COMMERCE Magazine: COVID-19 has changed protocols, but the work and projects continue across the Garden State
Dennis M. Toft, Chair of CSG's Environmental Group, was featured in a COMMERCE Magazine editorial roundtable asking environmental law and consulting leaders to share how their operations have adapted to COVID-19, as well as success stories in this environment.
In his submission, Dennis notes: "While assisting clients in resolving environmental issues during this pandemic has been challenging, with perseverance it is still possible to achieve good results. Clear communications with regulators are all the more important, as is recognizing that they are also working remotely and dealing with the same challenges as many of us.
"For example, we recently obtained NJDEP approval of insurance policy language that allows parties subject to the requirement to use insurance to post financial assurance for a remediation permit, rather than tying up funds in a cash escrow account. When a remediation is completed using engineering controls, the Site Remediation Reform Act requires the party conducting the remediation to obtain a remediation permit and post financial assurance to secure the operations and maintenance of the engineering control for 30 years. Although the Act allowed for the use of insurance, carriers were reluctant to issue policies that met all of the requirements.
"Working with Ironshore Insurance, Christopher Alviggi of NFP and Advance Realty, we were able to develop policy language that was submitted to NJDEP for review. After a series of communications, this language was ultimately approved. The important takeaway is that NJDEP personnel are continuing to engage with the regulated community in this remote environment. While the process may sometimes take longer, with the proper tools it is still possible to accomplish a client’s regulatory objectives."
To read the full article, please visit COMMERCE Magazine's website.