NJDEP LSRP Program

Important Facts of the NJDEP LSRP Program

  1. A Site Remediation Professional Licensing Board was formed to issue licenses to qualified individuals (LSRPs). The board also has a review of the code of ethics each LSRP must follow. LSRPs who neglect their responsibilities or behave in a manner not in compliance with the code are subject to penalties and the suspension or revocation of their LSRP's license.

  2. Responsible parties are obligated to conduct the necessary remediation when a discharge is present as detailed in the Spill Compensation and Control Act.

  3. Set time frames are established regarding completing each phase of a project, including investigation and remediation. These timelines help ensure that sites get completed on a fast track. You can reference the document at Administrative Requirements for the Remediation of Contaminated Sites(ARRCS) at N.J.A.C. 7:26C-3.3.

  4. Sites no longer receive a No Further Action (NFA), but rather a Response Action Outcome (RAO), which is issued by the LSRP without NJDEP involvement. This LSRP control of the closure of a site is another fast-track measure of the program. A key point of an RAO is that the NJDEP has a three (3) year review period where they can review the case that has received an RAO and ask for amendments to the site, further testing, further remediation, and for the RAO to be rescinded.   This is a hang nail of the program, as many sites enter the program via a real state transaction such as an ISRA triggering event or a Phase I, II, or III environmental assessment performed during a property sale. These real estate transactions can engulf a site in the program.

  5. In certain situations, the program can allow the NJDEP to take direct oversight control of a site, thus guiding the remediation and requiring the responsible party to establish a Remediation Trust Fund to pay for work.

  6. Requires the Department to establish presumptive remedies for residential development, schools and childcare facilities to ensure that the remedy implemented at the site is protective of human health and safety and of the environment. 

Good to know:

  • The program does not apply to a variety of required remediations, including the remediation about unregulated heating oil tanks, NJDEP publicly funded cases, and landfill cases that have NJDEP oversight.

  • You close out a site with an RAO, but it is subject to audit by the NJDEP for 3 years post-issuance.  This means the RAO may have to be amended or withdrawn if the NJDEP deems fit.  This is a very big issue with the program as many sites that undergo remediation under the LSRP program do so with plans to sell the property.

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NJDEP LSRP Program