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EPA issues 2012 NPDES General Permit

On February 16, 2012, the Environmental Protection Agency ("EPA") issued the final National Pollutant Discharge Elimination System ("NPDES") General Permit for Stormwater Discharges from Construction Activities.  The permit will be effective in areas where EPA is the permitting authority: Idaho, Massachusetts, New Hampshire, New Mexico, Washington, D.C., and most U.S. territories and in Indian country lands. Other states in the Northeast and Mid-Atlantic, including Connecticut, parts of Delaware, Maine, Maryland, parts of New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and parts of Vermont, have NPDES Permitting Authority and are not covered by the 2012 Permit.

The 2012 Permit includes modifications from the 2008 permit. It implements Effluent Limitations Guidelines and New Source Performance Standards for Construction and Development for point sources industry that became effective on Feb. 1, 2010 for the construction and development industry. It also includes requirements based on water quality standards for stormwater discharged from construction sites. The new effluent limitations focus on erosion and sediment control and include soil stabilization requirements for clearing, grading and excavating activities. They also include dewatering requirements for draining trenches and excavations and mandate pollution control measures to minimize wash water discharges and precipitation and stormwater contact with building materials, fertilizers, pesticides and other construction site materials.  

The Law Office of Christopher D. Hopkins, LLC. can assist clients with construction and development permitting issues.  Please feel free to contact me to discuss your issues. 
 

About The Law Office of Christopher D. Hopkins, LLC

The Law Office of Christopher D. Hopkins, LLC is a boutique law firm located in Scotch Plains, New Jersey committed to providing the highest quality of legal services in the select areas of real estate, land use and environmental law. The firm is committed to working collaboratively with clients to achieve practical, cost effective results- whether it be in complex litigation, transactions, cleanups and/or development projects. The firm provides transactional and litigation counsel to a broad spectrum of clients including private and public corporations, trade associations, nonprofit institutions, banks, real estate investment trusts and individuals in New Jersey, New York and Pennsylvania.

Contact Information

The Law Office of Christopher D. Hopkins, LLC
1812 Front Street
Scotch Plains, NJ 07076
TEL: 908.322.6121
FAX: 908.322.5701
Email: chris@chopkinslaw.com

Website http://www.chopkinslaw.com

Governor Christie’s Plan to Abolish the Council on Affordable Housing Overturned By Appellate Court

An appellate court Thursday March 8, 2012 overturned Governor Christie’s executive order of June to abolish the Council on Affordable Housing (COAH) and fold its functions into the state Department of Community Affairs. That plan would have given municipalities and the governor more control over determining the number of affordable-housing units required for development projects. The Governor argued that it would save money, reduce regulations, and simplify the administration of affordable housing. The Fair Share Housing Center sued, alleging the governor did not have the power to eliminate an independent agency under the under the Reorganization Act. The organization argued that with COAH under the control of DCA - which is led by a commissioner appointed by the governor - transparency would be eliminated and public hearings would be replaced by behind-closed-doors decisions where the Commissioner could unilaterally waive affordable-housing obligations. The court ruled that Governor Christie did exceed his authority under the Reorganization Act when he abolished COAH and that only the Legislature do that. The ruling held that the Governor could not abolish any agency that was created by the Legislature and is an independent authority, even if it technically sits within the executive branch. Governor Christie’s administration has confirmed that he remains committed to aboloshing COAH and the Governor has appeal the ruling to the state Supreme Court. One thing is certain. The legal battle over COAH’s fate guarantees continued uncertainty around the affordable-housing obligations of developers. The Law Office of Christopher D. Hopkins, LLC. has substantial experience in calculating and negotiating the affordable housing obligations of various development projects. Please feel free to contact us to discuss your issues. About The Law Office of Christopher D. Hopkins, LLC The Law Office of Christopher D. Hopkins, LLC is a boutique law firm located in Scotch Plains, New Jersey committed to providing the highest quality of legal services in the select areas of real estate,land use and environmental law. The firm is committed to working collaboratively with clients to achieve practical, cost effective results- whether it be in complex litigation, transactions, cleanups and/or development projects. The firm provides transactional and litigation counsel to a broad spectrum of clients including private and public corporations, trade associations, nonprofit institutions, banks, real estate investment trusts and individuals in New Jersey, New York and Pennsylvania. Contact Information The Law Office of Christopher D. Hopkins, LLC 1812 Front Street Scotch Plains, NJ 07076 TEL: 908.322.6121 FAX: 908.322.5701 Email: chris@chopkinslaw.com Website http://www.chopkinslaw.com

New Jersey Issues Final Energy Master Plan

After significant delays, New Jersey finally released the State’s 2011 Energy Master Plan. As expected, the plan provides a significant commitment to solar power, but also addresses this year’s dramatic drop in SREC prices. The plan didn’t over incentivize the solar industry, and expands on the energy conservation incentives for existing buildings which is important given that little new construction is scheduled in the state. The plan also marks the State’s continuing commitment to nuclear power.

The solar portion of the plan includes a temporary acceleration of the Renewable Portfolio Standard (RPS), the amount of energy from renewable sources that must be applied to New Jersey customers, allowing time for the industry to adjust to new lower prices. The overall goal of achieving 22.5% from renewable energy sources by 2021 will stay the same, but the goal of the new RPS requirement is to help alleviate the oversupply of SRECs, which in turn will stabilize the market and hopefully create demand for more projects. The plan also calls for reducing the Solar Alternative Compliance Payment (SACP) to minimize the impact on ratepayers.

Other items in the plan include: amending the Solar Advancement Act to change the RPS for solar energy from a fixed amount to a percentage of total energy consumed to promote the development of renewable resources; limiting SREC eligibility to projects that offer a "dual benefit" of reducing costs and providing revenue for job creation and tax reduction; and supporting an extension of the long-term contracting programs offered by electric distribution companies.

The plan also calls for promoting energy conservation, including: improving the energy efficiency of state-owned and operated buildings; incorporating higher energy efficiency requirements within the state building code; expanding education; implementing programs including revolving loans for energy efficiency; and monitoring other incentives.

The Law Office of Christopher D. Hopkins, LLC. can assist clients with these energy / renewable energy issues.  Please see contact information below. 

About The Law Office of Christopher D. Hopkins, LLC

The Law Office of Christopher D. Hopkins, LLC is a boutique law firm located in Scotch Plains, New Jersey committed to providing the highest quality of legal services in the select areas of real estate,land use and environmental law. The firm is committed to working collaboratively with clients to achieve practical, cost effective results- whether it be in complex litigation, transactions, cleanups and/or development projects. The firm provides transactional and litigation counsel to a broad spectrum of clients including private and public corporations, trade associations, nonprofit institutions, banks, real estate investment trusts and individuals in New Jersey, New York and Pennsylvania.

Contact Information

The Law Office of Christopher D. Hopkins, LLC
1812 Front Street
Scotch Plains, NJ 07076
TEL: 908.322.6121
FAX: 908.322.5701
Email: chris@chopkinslaw.com

Website http://www.chopkinslaw.com

NJDEP ISSUING REMEDIAL PRIORITY SCORES FOR CONTAMINATED SITES

Very shortly, the New Jersey Department of Environmental Protection (NJDEP) will be issuing letters to responsible parties containing a draft Remedial Priority Score (RPS) for their particular site. It is unclear how the rankings will be used, but the RPS system has been described as a tool to sort sites out for further discussion. The Site Remediation Reform Act (SRRA), N.J.S.A. 58:10C-1 et seq. requires NJDEP to establish a ranking system for active remediation sites based on risk to public health, safety and the environment, the length of time the site has been undergoing cleanup, economic impact, and other relevant factors. Thus, the RPS system was designed to utilize the modeling assumptions from a number of existing databases on the 12,000 known contaminated sites in New Jersey. Responsible parties will have sixty (60) days to challenge the ranking by submitting new information or an explanation of why the proposed ranking is inaccurate or fails to account for certain data.

While it is not clear what use NJDEP will make of these rankings, the rankings may potentially be used in analyzing toxic torts, environmental cost recovery cases and property transfers.  The Law Office of Christopher D. Hopkins, LLC is a boutique law firm focused on returning contaminated properties, or "Brownfields," to beneficial use. For more information regarding laws and regulations pertaining to site remediation please contact Christopher D. Hopkins, Esq. at (908) 322-6121 or at chris@chopkinslaw.com .

About The Law Office of Christopher D. Hopkins, LLC

The Law Office of Christopher D. Hopkins, LLC is a boutique law firm located in Scotch Plains, New Jersey committed to providing the highest quality of legal services in the select areas of real estate, land use and environmental law. The firm is committed to working collaboratively with clients to achieve practical, cost effective results- whether it be in complex litigation, transactions, cleanups and/or development projects. The firm provides transactional and litigation counsel to a broad spectrum of clients including private and public corporations, trade associations, nonprofit institutions, banks, real estate investment trusts and individuals in New Jersey, New York and Pennsylvania.

Contact Information
The Law Office of Christopher D. Hopkins, LLC
1812 Front Street
Scotch Plains, NJ 07076
TEL: 908.322.6121
FAX: 908.322.5701
Email: chris@chopkinslaw.com

Website http://www.chopkinslaw.com