NJ DEP Brownfield Remediation: A Practical N.J.A.C. 7:26B Checklist

The six-step remediation workflow

1. Remediation Agreement / Memorandum of Agreement. Establish the framework with NJ DEP. For ISRA-triggered sites, a Remediation Agreement (RA) or Memorandum of Agreement (MOA) sets scope and responsibilities. Track: agreement type, execution date, responsible parties.
2. Remedial Investigation (RI). Define the nature and extent of contamination. Deliverable: Remedial Investigation Report. The remediation schedule in your agreement binds the submission date; missing it without a formal amendment is a common violation.
3. Remedial Action Workplan (RAW). Submit the proposed cleanup approach for NJ DEP review and approval. Track: submission date, DEP comments, approval date.
4. Public Notice & Community Outreach. N.J.A.C. 7:26B requires public notice at specific milestones (for example, RAW availability). Track: notice dates, comment period, responses.
5. Remedial Action Implementation. Execute the approved work. Track: progress, percent complete, deviations, change orders.
6. Response Action Outcome (RAO). The final outcome letter certifying cleanup met applicable standards. This closes the site — with a Deed Notice or Engineering Control for restricted cleanups.

Key deadlines to track

• RI report submission per the agreement schedule
• RAW submission within the statutory timeframe after RI
• Public notice windows before RAW approval
• RAO issuance after remedial action completion
• Biennial certification of engineering controls (caps, institutional controls)

Common pitfalls

• Missing remediation schedule milestones without a formal extension request.
• Inadequate documentation of public notice.
• Filing the RAO in the wrong format or missing required attachments.
• Neglecting biennial certifications for engineering controls after the RAO.

How BrownfieldFlow helps

Configurable compliance items per milestone with due dates and recurring reminders, automatic alerts three days before each deadline, calendar sync so the schedule lives in your calendar, and audit-ready PDF reports — all built around the workflow above.