Deed Notices

When a site investigation has documented that soil contaminants exceed remediation standards, subsequent investigation must determine the source and extent of contaminants. The remediating party must then determine an appropriate remedial action, such as removal of contaminants to an unrestricted level. Alternatively, the remediating party can select a remedial option that allows some contamination to remain on site, which is known as a restricted use remediation or limited restricted use remediation. The restricted use option for soil requires the responsible party to record a Deed Notice with the county as an institutional control to provide notification of the environmental condition of the property. The Deed Notice includes detailed descriptions, drawings and tables defining the property, the contaminants present, the restricted area on the property, restricted uses of the property, engineering controls in place, requirements for changes in ownership or local regulations, requirements for physical changes or disturbances on the property, termination requirements, and other pertinent information.

The remediating party must determine if engineering controls are necessary to separate occupants from the remaining contamination. On non-residential properties, the deed notice must include engineering controls when contaminant concentrations are greater than non-residential direct contact standards. Engineering controls for soil typically utilize existing features such as building slabs and paved or concrete surfaces to separate occupants from the impacted soil. The delineation of the contamination extent, the Deed Notice, the engineering controls, and a monitoring and inspection schedule form the basis of an application for a Remedial Action Permit (RAP) for soil. An LSRP is required to oversee the use of a Deed Notice and must certify a RAP Application. NJDEP reviews the Application and issues the permit on their approval.

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