May 7, 2012 and Beyond

Remedial Priority Scoring Letters from NJDEP on the Way
May 23, 2012
New Jersey Septic System Rules Change, Impact Real Estate Transactions
May 23, 2012
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May 7, 2012 and Beyond

Processing of Unregulated Heating Oil Tanks (UHOTs) after May 7, 2012

Effective May 7, 2012, a licensed site remediation professional (LSRP) may no longer issue a response action outcome (RAO) for cases where the only area of concern (AOC) being addressed is a discharge from an unregulated heating oil tank system (UHOT).  In those instances, the case must be processed through the UHOT program and the Department will issue a No Further Action (NFA) letter.  However, for those cases where a discharge from a UHOT and discharge(s) from AOCs other than the UHOT exist and are being addressed by an LSRP, the LSRP must issue an RAO that covers discharges from all AOCs, including the discharge from the UHOT.

The reason for this is that on May 7, 2012, the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) rules at N.J.A.C. 7:26C-13 will be amended, and these amendments will change how unregulated heating oil cases will be handled by the Department.  The ARRCS rules at N.J.A.C. 7:26C-13.4(b) are being amended to state that only the Department will issue a NFA letter to the person responsible for conducting the remediation of a discharge from a UHOT, and to delete the provision that allows the LSRP to issue an RAO to the person responsible for conducting the remediation, where the UHOT is the only AOC at the site.

In addition, the person responsible for conducting the remediation may continue to use an LSRP to address unregulated heating oil systems but is not required to submit an LSRP Notification of Retention or Dismissal form unless they are addressing AOCs other than an unregulated heating oil system.

For additional information regarding UHOTs and ARRCS, please go to:

http://www.nj.gov/dep/srp/unregulatedtanks/
http://www.nj.gov/dep/srp/regs/arrcs/


Deadline for Enrollment in LSRP Program Marks Milestone in Reform of Contaminated Site Cleanup System

Today marks a milestone in the state’s transition to a new, clear and streamlined approach to the cleanup of contaminated sites – the deadline for those responsible to clean up these sites to enroll in the Licensed Site Remediation Professional (LSRP) Program.

The LSRP program more efficiently deals with cleanups, many of which have languished for too long, better protect public health, and help generate opportunities for redevelopment projects that will help the economy and boost local tax revenues.

“Protecting our communities by cleaning up contaminated sites is a top environmental priority of the Christie Administration,” NJDEP Commissioner Bob Martin said. “Through this new system, investigations and cleanups will take place much more quickly with no compromise whatsoever to our tough cleanup standards. In fact, this program sets the bar even higher by placing greater expectations and demands on responsible parties to get the job done in a timely manner.”

The Site Remediation Reform Act of 2009 established the LSRP Program as the cornerstone of a fundamental overhaul of the state’s site remediation system, which had proven slow and unwieldy.

Under the new system, highly qualified environmental consultants known as LSRPs carry out site remediation work under strict standards established by DEP.

The NJDEP has established the Site Remediation Professional Licensing Board to set the high standards by which LSRPs are expected to perform, as well as to investigate and take disciplinary action – including fines, license suspension, or license revocation – against any LSRP who does not perform to those standards.

“The LSRP program is allowing us to refocus our resources on sites that represent the highest potential risk to human health and the environment,” said David Sweeney, Assistant Commissioner for Site Remediation. “We have already seen improved progress in our efforts to expedite cleanups during the transition period and fully expect that trend to continue.”

Over the last three years, as the program was phased in, LSRPS closed some 1,200 cases.

“Today marks a critical milestone for this program,” added Joann Held, a member of the Alliance for New Jersey Environmental Education who represents the environmental community on the Site Remediation Professional Licensing Board. “With qualified LSRPs directing cleanup of contaminated sites and a legislatively driven obligation to remediate, we are moving toward greatly reducing the number of contaminated sites in the state.”

The Site Remediation Reform Act establishes a stringent cleanup process with new requirements and expectations for cleanup work that did not exist under previous laws.

Key provisions include:

  • Mandatory time frames for the completion of various phases of investigation and cleanup work;
  • Enabling the NJDEP to order cleanup remedies when those responsible for contaminated properties are deemed to be recalcitrant for failing to take action;
  • Allowing the NJDEP to reject cleanup remedies that would leave a property unsuitable for redevelopment or recreational uses; and
  • Establishing presumptive cleanup remedies whenever a site is proposed to be redeveloped for residential units, schools or day care facilities.

Of the state’s nearly 15,000 contaminated sites, about 6,000 will not need to enter the LSRP program. These include residential underground heating oil tank cases that are specifically exempted by the Site Remediation Reform Act, cases that are in long-term monitoring, federal-lead cleanups, and NJDEP publicly funded cases.

Of the 9,000 remaining cases, 5,000 cases as of last week had been enrolled in the LSRP program as required by the law. The NJDEP will be tabulating additional enrollments as they come in. Cases enrolled in the program are now poised to move along more quickly and efficiently through the cleanup process.

The NJDEP will evaluate the remaining cases for further action, and expects that a large number will involve sites for which no viable responsible party exists or can be identified. Responsible parties who are required by the law to hire LSRPs but have not done so face the prospect of direct NJDEP oversight, which entails a much greater level of NJDEP decision making and involvement than under the previous case manager system.

Responsible parties under direct oversight will also be required to establish a Remediation Trust Fund to pay for the cleanup approach that is directed by the NJDEP.

“Today’s deadline should not come as a surprise to any responsible parties,” Assistant Commissioner Sweeney said. “The NJDEP has engaged in extensive outreach, including directly contacting identified responsible parties with information leading up to today’s deadline. We will now evaluate these cases to determine how to proceed, fully expecting these responsible parties to comply with the law. It is in their best interest to do so immediately.”

For more information on the Site Remediation Reform and the LSRP program, visit: http://www.nj.gov/dep/srp/srra/

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