NJDEP SRRA & LSRP Program Updates

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NJDEP SRRA & LSRP Program Updates

Submitting Forms with Key Documents

As part of the transition from traditional oversight to the Licensed Site Remediation Professional (LSRP) program, the New Jersey Department of Environmental Protection (NJDEP) created forms to assist with the inspection and review process, maintaining key data, and monitoring compliance with the applicable statutes and rules. When key documents are submitted all forms should be unbound and attached to the top of the key document and not embedded within the key document being submitted. Following this procedure will significantly reduce the risk a form is not identified, regulatory and mandatory time frames are not missed, and ultimately prevent additional actions by all parties regarding a form submission.


Mandatory Remediation Time Frames Rapidly Approaching – March 1, 2012

The Site Remediation Reform Act (SRRA), NJSA 58:10C-1, et seq., required the NJDEP to establish mandatory remediation time frames for the following four milestones, as codified in the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) rules at NJAC 7:26C-3.3(a):

  1. Submittal of initial receptor evaluation report.
  2. Submittal of a site investigation report for a regulated underground storage tank (UST) remediation or submittal of a preliminary assessment and site investigation report for a remediation involving an industrial establishment subject to Industrial Site Recovery Act (ISRA).
  3. Initiation of contaminant source control and submittal of an Immediate Environmental Concern (IEC) Contaminant Source Control Report for sites where an IEC was reported.
  4. Completion of the installation of a light non-aqueous phase liquid (LNAPL) interim remedial measure, initiation of operational monitoring, and submittal of an LNAPL Free Product Interim Remedial Measures report for sites at which the presence of LNAPL was reported.

For persons responsible for conducting the remediation that initiated remediation or identified LNAPL or an IEC condition on or before March 1, 2010, mandatory time frames for completion of each of the four milestones listed above, as applicable is March 1, 2012.

For persons responsible for conducting the remediation that initiated remediation or identified LNAPL or an IEC condition after March 1, 2010, mandatory time frames are determined as follows:

  1. The mandatory remediation time frame for an initial receptor evaluation is within two years from when the earliest of any of the events listed at NJAC 7:26C-2.2(b) of the ARRCS occurs.
  2. The mandatory remediation time frame to submit a site investigation for a regulated UST remediation or a preliminary assessment and site investigation for a remediation involving an industrial establishment subject to ISRA is two years from when the earliest of any of the events listed at NJAC 7:26C-2.2(b) occurs.
  3. The mandatory time frame to initiate contaminant source control and submit an IEC Contaminant Source Control Report for a remediation with a reported IEC condition is two years from the date the person was required to report the IEC condition to the NJDEP.
  4. The mandatory time frame to complete the installation of a LNAPL interim remedial measure, initiate operational monitoring and submit an LNAPL Free Product Interim Remedial Measures report is two years from the date the person identified the presence of LNAPL free product.

Where necessary, the NJDEP recommends persons responsible conducting remediation speak with a LSRP to clarify these obligations.

The consequence of missing a mandatory time frame is set forth in the ARRCS rules at NJAC 7:26C-3.3(c). The ARRCS rules at N.J.A.C. 7:26C-3.3(c) state that when the NJDEP determines that a person responsible for conducting the remediation has failed to meet a mandatory remediation time frame, the person responsible for conducting the remediation shall become subject to direct oversight of the NJDEP pursuant to the SRRA, NJSA 58:10C-27, for the site, area of concern, or condition to which the mandatory remediation time frame applies.

An extension of a mandatory time frame may be requested under limited, specific circumstances set forth in the ARRCS rules at NJAC 7:26C-3.5(d). An application for a mandatory time frame extension must be submitted no later than 60 days prior to the end date of the applicable mandatory remediation time frame. Any extension request for any mandatory remediation time frame of March 1, 2012 must be submitted to the NJDEP prior to January 1, 2012.

Procedures for requesting an extension of a mandatory remediation time frame are set forth in the ARRCS rules at NJAC 7:26C-3.5. These procedures include but are not limited to providing a written rationale for the request in a completed form found here on the NJDEP website and submittal of the form to the NJDEP at the address noted on the form no later than 60 days prior to the end date of the applicable mandatory remediation time frame.


Updated Versions of SRP Rules Posted to Web

The November 2009 specially adopted Interim Rules were readopted with amendments on October 3, 2011.  The amended rules include the UST rules, ISRA, ARRCS rules, Remediation Standards rules, and the Technical Requirements for Site Remediation (Technical Requirements) rules. This readoption of the Interim Rules represents the second of three steps towards implementing the SRRA and the LSRP program.

Updated versions of these rules are available here. The amendments were all relatively minor, primarily involving form names.

The third and last step in the implementation process is the adoption of the final rules, which were proposed on August 15, 2011 and are scheduled to be adopted on May 2012.

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