Curren Environmental Blog

How to choose an LSRP?

Posted by david sulock on Oct 5, 2017 9:05:25 AM

How to Choose an LSRP? aka Hiring an LSRP

After 8 years of LSRP mandated involvement in the state of New Jersey we still are asked, how do I choose an LSRP?

If you are looking to retain an LSRP for an environmental issue, your property is either in the State of New Jersey or Massachusetts. New Jersey implemented the LSRP program to more or less privatize the cleanup of contaminated sites in New Jersey. The LSRP program is telling in the fact that only two states have LSRP programs.

You will need an LSRP is you own are connected (responsible) for a property in New Jersey that has found to contain contamination. Contamination at a site could be from your involvement or historic contamination that may not have ever been known or disclosed to the current owner prior to purchase. We work at a number of properties that require LSRP involvement due to contamination being left behind from a prior owner. The laws are that if you own the site even if you did not cause the contamination you are responsible. This is true for most all sites, it can have exceptions such as where contamination had been previously found under another owner and that owner is listed as the Responsible party (RP) according to the New Jersey Spill Act.

 

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The New Jersey LSRP program started on May 7, 2009, then Governor Jon Corzine signed the Site Remediation Reform Act N.J.S.A. 58:10C – 1 ("SRRA") into law. One of the many provisions of the law establishes a program for the licensing of Licensed Site Remediation Professionals ("LSRPs") environmental professionals that have the experience with environmental impacted sites and who pass a proficiency exam. An LSRP has the responsibility for the oversight of environmental investigations and cleanups of applicable site in New Jersey. There was a phase in period of the program, which ran until May 7, 2012.

Bottom line, as of May 7, 2012, all applicable remediation’s (any commercial or industrial site as a rule) requires LSRP involvement in the state of New Jersey. Even sites that may have been undergoing remediation prior to May 7, 2009, without regard to when remediation was initiated, are required to find and retain a Licensed Site Remediation Professional (LSRP), as per N.J.S.A. 58:10B-1.3b(1) through (9).

An LSRP takes responsibility of navigating responsible parties through the NJDEP’s Site Remediation Program (SRP). In short, if you have contamination, you must determine the source, define the area of contamination, determine media affected by the contamination (soil, groundwater), evaluate for vapor concerns if applicable and then determine a course of action. Addressing contamination may mean physically addressing the contamination (soil excavation, chemical or biological treatment) or by permitting the contamination in place (deed restrictions, Classification Exemption Areas CEA).

Before the LSRP program an RP would receive a No Further Action (NFA), today you receive an RAO or Response Action Outcome (RAO) document that effectively replaces the No Further Action (NFA) letter previously issued by the NJDEP. On sites where an RAO includes the use of institutional or engineering controls, which are meant to be protective of public health, safety, and the environment, an LSRP must remain involved for any required post-RAO monitoring.

For sites where all applicable remediation standards have been met (meaning no institutional or engineering controls are required), then an unrestricted-use RAO is issued as the final remediation document, and the role of the LSRP is completed.

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Hiring an LSRP is similar to engaging other professionals such as accountants or lawyers. As with any professional, you will find some are better than others. You need to look at the broad picture of what you will need with engagement of an LSRP. Meaning, any licensed LSRP will have the experience and background to perform the work as they hold the LSRP license. Outside of just experience you will also be incurring costs for fieldwork, such as drilling, soil and water sampling, excavation, geophysical surveys, air monitoring, the list can be long. These blue-collar services so to speak can dwarf the hourly rates of the professional (LSRP) directing the activities. Boutique firms such as Curren Environmental retain these services in-house to not only ensure the quality of the services, but also the cost. We find our rates to be below those of firms where subcontractors must be sourced and markups added by the environmental consultant. At Curren, we source both consulting and contracting under one umbrella to provide true turnkey services.

To that end, hiring an LSRP can entail lengthy relationship and we respect that no one wakes up in the morning and wants to make a bad decision but it happens.We offer a no cost, no obligation consultation on your project needs.As a matter of course we cannot accept every project that arises as we hold responsibility to steer the project to NJDEP mandated timeframes, we cannot simple hand stamp a project to buy time for an RP, as the fees and fines the NJDEP has established for not meeting mandatory timeframes in conjunction with the LSRP program are burdensome.

Our office is available Monday to Friday 8:00 am to 5:00 pm EST to answer your questions.  Toll Free 866-332-3388

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Tags: LSRP, LSRP Program, LSRP in New Jersey, LSRP in NJ, LSRP costs, LSRP Deadline

What is the NJDEP LSRP Program?

Posted by David C Sulock on Jan 17, 2017 8:52:00 AM

In 2009, the New Jersey Legislature in conjunction with the New Jersey Department of Environmental Protection (NJDEP) enacted the Site Remediation Reform Act, which was designed to expedite and better manage contaminated sites in New Jersey.  In essence, the NJDEP privatized the management and environmental cleanup of commercial contaminated properties in New Jersey.    Previously the NJDEP would take a more active or inactive role in the management of these sites depending on how you defined managed.  The new regulations require owners of contaminated sites (responsible party) to retain a LSRP (licensed site remediation professional) to direct said owner in following the applicable NJDEP regulations.  There are steep fines for owners that do not follow these regulations and these fines are meant to ensure compliance.  To establish timely compliance, the NJDEP also has timeframe deadlines for when specific tasks must be completed, such as defining the extent of a plume -  both on and off site, if and when applicable.  Additional incentive for property owners to remediate a property relates to annual fees the NJDEP imposes on owners of the contaminated site. The theory being if you are being charged for owning a contaminated site you will be motivated to remediate and thus remove those fees.

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Licensed site remediation professionals" (LSRPs), are private sector professionals authorized to act instead of the NJDEP to evaluate contamination and supervise asd well as approve remediation efforts at industrial/commercial sites. LSRPS’s have education and experience requirements as well as having to pass a proficiency exam and complete on going continuing education relative to environmental regulations.  In short, the LSRPs do what the NJDEP formerly did, and in theory do it more efficiently and expeditiously. At the conclusion of a cleanup, LSRPs issue the site an approval called a "response action outcome" (RAO).  RAO’s, say that the site is in compliance with environmental regulations.  RAO's, replaces what the NJDEP historically had provided for sites, which was an NFA or "No Further Action".  NFA’s while still provided for residential sites, were formerly issued by the NJDEP under the prior system on commercial sites. Commercial sites no longer receive an NFA under these regulations

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The NJDEP still has oversight over LSRP’s, although somewhat limited as the regulations allow the LSRP’s to use professional judgement. The LSRP program has both fans and critics.   There are federal and state environmental regulations in the United States, but of all the states only two have an LSRP program (Massachusetts and New Jersey).   Bottom line, if you have interests in commercial property in New Jersey and that is contaminated, you will be retaining an LSRP.

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Tags: LSRP

Extention to LSRP May 2014 Deadline Signed by Governor

Posted by david sulock on Jan 28, 2014 3:44:00 PM

Governor Christie has signed legislation allowing for a two year extension to the statutory requirement in the Site Remediation Reform Act (SRRA) for the person responsible for conducting the remediation of certain sites to complete the remedial investigation by May 7, 2014.  In order to qualify for this extension, the person responsible for conducting the remediation must submit to the Department by March 7, 2014 a certification acknowledging that the following criteria have been met at the time of the certification:

(1) the person responsible for conducting the remediation has retained a licensed site remediation professional to conduct the remediation of the site; (2) the person responsible for conducting the remediation has met the remediation requirements included in all applicable mandatory remediation timeframes; (3) the person responsible for conducting the remediation has made technically complete submissions in compliance with all regulations for site remediation, as applicable, for the (a) initial receptor evaluation, (b) immediate environmental concern source control report, (c) light non-aqueous phase liquid interim remedial measure report, (d) preliminary assessment report, and (e) site investigation report; (4) the person responsible for conducting the remediation has established a remediation funding source if required by the Brownfield Act (see N.J.A.C. 58:10B-3); (5) if a remediation funding source is not required to be established, then the person responsible for conducting the remediation must establish a remediation trust fund for the estimated cost of the remedial investigation of the entire site; (6) the person responsible for conducting the remediation has paid to the Department all oversight costs known at the time of the certification and for which the person responsible for conducting the remediation has not filed a dispute with the Department; and (7) the person responsible for conducting the remediation has paid to the Department all annual remediation fees and remediation funding source surcharges, as applicable.

The Department strongly recommends that action be initiated promptly to establish a remediation trust fund, if needed, due to the timing to secure this financial instrument and the statutory requirement to submit the extension request by March 7, 2014.

There are also provisions for receiving an extension to the May 7, 2014 deadline if remediation is delayed due to obtaining state funding.

Tags: LSRP, NJDEP LSRP, LSRP Program, New Jersey LSRP, NJ LSRP Program, Finding an LSRP, LSRP in New Jersey, LSRP in NJ, LSRP costs, NJDEP LSRP Program, LSRP Deadline

New Jersey May 7, 2012 Deadline for Hiring an LSRP

Posted by david sulock on Feb 1, 2012 7:11:00 AM

February 22, 2012 LSRP Deadline Update

The NJDEP has been notifying all commercial property owners that are still listed as active contaminated sites, notices of the LSRP deadline.   (Residentail property owner's with underground heating oil tanks are NOT required to enter into the LSRP program.) The NJDEP realizes that MANY of these sites may only have clerical issues that need to be resolved before they can be removed from the contaminated site list and receive an NFA (No Further Action).   The NJDEP is attempting to process as many of these sites as possible before the May 7, 2012 deadline.    Sites that are more involved, i.e., investigative work and remediation is still ongoing, have a far smaller chance of receiving an NFA before May.

 

LSRP Requirements

 

January 2012 Update

Owners of commercial properties in New Jersey that are known to have some level of contamination (i.e., property has an NJDEP case number) have until May 7, 2012 to hire a NJDEP LSRP.  (Residentail property owner's with underground heating oil tanks are NOT required to enter into the LSRP program.) Hiring an LSRP is akin to hiring an accountant or attorney to handle your respective financial and legal issues.   Property owners have been receiving written notices from the NJDEP informing them that they must engage an LSRP to manage their environmental issues.  The NJDEP was allowing a grace period for properties that had existing NJDEP case numbers (New Jersey spill numbers) to avoid entering the LSRP program.  These older NJDEP cases had to have work completed and submitted to to the NJDEP by March of 2012 to allow the NJDEP time to review the reports prior to the May 2012 deadline.  

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.

 

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Tags: LSRP, NJDEP LSRP, LSRP Program, New Jersey LSRP, NJ LSRP Program, Finding an LSRP, LSRP in New Jersey, LSRP in NJ, LSRP costs, NJDEP LSRP Program, LSRP Deadline

What is a New Jersey (NJDEP) LSRP

Posted by Wes Fitchett on Jan 28, 2011 9:38:00 PM

Curren offers Licensed Site Remediation Professional (“LSRP”) Services.  The New Jersey Site Remediation Reform Act (“SRRA”), approved in May 2009, set in place the requirements for environmental professional licensing as Licensed Site Remediation Professional (“LSRPs”).  The program has been modeled after a similar program in Massachusetts initiated in 1993.  It is reported that the NJDEP currently has over 20,000 cases awaiting remedial activity.  The implementation of the LSRP Program would result in a significant increase in the amount of sites restored in a timely manner.

LSRP NJ

The key idea of the New Jersey SRRA Program is so that the NJDEP can focus their resources on the more important sites and to allow the responsible parties to move the remediation process along without extensive NJDEP review and comments.  The LSRP has the educational and experience background to act as the enforcement arm of the NJDEP and is allowed to move remediation projects forward without NJDEP pre-approval.  The LSRP ensures that sites are investigated and remediated in accordance with the NJDEP Technical Requirements for Site Remediation.

The LSRPs  will issue Response Action Outcomes “RAOs” for sites where the remediation has been completed.  The RAOs take the place of the currently issues No Further Action Letters.

LSRPs are overseen by a board of 13 members and approximately 10% of LSRP cases which are closed with an RAO will be reviewed or audited for compliance to the Technical Requirements and to confirm that the site remediation approach is protective of human health and the environment. The NJDEP will still act as the final approval authority through the auditing process.

The LSRP is charged with the responsibility of reporting any issue deemed an Immediate Environmental Concern (“IEC”) on any site the LSRP is involved with including due diligence assessments.

Responsible parties, under the SRRA program, remain responsible for regulatory compliance issues and are held to mandatory time frames.  If a Responsible Party misses a deadline, they may be forced into the “Direct Oversight Program” where the NJDEP becomes the primary oversight on the case.  This also opens up the Responsible Party to possible enforcement actions.  Other issues which will require NJDEP Direct Oversight would include chromate contaminated wastes, environmentally-sensitive areas where natural resource damages have occurred, some contaminated sediment sites and sites which have been ranked as a priority based on exposure of human health and the environment.

 

May 7, 2012 NJDEP LSRP Deadline

The NJDEP LSRP program requires that all responsible parties (RP) of commercial property are required to hire a licensed site remediation professional (LSRP) by May 7, 2012, and to then proceed with the remediation or investigation without Department pre-approval.  To opt-in the responsible party must complete the LSRP Notification of Retention or Dismissal Form.  The form is signed by both the LSRP and the RP, Submission of this certification results in automatic Department approval.  No other NJDEP approvals are required.

Tags: LSRP, NJDEP LSRP, LSRP Program, New Jersey LSRP, NJ LSRP Program