An Update on NJ Executive Order 122
Wednesday, April 22, 2020 08:05 AM
On April 8, 2020, Governor Phil Murphy signed Executive Order, No. 122, requiring that all "non-essential" construction projects cease effective April 10, 2020. Section 2 of EO 122 defined essential construction projects as including, in part, any work on a non-essential construction project that is required to remediate a site. In order to confirm our belief that remediation construction activities performed by LSRPs and their supporting contractors were essential under EO 122, the LSRPA contacted the NJDEP on April 8, requesting confirmation.
In response to our inquiry as well as inquiries from regulated entities and other stakeholders, on April 21, 2020, the NJDEP issued a listserv message that clarified that construction related to site remediation projects are allowed to continue under EO 122. In its listserv message, the NJDEP further reiterated all remedial activities must be conducted in accordance with the social distancing directives set forth in EO 107 and EO 122 while acknowledging that essential on-site staffing determinations will differ for each circumstance.
The NJDEP also noted that while adapting operations during this time, every organization must consider arrangements that further the social distancing requirements and objectives of EO 122, including staggering on-site construction activities as well as determining which construction 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. Links to guidance issued by USEPA were also provided for reference.
The NJDEP listserv is available here.
The LSRPA will continue to post new information and updates as frequently as possible.