LSRP Exam, Waiver Rule, and RPS Information

Important Message from NJDEP
March 20, 2012
Staff Spotlight – Nicole Davies
April 16, 2012
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LSRP Exam, Waiver Rule, and RPS Information

Permanent LSRP Licensure Examination Information

Please be advised that the application for the Licensed Site Remediation Professional (LSRP) Licensing Examination is now available on the New Jersey Department of Environmental Protection (NJDEP) website at  You will also find a Candidate Bulletin on the website that will include information on the examination process in detail.

This Candidate Bulletin is also available on the Site Remediation Professional Licensing Board’s website at

Be advised that the application review and approval process is on a first come, first served basis.  Therefore, it is recommended that applicants apply as soon as possible in order to secure their preferred examination date.

All relevant application information is on the website indicated above.

Notice of First LSRP Licensure Examination Date

The first administration of the LSRP Licensure Examination will be held on May 14, 2012.  The Examination will be administered in two locations; West Windsor, NJ and Secaucus, NJ.  The specific locations and directions will be provided to applicants during the on-line Examination registration process.

In order to register for the Examination each applicant must first submit a LSRP Licensure Examination Application to the NJDEP, which is reviewing applications on behalf of the Site Remediation Professional Licensing Board (SRPLB), and must receive an approval letter from the SRPLB which contains instructions for the on-line Examination registration process.

The Examination applications and instructions can be found at

NJDEP Adopts New Waiver Rule

In response to Governor Christie’s Executive Order No. 2, which directs state agencies to implement common sense principles of government reform, the NJDEP has adopted a new rule that gives the NJDEP flexibility to modify compliance with rules in certain limited circumstances that do not compromise protections for the environment or public health.

This waiver process will be extremely transparent, with all applications and actions posted prominently on the NJDEP’s website. Requests for waivers will be accepted beginning August 1, 2012.

“A lack of flexibility can sometimes produce unreasonable, unfair or unintended results that actually undermine the goal the rule or requirement was intended to attain,” said NJDEP Commissioner Bob Martin. “This rule provides us with a modest measure of flexibility to manage special circumstances but through a process that will be used under limited circumstances and with total transparency.”

To apply for a waiver, a requester must demonstrate that at least one of four criteria is met:

  1. Public Emergency — There is a public emergency that has been formally declared.
  2. Conflicting Rules — Conflicting rules (between federal and state agencies, or between state agencies) are adversely impacting a project or activity from proceeding.
  3. Net Environmental Benefit — A net environmental benefit would be achieved.
  4. Undue Hardship — Undue hardship is being imposed by the rule requirement(s).

The waiver rule is somewhat similar to the municipal zoning variance process, allowing some leeway to existing rules in certain, limited circumstances.

There is no automatic right to a waiver. Waivers will be granted only on a case-by-case basis after careful review by technical staff and approval of the Commissioner. NJDEP will not compromise its core mission of protecting public health, safety and the environment, and will continue to make decisions based on science, facts, data and common sense. A waiver cannot violate State or Federal statute or Federal regulation.

The NJDEP is developing an internal process that will ensure consistency and transparency in the handling of all applications. This includes standardized submission forms, electronic systems for the receipt and tracking of all requests, and online reports that will allow the public to know when applications are received and to access the NJDEP’s decisions.

“This allows us to change how government operates in a positive way. We can cut through the maze of red tape and regulations to provide real solutions to real-world problems, while maintaining our core priority mission of protecting the air, water, land and natural resources of New Jersey,” Commissioner Martin added.

Information about the waiver rule, including Governor Christie’s EO 2 and the adopted rule text, is available at

NJDEP Will Soon Launch Remedial Priority Scoring (RPS) System Ranking Contaminated Sites

David Restaino of Fox Rothschild Environmental Practice recently issued an alert that the RPS System would be released within the week.  Read more about the RPS System launch here.

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