Description:
Tony Russo, President/CEO of CIANJ and President of Commerce Magazine, sat down with Phil Brilliant to discuss what to expect in 2025 with NJDEP, Legislation and the Governor’s Race. Great session.
Speaker:
Anthony Russo, President of CIANJ
Moderator:
Phil Brilliant, CHMM, LSRP, Founder of Brilliant Environmental Services, LLC.
Navigating the Shifting Landscape of Environmental Regulation in New Jersey: Insights from CIANJ President Tony Russo
Continuing Professional Education Services (CPES) recently hosted a Hot Topic session featuring Tony Russo, President of the Commerce and Industry Association of New Jersey (CIANJ) and Publisher of Commerce Magazine. Moderated by Phil Brilliant and joined by CPES Chairman Dr. George Burkowitz and Executive Director Julianne Misago, the session covered a wide range of pressing environmental and business issues currently facing New Jersey.
The Evolution and Impact of A901 Rules
One of the central topics of discussion was the controversial A901 soil licensing rules. Initially introduced in the 1980s to combat organized crime in the solid waste sector, A901 was expanded through the Dirty Dirt Law in 2019 to include soil-related businesses following issues post-Hurricane Sandy. The new rules, however, have raised significant concerns. Russo explained that the recent proposals are overly broad, impacting landscapers, environmental consultants, developers, and even homeowners.
Key issues include:
- Definition Confusion: Terms like “broker” and “consultant” are defined so broadly that many professionals could be unintentionally included.
- Low Thresholds: Transporting more than 15 cubic yards or storing more than 100 cubic yards of soil could trigger licensing requirements.
- Liability Risks: Annual self-certifications create legal gray areas regarding what constitutes unrestricted soil.
- Intrusive Vetting: The licensing process is highly invasive, including a 10-year lookback involving the State Police and Attorney General.
A legislative fix is in the works, spearheaded by Senator Bob Smith with support from the Department of Environmental Protection (DEP). Russo remains cautiously optimistic that changes can be codified into law before the rules are finalized, ideally raising the minimum soil thresholds and refining definitions to align with the original legislative intent.
Groundwater Standards and Site Remediation Challenges
New Jersey recently adopted updated groundwater quality standards, impacting 64 out of 73 regulated compounds. These changes also immediately affect site remediation standards. The August 3 deadline for compliance is pressing, requiring environmental professionals to reassess historical data and ongoing projects.
Remediation professionals face challenges including:
- Regulatory uncertainty delaying project timelines.
- Revisiting long-closed sites due to new standards.
- Short phase-in periods complicating compliance.
SAR 2.0 Rules: A Chilling Effect on Due Diligence
Another major concern is the proposed Site Remediation Reform Act (SAR) 2.0 rules. These include a provision requiring any party with knowledge of contamination—not just responsible parties or LSRPs—to report it. Russo warned this could drastically alter due diligence processes, create new liabilities, and deter redevelopment.
Budget Constraints and Staffing at DEP
Budget proposals have revealed a surprising decrease in DEP’s direct state funding, despite overall increases in the state budget. With a federal funding pullback looming and a hiring freeze in place, there are worries about DEP’s capacity to enforce or administer new regulations effectively.
The Real Rules and Coastal Development
The Resilient Environment and Landscape (REAL) rules aim to enhance floodplain and coastal development standards. While intended to build resilience, Russo noted bipartisan concerns that these rules may impose excessive limitations on redevelopment in areas from the Jersey Shore to urban regions like Jersey City and Hoboken.
PFAS Monitoring and Federal Impacts
Russo emphasized the importance of monitoring emerging PFAS regulations from both EPA and DEP. These compounds remain a hot topic, with evolving federal standards and potential funding cuts complicating compliance efforts.
Political Landscape and Gubernatorial Race
With New Jersey’s entire Assembly up for election and a gubernatorial race heating up, Russo highlighted how the outcome could significantly shape environmental policy. He noted the introduction of ballot changes, such as the elimination of party lines, could create voter confusion. The business community is urged to evaluate candidates through an economic lens and participate actively in the democratic process.
Industry Engagement and Upcoming Events
Russo promoted ongoing advocacy efforts, including a June 18 event on revitalizing vacant properties, featuring a panel with Senator Smith and DEP representatives. He also invited professionals to CIANJ’s May 7 lunch with EPA Regional Administrator Lisa Garcia, which will address federal funding and Superfund site concerns.
Take the Next Step: Stay Compliant, Informed, and Prepared
With regulatory changes rapidly unfolding in New Jersey—from soil licensing and PFAS standards to site remediation rules and evolving groundwater quality thresholds—it’s essential for professionals to remain current and compliant.
Continuing Professional Education Services (CPES) offers expert-led courses designed specifically for New Jersey professionals. Our curriculum reflects the latest industry standards, state laws, and regulatory guidance, helping licensed site remediation professionals (LSRPs), attorneys, engineers, geologists, planners, and others earn required continuing education credits while staying ahead of compliance challenges.
If you have questions about specific course offerings or want to suggest a training topic, contact us directly—we value your input and are here to support your success.