Guide to Obtaining Off-site Access

Introduction

The purpose of this webpage is to assist the person responsible for conducting the remediation in obtaining access to off-site locations for the purpose of conducting remediation, when contamination has potentially impacted off-site locations.

The Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-16, [pdf] requires the person conducting the remediation to gain access to real or personal property that is not owned by that person for the purpose of conducting remediation:

58:10B-16. Access to property to conduct remediation
a. (1) Any person who undertakes the remediation of suspected or actual contamination and who requires access to conduct such remediation on real or personal property that is not owned by that person, may enter upon the property to conduct the necessary remediation if there is an agreement, in writing, between the person conducting the remediation and the owner of the property authorizing the entry onto the property. If, after good faith efforts, the person undertaking the remediation and the property owner fail to reach an agreement concerning access to the property, the person undertaking the remediation shall seek an order from the Superior Court directing the property owner to grant reasonable access to the property and the court may proceed in the action in a summary manner.

The Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C-8, [pdf] establishes the minimum requirements for the person responsible for conducting the remediation of real property not owned by that person, to obtain access to that property:

SUBCHAPTER 8. SITE ACCESS
7:26C-8.1 Scope
This sub-chapter identifies the minimum requirements for the person responsible for conducting the remediation of real property not owned by that person, to obtain access to that property.

Tools for obtaining off-site access

Potable Well Sampling

The New Jersey Department of Environmental Protection (Department) has developed template access letters and a Potable Well Information Form that the person responsible for conducting the remediation can use to request access to properties to conduct potable well sampling. The Department has also created template result letters that may be used to notify property owners of the potable well sampling results.

Both sets of letters and the form are available on the Immediate Environmental Concern Guidance Page.

Vapor Intrusion Sampling

The Department has made recommendations for persons responsible for remediating contaminated sites and their environmental contractors to consider when conducting community outreach that are outlined in the Community Outreach For Vapor Intrusion Sites Guidance [pdf].

NDJEP has also developed template access letters as well as template result letters that the person responsible for conducting the remediation may use, available on the Vapor Intrusion Guidance Page.

The following fact sheets can be attached to the template letters, to provide more information to the property owner:

Both sets of letters, the Community Outreach For Vapor Intrusion Sites Guidance, and the fact sheets can also be accessed through the Vapor Intrusion Guidance Web Page.

Delineation

The Department is developing template access letters for persons responsible for conducting remediation to use when obtaining access to nearby properties to collect soil or ground water samples, for the purposes of delineating contamination.

Understanding Off-Site Access

A webpage specifically geared to the public, Providing access to your property, is also available. This webpage provides information to property owners and tenants who have been asked for access to their property as part of an environmental investigation. A link to the Providing access to your property webpage has been included in the Department’s template access letters.

The Department recommends that you encourage property owners and tenants to visit this webpage to better understand why they have been asked to allow access to their property.

Other Recommendations

  • After sending the introductory letter, it is recommended that either the person responsible for conducting the remediation or their Licensed Site Remediation Professional (LSRP) call the property owner to discuss access issues and answer any questions. Offer to meet the building owner/occupants to discuss the investigation.
  • If contact information for the property owner is limited, the person responsible for conducting the remediation or their LSRP may choose to visit the owner/occupant to discuss the investigation.
  • Seek assistance from the local health official.
  • If there are questions regarding the LSRP program, use the Overview of the Licensed Site Remediation Professional (LSRP) Program [pdf] to help explain site remediation requirements in the State of New Jersey to the owner/occupant.
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