FROM NJDEP SRRA
There has been some confusion as to whether a statement that “no further action” or “no further investigation” for an area of concern included in a historical comment letter issued by the New Jersey Department of Environmental Protection (DEP) prior to the enactment of the is equivalent to a formal “No Further Action Letter” issued by the DEP.
A statement in such a comment letter that either “no further action” or “no further investigation” is required for one or more area(s) of concern is not equivalent to a formal “No Further Action Letter” as defined pursuant to the Brownfield and Contaminated Site Remediation Act (Brownfield Act), N.J.S.A. 58:10B-1 et seq. issued by the DEP. A comment letter with a “no further action” or “no further investigation” statement is not a Final Remediation Document as defined pursuant to the Brownfield Act. Therefore, these areas of concern require further evaluation as determined by the retained licensed site remediation professional (LSRP) applying professional judgment prior to the issuance of a Response Action Outcome (RAO).
Conversely, a “No Further Action Letter” is considered a Final Remediation Document. The LSRP may rely on this formal “No Further Action Letter,” provided in his or her professional judgment the remediation for which the “No Further Action Letter” was issued is still protective of the public health and safety and of the environment.
For additional clarification related to the DEP’s issuance of a “No Further Action Letter” and an LSRP’s obligations, please note that a person responsible for conducting remediation cannot rely solely upon a previously issued “No Further Action Letter” when an LSRP determines additional investigation is necessary to support the issuance of an RAO.
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