The New Site Remediation Reform Act: Questions & Answers

September 18th, 2009 | Posted by: Christopher DeGrezia 0| comments:

Remediation Reform Act 1The investigation and clean up of contaminated sites in New Jersey will never be the same.  Gov. Jon S. Corzine’s May 7, 2009, adoption of the Site Remediation Reform Act (SRRA) started a new chapter in the state’s environmental regulatory history.   Under SRRA, the New Jersey Department of Environmental Protection (NJDEP) takes on a significantly reduced level of direct oversight with respect to the vast majority of cleanups.  In such cases, the NJDEP will no longer be issuing No Further Action letters, or (NFAs).  Rather, qualified private consultants will be authorized as Licensed Site Remediation Professionals (LSRPs), and these professionals will conduct and approve the cleanup of the contaminated sites. LSRPs will issue Response Action Outcomes, or (RAOs), to certify completion of the investigation and cleanup of a contaminated site in accordance with state standards.  Each LSRP’s work product and approved RAOs may be subject to an audit by the NJDEP and a newly formed Licensed Site Remediation Professional Board and its NJDEP staff.

Undoubtedly, the current relationship between a client and its environmental consultant, now LSRP, will change as a result of the Act.  Whether you have a new remediation case requiring an LSRP under SRRA from the start or you decide to opt into the program prior to the end of the three-year phase-in period, the selection of an LSRP for your remediation projects will require careful consideration.

To help understand this brave new world of of New Jersey site remediation, Drinker Biddle’s Environmental Practice Group has prepared  an advisory that provides answers to some of the more critical questions under the new act.   I have found this approach very effective and more informative than  those summary articles that provide  just a broad overview of the SRRA.   Over the next  two weeks, I will be posting the materials prepared by Drinker Biddle’s Environmental Practice Group.  The materials will address the following initial questions:

Additional questions will be explored as the LSRP program develops.  

If you need assistance or have any specific questions, feel free to contact: 

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