The Technical Requirements for Site Remediation (NJAC 7:26E-1.8) define remediation to include remedial action. The Technical Requirements further define remedial action such that “…A remedial action continues as long as an engineering control or an institutional control is needed to protect the public health and safety and the environment, and until all unrestricted use remediation standards are met.” Therefore, a person who is implementing a remedial action that includes an engineering or institutional control is conducting remediation, and that person is required to hire a licensed site remediation professional (LSRP) pursuant to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS; NJAC 7:26C-2.3(a) and (b)).
At all times, an LSRP is required to be retained for a case that has a Deed Notice, Classification Exception Areas (CEA), Soil Remedial Action Permit, and/or Ground Water Remedial Action Permit until the remediation action(s) is no longer needed to protect the public health and safety and the environment, and to ensure compliance with the requirements of the Deed Notice, CEA, Soil Remedial Action Permit, and/or the Ground Water Remedial Action Permit. This includes but is not limited to site inspections, ground water sampling, biennial submission of a Soil and/or Ground Water Remedial Action Protectiveness/Biennial Certification Form and Report, responding to any activities involving the institutional and/or engineering controls at the site, and responding to any public inquiries regarding the current status of the site. It is the responsibility of the LSRP certifying the Remedial Action Permit application to inform the Responsible Party of the requirement regarding the LSRP retention for a case that has a Soil and/or Ground Water Remedial Action Permit.