NJDEP LSRP May 7, 2012 Deadline
January 2012 Update
The NJDEP LSRP program deadline of May 7, 2012 is coming up quickly and the Licensed Site Remediation Program is well into its’ Interim Phase of working into its permanent place as the new form of oversight program for the NJDEP. Curren will utilize this page to periodically provide NJDEP Updates and LSRP findings to keep our clients’ abreast of what is happening and how it could affect you:
At this point and based on our discussions with various NJDEP Case Managers, there appears to be a slim chance to close out existing NJDEP cases under the review of the NJDEP. The stacks of case files pending review at this time appear to be more than the NJDEP can provide responses to by the May 7, 2012 deadline. Therefore, the NJDEP is currently recommending that future submissions be performed under the direction of an LSRP. Existing cases must Opt-In to the Site Remediation Reform Act (“SRRA”) Program and retain an LSRP. All new cases and those cases which initiated remediation or remedial actions after November 3, 2009 need to hire an LSRP immediately.
Therefore, at this time, it appears that almost all future NJDEP submissions, except where the remediating party has not performed timely actions and where the concern poses a significant threat to human health and the environment, must involve an LSRP.
One of the most significant first submissions for existing cases and cased which initiated remediation prior to November 4, 2009, if it has not been completed at this time is the Receptor Evaluation (“RE”). The Initial RE should have been submitted to the NJDEP by March 1, 2011 or one (1) year after the initiation of remediating a site after March 1, 2010.
The Mandatory Timeframe for submission of the Initial RE is March 1, 2012 or two (2) years after the initiation of remediation that occurs after March 1, 2010.