[vc_row][vc_column][vc_column_text css=””]It is the Department’s policy to pursue the assessment and restoration of injured or altered natural resources, including those injured by any past, present, or future discharge of hazardous substances, contaminants, or other pollutants reported to or otherwise discovered by the Department. Pursuant to Administrative Order No. 2023-08 (AO), which established the Department’s Natural Resource Restoration Policy, the Office of Natural Resource Restoration (ONRR) has developed a collaborative process for the assessment of Natural Resource Damage (NRD) liabilities and restoration.

This process aims to expedite the resolution of NRD liabilities and the restoration of injured resources, promoting a fair compromise. The savings, in both cost and time, of resolving NRD claims through a voluntary settlement approach rather than litigation is recognized by all stakeholders as a worthy and significant public benefit to pursue and the AO seeks to maximize these opportunities to resolve claims voluntarily.

Direct Consultation

Any responsible party interested in engaging in a collaborative process may contact the Office of Natural Resource Restoration at ONRR@deptest.nj.gov to discuss voluntary settlement.   The Department will consider requests to engage in a collaborative process upon receipt of the following information as prescribed in the AO:

1. 1. A written statement of interest in exploring the voluntary resolution of potential NRD liabilities, which shall identify the subject site and describe the circumstances giving rise to potential NRD liability, and certify that the site is not the subject of any unresolved administrative or judicial action by the Department;
   2. A summary of the operational history of the subject site and all relevant information that describes the storage, use, and discharge of any hazardous substances, contaminants, or other pollutants giving rise to potential NRD liability;
   3. A description of the pre-discharge conditions at the site, which shall articulate the basis for the determination of such conditions;
   4. A delineation of the nature, extent, and duration of the subject contamination exceeding pre-discharge conditions, and information pertinent to the assessment of injuries to natural resources, which may be readily available based on activities conducted in accordance with the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, particularly, N.J.A.C. 7:26E-4, or other reasoned analysis, including modeling consistent with accepted means and methods of natural resource injury assessment;
   5. A description of the environmental features and media at and in the immediate vicinity of the site;
   6. A proposal to resolve the responsible party’s primary and compensatory restoration obligations, which shall reflect the responsibility party’s assessment of natural resource injuries in accordance with commonly accepted means and methods of determining NRD liabilities, and include performance-based proposals for specified restoration projects, proposals for monetary resolution(s), or a combination thereof; and,
   7. Where a responsible party proposes a monetary resolution of its NRD liabilities, the responsible party may, but is not required to, suggest candidate restoration projects that the Department may consider funding pursuant to the NRD Constitutional Amendment, the selection or performance of which shall be in the Trustee’s sole discretion.

The State’s natural resource restoration policy is twofold, including a requirement that injured natural resources be returned to the same quality, quantity, function, and value that existed prior to the injury (known as “primary restoration”, a requirement that the people be compensated for the period of time that natural resources remained injured (known as “compensatory restoration”).  These requirements are separate from and in addition to a responsible party’s obligation to investigate and remediate the discharge of hazardous substances, contaminants, or other pollutants.

Primary Restoration

When a natural resource is injured by contamination, the responsible party is obligated to restore the natural resource to its pre-discharge quality, quantity, function, and value.  Depending upon the type of natural resources injured, primary restoration includes, among other things, restoring the impacted resource to its pre-discharge quality, quantity, function, and value, repair of the injured habitat, and replacement of injured resources. Primary restoration is separate and distinct from any obligation to investigate or remediate to risk-based standards in accordance with State and Federal laws and regulations.

Compensatory Restoration

 Compensatory restoration is a separate and additional obligation from the duty to restore the injured natural resource to its pre-discharge quality, quantity, function, and value.   There are various means in which responsible parties may compensate the citizens of New Jersey for the lost interim value of their natural resources caused by a discharge.  The Office of Natural Resource Restoration seeks to have the responsible parties implement a restoration project in lieu of payment of money damages provided that equal payment is made.  For example, if as part of a remedial action, wetlands are impacted, the responsible party may propose to create, enhance or reestablish wetlands/habitat in the appropriate ratios and location in order to compensate for the impacted resource lost in quality, quantity and function of value.  For all natural resource damage claims, the Department’s preference is for performance of restoration work and resource protection in lieu of payment of money (damages), provided that reasonable allowance is made for monitoring and oversight to ensure accountability and effectiveness of restoration.

Compensatory restoration may include acquisition of land for aquifer recharge.  Compensatory restoration may also include resource projects, such as reforestation, removal of impervious surfaces to improve infiltration and water retention, storm water management, non-point source pollution abatement projects, enhanced public access, and information and interpretive projects.  These projects are put into action to compensate the public for a discharge’s impact on natural resources.

Examples include:

1. 1. • WETLANDS and HABITAT: rehabilitation or creation of wetlands / habitat in the appropriate ratios
      • SPECIES: restoration of habitat and monitoring of success / research projects
      • PUBLIC USE: enhanced public access, information and interpretive centers

A collaborative process may not be appropriate in all circumstances.  In all cases, the Department reserves every available right to pursue unilateral assessment, restoration, or legal action where it deems necessary or appropriate, in consultation with the Attorney General (AO 2023-08).[/vc_column_text][/vc_column][/vc_row]