The 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. » Read the rest of this entry «

On May 7, 2009, Governor Corzine signed into law the Site Remediation Reform Act (“Act”), starting a new chapter in the State’s regulatory history.  The Act fundamentally changes the way that contaminated sites will be cleaned up in New Jersey.  The New Jersey Department of Environmental Protection (“NJDEP”) will have a significantly reduced level of direct oversight over the vast majority of cleanups.  In such cases, the NJDEP will no longer issuing No Further Action letters.   Rather, qualified private consultants will be authorized as Licensed Site Remediation Professionals (“LSRPs”) and these professionals will conduct and approve  the clean up of the contaminated sites.   Undoubtedly, the current relationship between a client and its environmental consultant, now LSRP, will change as a result of the Act.  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 will be subject to an audit by a newly formed Licensed Site Remediation Professional Board and its NJDEP staff.  In most cases, a RAO is subject to audit for a period of three years after its issuance. The new law addresses a wide range of topics that will no doubt raise numerous issues as the implementation unfolds.  Stay tuned – more information to come on this topic.