New Jersey's LSRP Program Moving Forward

If you have a site in need of remediation in New Jersey, there are critical deadlines fast approaching. Failure to comply can result in the DEP imposing direct oversight of the cleanup and substantial penalties. Remediation under DEP's Direct Oversight would trigger posting of financial assurance for all remediation, enhanced public participation and DEP selection of remedial action regardless of cost or impact on operations.

When the Site Remediation Reform Act was adopted in May 2009, a three-year phase-in was put in place as direct supervision of remediation was gradually shifted from the Department of Environmental Protection (DEP) to private consultants authorized as Licensed Site Remediation Professionals (LSRPs). The phase-in program is now ending and Mandatory Timeframes are rapidly approaching. All parties involved in sites requiring remediation need to focus on the Mandatory Timeframes and new program requirements.

Mandatory Timeframes adopted by DEP require certain submissions by March 1, 2012 and mandate that most remediation sites be under the supervision of a retained LSRP by May 7, 2012. A detailed summary of the Mandatory Timeframes can be found on the DEP website.

Sills Cummis & Gross Environmental Practice Group Chair Andrew Robins can be contacted for further information.

DEP has also proposed a series of additional mandatory timeframes including time limits for the investigation of contaminated sites and the completion of the remediation of contaminated sites. The proposed new timeframes are expected to adopted this May. Additional information regarding the pending rule proposal can be found in Andrew Robin's article, "A Sea Change in Proposed Site Remediation Rules, But Is the Tide Coming in or Going Out?"  and the proposal can be viewed by clicking here.

Mr. Robins will be featured at upcoming educational programs for: