The COVID-19 pandemic prompted regulatory agencies at both the state and federal levels to adjust their requirements, enforcement postures, and compliance timelines in response to the practical difficulties businesses faced. New Jersey’s Department of Environmental Protection issued guidance addressing how regulated entities should handle ongoing compliance obligations when normal operations were disrupted by the pandemic. Understanding what the NJDEP required, what it temporarily adjusted, and how those adjustments intersected with continuing legal obligations was important for businesses subject to NJDEP regulation.
At Mandelbaum Barrett PC, the firm’s environmental and business attorneys counseled New Jersey companies through the intersection of COVID-19 restrictions and NJDEP compliance obligations. This overview covers the key considerations for regulated businesses during that period.
NJDEP Compliance Adjustments During the Pandemic
The NJDEP communicated its approach to pandemic-related compliance disruptions through guidance documents and stakeholder communications. For businesses that could demonstrate they were unable to meet specific regulatory requirements due to COVID-19 restrictions, the NJDEP indicated a willingness to consider documented good-faith efforts and health and safety constraints as relevant context. Businesses were expected to document the specific pandemic-related barriers to compliance and take all practicable steps to minimize any violations.
This guidance was not a blanket exemption from regulatory requirements. Businesses that failed to comply without documenting pandemic-related barriers, or that made no effort to meet their obligations under the circumstances, did not benefit from the agency’s stated approach. The practical lesson was that documentation of what the business was doing, why normal compliance was not possible, and what interim measures were being taken was essential for any regulated entity seeking to demonstrate good faith.
Site Remediation and Investigation Activities
For businesses involved in active site remediation or environmental investigation under the NJDEP’s site remediation program, the pandemic created specific challenges. Site access for soil sampling, groundwater monitoring, and remediation system operations and maintenance required personnel on-site at times when travel and workplace restrictions were in effect. Regulatory submission deadlines for remedial action workplans, biennial certification updates, and other required filings fell due during the period of maximum disruption.
Businesses in active remediation programs needed to communicate proactively with their licensed site remediation professionals and with the NJDEP directly about the status of ongoing work and the timeline for resumed activities. Unilateral delays without communication created greater compliance risk than a documented, communicated delay driven by demonstrable pandemic-related barriers.
Air Permits, Stormwater, and Recurring Reporting Requirements
Permitted facilities subject to air quality, stormwater, or other recurring NJDEP monitoring and reporting requirements faced questions about how to handle compliance when normal facility operations were disrupted. Facilities that were idled or operating at significantly reduced capacity may have had different emissions profiles than their permits anticipated. Changes in production levels or operating schedules could trigger permit modification requirements under some circumstances.
According to the U.S. Environmental Protection Agency, federal enforcement discretion policies during the pandemic required regulated entities to maintain records documenting compliance efforts and to report significant environmental releases or events promptly even during the pandemic period. NJDEP’s approach was generally consistent with this federal framework.
Returning to Full Compliance After Reopening
As New Jersey businesses resumed normal operations following the lifting of pandemic restrictions, returning to full regulatory compliance required attention to any obligations that had been deferred, documentation of all interim measures taken, and confirmation that any pending submissions or investigations were back on track. Businesses that experienced operational changes during the pandemic also needed to assess whether those changes required permit modifications or other regulatory updates going forward.
Contact Mandelbaum Barrett PC
Mandelbaum Barrett PC’s environmental and business attorneys work with companies throughout New Jersey and New York on NJDEP compliance, permitting, site remediation, and regulatory matters. If you have questions about your environmental compliance obligations or how past disruptions may affect your current regulatory status, our team is ready to assist.
To speak with a member of our team, contact Mandelbaum Barrett PC. Our attorneys are ready to assist with your environmental and business law needs.