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NJDEP Has Begun Issuing Requests for Information Directly to LSRPs
In previous alerts, we have highlighted the independent duties and obligations imposed upon Licensed Site Environmental Professionals (LSRPs) under the New Jersey Site Remediation Reform Act and LSRP rules, and the resulting issues that parties should consider when retaining an LSRP to oversee a cleanup. We have recently learned that the New Jersey Department of Environmental Protection (NJDEP) has begun issuing Requests for Information (RFIs) directly to LSRPs concerning status of remediation and restoration of certain MTBE contaminated sites overseen by LSRPs, without notifying the parties who retained the LSRPs. The RFIs do not explicitly identify the purpose of the requests, or why NJDEP is seeking information from LSRPs directly instead of examining its own files or requesting information from responsible parties. However, based on the nature of the requests and the fact that the RFI directs parties to address any questions to NJDEP’s special counsel for Natural Resource Damages litigation, it appears that these requests may be used to support future NRD claims. NJDEP’s expanded use of LSRP-directed RFIs raises a number of concerns for the regulated community, and parties should consider developing a strategy to address such RFIs in the event their site is targeted by NJDEP in the future. If you have additional questions about these recent Requests for Information, or about the LSRP program generally, please call 484-430-5700 or contact MGKF’s John Gullace, Nicole Moshang or Jonathan Spergel.
