Late last night, the New Jersey Department of Environmental Protection (NJDEP) released guidance confirming that site remediation work may continue under Governor Murphy’s Executive Order 122 (EO-122), which shut down all non-essential construction projects as of Friday, April 10 to help prevent community spread of COVID-19.

As anticipated in our blog last week, NJDEP clarifies and specifically states that “construction related to site remediation projects are allowed to continue under EO 122.”  In doing so, NJDEP points to language in Section 2 of EO-122, which defines “essential construction projects” to include “(l) Any project that is ordered or contracted for by Federal, State, county, or municipal government, or any project that must be completed to meet a deadline established by the Federal government;” and “(m) Any work on a non-essential construction project that is required to…remediate a site…”

All site remediation work must, however, comply with the social distancing requirements in EO-107 and EO-122.  NJDEP states that “all efforts should be made to minimize site activities and to protect staff, contractors, and the general public.”  NJDEP acknowledges that on-site staffing decisions will depend on each project’s circumstances but does provide the examples of staggering on-site construction activities and identifying activities that can be postponed.

The guidance also advises LSRPs and others to document all remedial activities conducted during the COVID-19 emergency period.  The documentation should especially include explanations for any variations from rules or guidance, including scientific and technical rationales, that detail how the remediation continues to be protective of public health and safety and of the environment.

Lastly, the guidance recommends taking into consideration the United States Environmental Protection Agency’s (EPA’s) recent Interim Guidance on Site Field Work Decisions.  Click here for more details on EPA’s guidance for conducting remediation work during the COVID-19 emergency period.