■ Environmental Update
Continued From Page 18
ers questioning whether remediation activities
must stop under EO 122.
Section 2 of EO 122 defines “Essential” con-
struction projects to include “any project that
is ordered or contracted for by federal, state,
county, or municipal government; or any proj-
ect that must be completed to meet a deadline
established by the federal government; or any
work on a non-essential construction project
that is required to ... remediate a site ...”
Based on these two paragraphs, construction
related to site remediation projects are allowed
to continue under EO 122.
Notwithstanding any of the above, all reme-
dial activities must be conducted in accordance
with the social distancing directives set forth
in EO 107 and EO 122. For further informa-
tion on EO 107 see the March 26, 2020 listserv
“COVID-19 Update.”
The NJDEP acknowledges that essential
on-site staffing determinations will differ
for each circumstance. In adapting opera-
tions during this time, every organization
must consider arrangements that further the
social distancing requirements and objec-
tives of EO 122.
This could include staggering on-site construc-
tion activities as well as determining which con-
struction must be accomplished immediately and
which can be postponed to a later date. All efforts
should be made to minimize site activities and to
protect staff, contractors and the general public.
During this Public Health Emergency and
State of Emergency, the person responsible for
conducting the remediation and the environ-
mental professional (such as a retained LSRP or
certified subsurface evaluator) should document
all activities conducted during the remediation.
It is essential that any variation from rule
or deviation from guidance is described and a
thorough explanation provided, including sci-
entific and technical rationale, that details how
the remediation remains protective of public
health and safety of the environment.
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