The New Jersey Site Remediation Reform Act (SRRA), established in 2009, significantly changed the process of the remediation of contaminated properties in New Jersey. The SRRA not only created the affirmative obligation for responsible parties to remediate contaminated sites under specific time frames, but also created the Licensed Site Remediation Professional (LSRP) program. LSRPs are specially qualified remediation professionals that are licensed in New Jersey to oversee remediation of contaminated sites in accordance with NJDEP regulations and standards. The LSRP program privatizes the site remediation process, allowing licensed individuals to complete the remediation oversight tasks that were previously only handled directly by the NJDEP. The LSRP program was intended to speed-up the system by eliminating the need to wait for NJDEP review and approvals before proceeding with various steps of the site remediation process. LSRPs are subject to a strict code of conduct and must ensure that the remediation of sites is conducted in a manner that is protective of public health, safety and the environment.
Since May 7, 2012, regulations have required that new site remediation cases (with very few exceptions) be conducted under the direction of an LSRP. An LSRP that is retained for a site then becomes responsible for the oversight of the environmental investigation and remediation of that site, and the LSRP can write and issue Response Action Outcome (RAO) letters upon the completion of remediation. The RAO letter is the equivalent of the No Further Action (NFA) letters that were previously written and issued by NJDEP. However, NJDEP continues to have a large role in the remediation process by monitoring the LSRP’s actions and tracking the progress and validity of the remediation by requiring the submittal of key report documents and forms.
The rules of the LSRP program, established under the SRRA of 2009, lay out the roles and responsibilities of not only the LSRP and the NDJEP, but also the roles and responsibilities of the responsible parties.
JMC has several highly experienced LSRPs on staff that are uniquely qualified to efficiently guide our clients through the site remediation process. Our LSRPs work closely with clients and their legal counsel in designing protective, cost effective and timely solutions for a variety of sites requiring remediation.