In accordance with the Site Remediation Reform Act of 2009, all parties remediating sites on or after May 7, 2012 must use the services of a Licensed Site Remediation Professional (LSRP) and must proceed with the cleanup of their site without prior NJDEP approval.
There are only a few exceptions, including one for unregulated heating oil tanks. This means if you have an ongoing remediation case such as an Industrial Site Recovery Act (ISRA), regulated underground storage tank (UST) cleanup, voluntary cleanup under a Memorandum of Agreement (MOA), Administrative Consent Order (ACO) or any other regulatory program and you do not complete your remediation and obtain a no Further Action letter from NJDEP, you are required by regulation to hire an LSRP before May 7, 2012.
In order to hire an LSRP, a retention form must be filed with NJDEP. The retention form and instructions are available at http://www.state.nj.us/dep/srp/srra/forms/. Prior to filing the form, contractual arrangements should be made to engage the LSRP. Therefore, all remediating parties are advised to begin this process now. This is important as NJDEP has established a remediation enforcement initiative to ensure that the remediating parties not meeting this obligation are identified and served with enforcement actions. These enforcement actions may include substantial fines and penalties.
In addition to avoiding the potential for enforcement actions, by engaging the services of an LSRP, your remediation project should proceed without delays caused by lengthy NJDEP reviews. By working closely with your LSRP, you can focus on an approach that ensures “protection of human health and the environment,” while using new guidance and regulations that will no longer require following prescriptive “one size fits all” technical requirements.
Langan has established the premier LSRP team with 12 seasoned LSRPs. Each LSRP knows the “ins and outs” of the program and can ensure your remediation project can leverage opportunities presented by this new regulatory framework. Be sure to contact us today with any questions regarding the LSRP program and the May 7, 2012 deadline.