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98 SRP BROWNFIELDS UPDATE

New Brownfield Act and Statutory Amendments Encourage Redevelopment of Existing Industrial or Commercial Property


[ ]

Innocent Purchaser Protection — Provides a purchaser who investigates and remedies a property with a liability exemption from the Spill Compensation and Control Act.

[ ] Covenant Not-to-Sue — NJDEP now includes language within its No Further Action letters stating it will not sue a property owner to require additional cleanup work for past contamination problems or previously undiscovered contamination once the property is remediated in accordance with Department guidance.
[ ] Development of Presumptive Remedies — NJDEP will develop protective redevelopment remedies that may be implemented without prior NJDEP approval — helping to expedite redevelopment.
[ ] Tax incentives — Enables reimbursement for up to 75 percent of the cost of remediation of contaminated sites from newly generated tax revenues.
[ ] Incentives for Innovative Technology — Adds incentives for those who use innovative technology by eliminating a requirement that developers post financial assurances and dedicates five percent of Hazardous Discharge Site Remediation Fund grants for those using innovative technologies.
[ ] Enhanced Information — Requires NJDEP to study contamination of state aquifers and investigate and map large areas of historic fill. The information would be accessible through the Geographic Information System (GIS) program.
[ ] Lender Liability for Storage Tanks — Exempts lenders from liability for underground storage tanks provided that action is taken to empty and close the tanks.
[ ] Environmental Opportunity Zone Amendment — Permits residential or other "productive" development in these zones where the prior law allowed only industrial or commercial reuse.

 

 
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Last revision: 20 May 1999