Don’t Live in the Past: Property Owners Can’t Use Prior Final Remediation Documents To Avoid New Response Action Outcomes

By Andrew B. Robins, Esq.

Previously issued Response Action Outcomes (“RAOs”)  and No Further Action (“NFA”) letters (collectively known as “Final Remediation Documents” or “FRDs”) do not waive the requirement for a new RAO when there is a new triggering event under the Industrial Site Recovery Act (“ISRA”), N.J.S.A. 13:1K-6 to -14.