May 03, 2007

Minimizing Your Environmental Liability Risk from Real Property Acquisitions in New Jersey

Once a contaminated site is successfully remediated, the New Jersey Department of Environmental Protection (“NJDEP” or “Department”) will issue a No Further Action letter (“NFA”). The NFA constitutes the NJDEP’s written determination that the remediation has been completed to the satisfaction of the NJDEP in accordance with the Technical Requirements for Site Remediation, N.J.A.C. 7:26E (“Tech Regs”), and any other applicable requirements. An NFA may cover either the entire property or only a portion of the property. Since January 6, 1998, every NFA issued by NJDEP must be accompanied by a Covenant Not to Sue or “CNS” (see N.J.S.A. 58:10B-13.1(a)).

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