Ten Frequently Asked LSRP Questions
- Where did the NJDEP LSRP program come from?
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 sites in the state New Jersey.
You will need an LSRP, as you are connected or responsible for a property in New Jersey that has found to some possible contamination. Contamination at a site could be from your involvement at the property or historic contamination that may not have ever been known or disclosed to the current owner prior to their purchase. Curren has done 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 party. 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.
- What does the LSRP do?
An LSRP takes responsibility of navigating responsible parties through the NJDEP’s Site Remediation Program (SRP). In short, if you have contamination on a commercial site or from a regulated source, 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).
- If my property is subject to ISRA, do I need to hire an LSRP?
ISRA requires the retention of an LSRP.
- I am a commercial site, with motor fuel tanks, do I need an LSRP?
Motor fuel tanks (gasoline, diesel, even waste oil and kerosene) at commercial sites require the retention of an LSRP.
- I had a spill to soils at my place of business, do I need an LSRP?
Commercial spills require the retention of an LSRP.
- I am buying a commercial property in New Jersey and my lawyer said I need a Phase I ESA, do I need an LSRP?
An LSRP is not needed to perform a Phase I ESA.
- I am opening a children's daycare and need a Preliminary Assessment completed, do I need an LSRP?
LSRP’s are needed for Preliminary Assessments (PA’s) relative to daycare facilities.
- I have an NJDEP case number for gasoline tanks removed prior to the LSRP regulation. I am told the site never got an NFA. Do I need an LSRP?
Old cases that had regulated tanks such as gas stations and never received an NFA from the NJDEP need an LSRP. In this case, you should research who the owner was at the site at the time of the discharge, which is referred to as the RP or Responsible Party. Technically, under the NJ Spill Act they are responsible. Consulting an experienced environmental attorney is your first step.
- What do I get when the remediation is complete, besides a smaller bank account?
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.
- How do I hire an LSRP?
Technically, you retain an LSRP, as the LSRP submits a Retention Form to the NJDEP on your behalf. Retaining 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 so any LSRP should be technically qualified.
Outside of just the experience of the LSRP you will have to consider what other cost you will incur. LSRP can be viewed as a base hourly professional (white collar) that will also need to have fieldwork (Blue collar) completed, 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. When the LSRP has to outsource or subcontract these services, you should expect higher charges. We find in-house 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 one we respect. No one wakes up in the morning and wants to make a bad decision but it happens. At Curren, 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 simply 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.
We are happy to discuss your situation and provide direction on what would be the best course(s) of action.