NJDEP Guidance Development, LSRP Fees Due and Exam Results, and SRPLB Rules

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NJDEP Guidance Development, LSRP Fees Due and Exam Results, and SRPLB Rules

NJDEP’s Site Remediation Program Announces the Initiation of Additional Technical Guidance Development

The NJDEP’s Site Remediation Program is evaluating the start of a 2nd round of Technical Guidance development.  To assist in this undertaking, stakeholder input is being solicited on ideas for new Technical Guidance topics.  This information should be submitted between now and June 18, 2012 and forwarded to George Nicholas (NJDEP Lead for SRP Technical Guidance Development) at George.Nicholas@dep.state.nj.us.  A meeting will be held on June 20th, 2012 at the NJDEP’s 401 East State Street building (Trenton, NJ) in the 1st floor Public Hearing room from 2:30-4:00.  Discussion topics will include feedback regarding new Technical Guidance topics and plans to move forward.  It is recognized that the nature of Technical Guidance topics will affect stakeholder participation, however, it is requested that any stakeholders who would like to be involved in the process please forward their contact information to George Nicholas at the email address noted above.  Information requested would include name, whether you are an LSRP, work phone, email, and any affiliation that would also be represented (e.g., Environmental Organization, LSRPA, Builders Association, Chemistry Council,  other RP group, etc.).


Final Revised Fee Guidance Doc, Fee Form and Instructions

(Read carefully! Don’t worry if you are confused, another NJDEP release [below] was sent to clarify.)

The NJDEP has updated its guidance on fees associated with the recent finalization of the ARRCS rule on May 7, 2012.  In addition, the NJDEP has also revised the Annual Fee Remediation Reporting Form and its associated instructions.  The form has been updated to include a section for the prorating of annual remediation fees (when applicable). See web links below.

In addition, a DEPOnline service has been released that allows the Fee Form to be filed electronically, and allows for the initial remediation fee to be paid online also.  The Service must be certified online by an LSRP, but can be set up and paid by another person.  Registration with DEPOnline is required to submit.  The service will determine the fee and any proration.  Instructions are here:

http://www.nj.gov/dep/srp/srra/forms/online_annual_remediation_fee_reporting_ins.pdf

Finally, there is a brief summary at the end of this email that lists applicable dates regarding annual remediation fees, and whether or not you are subject to prorated fees.

Web links:

The revised “Fees/Oversight Cost Guidance Document” can be found in the Financial Guidance section under the link at:  http://www.state.nj.us/dep/srp/guidance/index.html

A revised Annual Remediation Fee Reporting Form and instructions are listed under the link at:  http://www.nj.gov/dep/srp/srra/forms/

Summary of Annual Remediation Fee due Dates:

1. 270 day clock (i.e., first fees submitted with first report or no later than 270 days from trigger date into LSRP program) applies to persons that initiated remediation between November 2009 and May 7, 2012, or opted-in to the LSRP program on or before May 7, 2012.

2. 45 day clock (i.e., after the date the person responsible for conducting the remediation is required to notify the Department of the name and contact information of the LSRP hired to conduct the remediation) applies to persons that initiated remediation after May 7, 2012, or did not opt-in to the LSRP program by May 7, 2012 (i.e., were forced into the LSRP program because of statutory mandate).

3. For persons who began conducting remediation before May 7, 2012, the first annual remediation fee is due on June 20, 2012, the date that falls 45 days from the May 7, 2012 deadline for those persons to hire an LSRP.

4. Anniversary dates for future annual remediation fees are described at N.J.A.C. 7:26C-4.3(a)5:

a. (a)5i = in LSRP program on or before May 7, 2012, anniversary date is one year after first annual remediation fee was submitted.

b. (a)5ii = in LSRP program after May 7, 2012, anniversary date is dictated by Table 4-1, and depends upon county in which site is located.

5. Prorating ONLY applies to existing cases that initiated remediation before November 4, 2009 and chose not to opt-in to the LSRP program by May 7, 2012.  These cases have now been converted to LSRP cases pursuant to the statute and owe their first fees by June 20, 2012.

6. Prorating does NOT apply to new cases that initiated remediation after November 4, 2009, or to persons who opted in to the LSRP program on or before May 7, 2012 and have already been billed their first annual remediation fee (or will be billed based on timeframe in #1).


Clarification of NJDEP LSRP Fee Due Dates

On Tuesday June 5, 2012, the NJDEP SRP sent out a list server email titled “[SRRA] Final Revised Fee Guidance Doc, Fee Form and Instructions”.  This email has caused confusion among LSRPs and regulated parties with regards to LSRP annual remediation fee due dates.  We are providing this email for clarification.

Opt-in or new cases into LSRP before May 7, 2012 If you were officially registered as an LSRP case at NJDEP on or before May 7, 2012 (i.e., you came in as new LSRP case or decided to opt-in an existing case) you are subject to the original timeframes in the old interim ARRCS rule. Basically, first annual remediation fees were due with submittal of first report (PA, SI, or first remedial phase document) or no later than 270 days after your trigger date into LSRP. Allowing cases already in LSRP to adhere to the old timeframe discussed above is not specifically addressed in the new rule; however, NJDEP confirms  this as policy.

Many of these new or opted in LSRP cases have already paid their first annual remediation fees. For cases that fail to pay their first annual remediation fees within the timeframes discussed above, an invoice will be generated for their first fee on day 270. These new or existing LSRP cases are not subject to the prorating of their first annual remediation fees.

New cases into LSRP after May 7, 2012

If you come into LSRP as new case after May 7, then you are subject to the new final rule time frames: first annual remediation fees are due with submittal of first report or no later than 45 days after the retention of the LSRP. These types of cases are not subject to prorated annual remediation fees.

Existing cases in NJDEP that did not opt-in to LSRP by May 7, 2012 There was a group of 2000+ existing cases at NJDEP (e.g., BUST, ISRA, Spill Act Discharge, etc.) that had not opted in by May 7 so they were automatically converted into the LSRP program.  The first annual remediation fees for this subset of cases are now due on June 20 (45 days after May 7).  Only this subset of cases is subject to submitting their first annual remediation fees as prorated fees as discussed in the rule.  The first fee is submitted based on the county in which the case resides and the prorated amount shown in Table 4-1 of the rule.

First LSRP annual remediation fees for all cases can be submitted using DEP paper forms or the new portal. For all cases discussed above, the DEP will generate invoices for second (or subsequent) annual remediation fees.

(Are you more confused or less confused?)


SRPLB Draft Rules

The Rules Committee of the Site Remediation Professional Licensing Board (SRPLB) is seeking feedback on draft sections of the SRPLB rules.   You can view the draft rules on the SRPLB’s web site at: http://www.nj.gov/lsrpboard/board/rules/index.html

Currently, there are three draft subchapters posted on the web site for review and comment.  More drafts will be posted as they are completed and approved by the Board.  These draft rules are posted in accordance with the SRPLB’s policy, which requires that draft sections be posted for stakeholder input.

Be advised that this informal solicitation of feedback is independent of, and will precede the formal public comment period that is required under the Administrative Procedure Act at N.J.S.A. 52:14B-1 et seq.  The SRPLB is not obligated to respond to comments received as part of this informal process, but the comments may be considered as part of the rulemaking process. Please send comments to: SRPLBoardContact@dep.state.nj.us.


Notice regarding LSRP Examination Results

To all individuals who sat for the May 14, 2012 LSRP Licensure Examination, be advised that results of the examination are going to be sent out the week of June 18, 2012.  An e-mail with the examination results will be sent to each individual who took the exam, followed by a letter sent via regular mail.

If you took the examination on May 14, 2012, and you do not receive notification of the results by June 28, 2012, please e-mail the Caviart Group at examregistration@thecaviartgroup.com.

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