How Will Proposed NJDEP Legislative Changes to the Site Remediation Program Affect NJ Cleanups?

December 19, 2008
Jonathan Spergel
Mid Atlantic Real Estate Journal

On November 13, 2008, representatives of NJDEP testified to the New Jersey Senate Environment Committee on its proposed legislation to revamp NJDEP's Site Remediation Program. Of most significance, the proposed legislation would partially privatize a significant portion of NJDEP's Site Remediation Program through the creation of a License Site Professional (LSP) program. The bill would require most cleanups in New Jersey to be performed under the oversight of an LSP, who would be a private environment professional licensed by NJDEP, but retained by the party performing the site remediation. Under the legislation, LSPs would be subject to a strict code of conduct, with significant penalty provisions up to $50,000 per violation. The proposed LSP program, which is largely based on the successful Massachusetts LSP program, is primarily being driven by NJDEP's desire to reduce the Site Remediation Program's sizeable case backlog, and allow for the speedier completion of site remediation in New Jersey.

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