Due to COVID-19 and to alleviate exposure of the pandemic, Gov. Phil Murphy announced that “all non-essential construction projects cease,” as of April 10,2020. It is adamant that every institution conducting projects should reassess Executive Order 122 and more COVID-19 executive orders thoroughly. (https://nj.gov./infobank/eo/065murphy/approved/eo_archive.html)
However, EO 122, does state that “Essential projects to include: any projects that were ordered or contracted by the Federal, State, county or municipal government, or any project that must be completed to meet a deadline established by the Federal government, or any work on a non-essential project that is required to remediate a site.” (https://nj.gov/infobank/eo/056murphy/pdf/EO-122.pdf)
Development and construction associated with site remediation and restoration projects are granted to progress under EO 122.
All activities must be operated in conformance with the social distancing mandated on March 26,2020 in EO 107 and EO 122. The Department of Environmental Protection recognizes that essential staffing decisions will alter for every factor. It is very imperative that all companies deal with preparations that go beyond the “social distancing requirements” and purpose of EO 122.
This may consist of halting on-site development or deciding which projects should get completed promptly and those that could be delayed. Decisions are to be made to reduce location conditions and to assure the safety of the public, crew and contractors.
Although, remediation and restoration projects can continue the Governor has issued Executive Order 103 allowing for some 90 day extensions if there is an upcoming deadline. Particularly, project durations recognized in the Administrative Requirements for the Remediation of Contaminated Sites Rules (N.J.A.C. 7:26C) and the Technical Requirements for Site Remediation (N.J.A.C. 7:26E), in addition to, durations described in an administrative consent order. (https://www.nj.gov/dep/covid19regulatorycompliance/docs/srp-remedial-timeframes20200424.pdf)
The individual or individuals who are managing and accountable for the project, must record activities operated amidst the restoration. Documentation must include all changes or variances from the order, is to be outlined and explained. This consists of “scientific and technical rationale,” that explains how the restoration continues to be “protective of public health and safety and of the environment.”