New Jersey LSRP Program Gets Underway; NJDEP Issues Extensive Site Remediation Reform Regulations

November 12, 2009
by BRUCE KATCHER
MGKF Special Alert

With the potential for more efficient processing of site remediation cases in New Jersey, "interim" regulations implementing the Licensed Site Remediation Professional (LSRP) Program established under the Site Remediation Reform Act (SRRA) went into effect on November 4, 2009. At that time, NJDEP issued an extensive regulatory package addressing how the LSRP program will work and providing for new annual case fees, permits and fees for engineering and institutional controls, mandatory and regulatory timeframes for completing various stages of a remediation, modifications to the agency's technical regulations and more.

Most importantly, with limited exceptions, any party initiating a site remediation on or after November 4 must hire an LSRP to oversee the case and NJDEP will no longer provide full departmental oversight of and issue no further action letters for those cases. A new limited class of "direct oversight cases" remains subject to full NJDEP oversight with new and more stringent requirements. Pre-existing cases may continue under the old NJDEP oversight regime without an LSRP until May 7, 2012, although the new regulations allow those cases to "opt-in" to the LSRP program, with NJDEP approval. The decision as to whether to opt-in to the new LSRP program could have significant consequences.

Click on the following links to view a summary of the principal features of the new regulations, including, the new Administrative Requirements for the Remediation of Contaminated Sites that implement the LSRP program and address other critical procedural issues integral to the many other SRRA reforms, extensive changes to the NJDEP's Technical Requirements for Site Remediation, and modifications to the regulations under the Industrial Site Recovery Act, and the regulated underground storage tank program. These interim regulations will apply until final regulations are issued which must be done within the next eighteen months. NJDEP is also issuing many new and revised guidance documents that will apply to investigatory and cleanup activities and forms that must accompany all submissions, whether by an LSRP or a non-LSRP.

Further details concerning the various reforms enacted under SRRA can be found in our March 18 and May 12 Special Alerts and by contacting Bruce Katcher at 484-430-2320 (bkatcher@mgkflaw.com), Jonathan Spergel at 484-430-2309 (jspergel@mgkflaw.com), Mike Gross at 484-430-2321 (mgross@mgkflaw.com) or Christopher Ball at 484-430-2358 (cball@mgkflaw.com) for legal issues and Darryl Borrelli at 484-430-2302 (dborrelli@mgkflaw.com) for technical issues.