57-09
court:	supreme
decided:	2010-07-15
status:
citation:	202 N.J. 533 998 A.2d 450
Document Size:	79823

10 FEDERAL PACIFIC ELECTRIC CO. v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, -- rank: 825

... renamed the Brownfield and Contaminated Site Remediation Act (Brownfield Act). N.J.S.A. 58:10B-1.2. The Legislature found and declared     that due to New ... cost effective and regulatory action that is timely and efficient.     [ N.J.S.A. 58:10B-1.2.] The Brownfield Act also provided that the Department     shall ...

docket:	A0518-98
court:	NJ Superior Court Appellate Division
decided:	2000-09-22
status:	published
citation:	334 N.J. Super. 323
Document Size:	51628

11 RHODIA, INC. v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 809

... the Brownfield and Contaminated Site Remediation Act (the Brownfield Act), N.J.S.A. 58:10B-1 to -31, Rhodia is required to address the contaminated historic ... definition of a "[r]estricted use remedial action" found in N.J.S.A. 58:10B-1. It further noted that because the Department "has determined that ... in compliance with the applicable health risk or environmental standards[.] [ N.J.S.A. 58:10B-1.] The statute establishes and defines three types of remedial actions ... established health risk or environmental standards[.] [ Ibid. (emphasis added).] In N.J.S.A. 58:10B-1.2, our Legislature set forth its recognition "that due to ...

docket:	a6766-04
court:	njappellate
decided:	2007-02-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	102248

12 SOLVAY SPECIALITY POLYMERS USA, LLC v. PAULSBORO REFINING COMPANY, LLC -- rank: 798

... proceed in the action in a summary manner. According to N.J.S.A. 58:10B-1, 'Person' means [a] . . . corporation, company, . . . firm, or other private business ... and to support the evaluation of remedial actions if necessary .... [N.J.S.A. 58:10B-1.] Under the plain meaning of these provisions, Solvay is a ... relevant information necessary to determine the necessity for remedial action . . . .' N.J.S.A. 58:10B-1. Solvay, having failed at its good faith efforts to secure ...

docket:	a3981-19
court:	NJ Superior Court Appellate Division
decided:	2022-09-23
status:	Unpublished
citation:
Document Size:	36765

13 /usr/local/share/www/libweb/collections/courts/appellate/a0635-20.opn.html -- rank: 793

... its contamination shall retain an LSRP to perform the remediation. N.J.S.A. 58:10B-1.3(b)(1). After the responsible party notifies DEP of the name and license information of the LSRP, N.J.S.A. 58:10B-1.3(b)(2), the discharger conducts the remediation without the ... prior approval of DEP, unless otherwise directed by the agency. N.J.S.A. 58:10B-1.3(b)(3). The LSRP independently verifies that the remediation ... remediation timeframes and expedited site[-]specific timeframes established by' DEP. N.J.S.A. 58:10B-1.3(b)(8). DEP, however, 'shall undertake direct oversight of ...

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court:
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Document Size:	42862

14 Morristown Associates v. Grant Oil Co. -- rank: 774

... a licensed site remediation professional, without prior approval from DEP. N.J.S.A. 58:10B-1.3(a), (b). 6 For completeness we note that in ...

docket:	A-38-13
court:	NJ Supreme Court
decided:	2015-01-26
status:
citation:	220 N.J. 360 106 A.3d 1176
Document Size:	100635

15 DRYTECH, INC v. THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 721

... related amendments to the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1 to -31. Under ISRA, regulated entities like plaintiff are required ... and to pay fees and oversight costs, among other requirements. N.J.S.A. 58:10B-1.3(b)(1)-(9). 2 The language of the 1998 ...

docket:	a5619-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-29
status:	unpublished
citation:
Document Size:	27304