The process for the remediation of contaminated properties has significantly changed in New Jersey with the passage of the Site Remediation Reform Act (SRRA) and associated regulations. SRRA requires that the remediation of sites be conducted under the oversight of a New Jersey Licensed Site Remediation Professional (LSRP).
Brilliant LSRPs have been involved with the legislative process creating the LSRP program as well as in current NJDEP stakeholder groups and committees responsible for shaping the program.
Brilliant, through its involvement with the creation of the LSRP program in addition to its years of experience in site remediation, is well positioned to assist clients in meeting the requirements for remediation under SRRA.
The 2009 New Jersey Site Remediation Reform Act (SRRA) provided significant changes to the way in which sites are remediated in New Jersey. One significant change is the creation of the Licensed Site Remediation Professional or LSRP. The LSRP is a professional who has the authority under SRRA to oversee the remediation of contaminated sites in most instances. An LSRP replaces the oversight of remediation by NJDEP and issues the case closure document, Response Action Outcome or RAO. The RAO replaces the No Further Action letter issued by NJDEP. The NJDEP still issues No Further Action letters for residential heating oil remediation cases. SRRA requires that the LSRP must comply with all remediation statutes and rules and consider guidance when making remediation decisions. The LSRP is required to also uphold ethical standards in his or her practice. SRRA established an independent Board to establish regulations (NJAC 7:26I), establish a licensing program including an exam, audit LSRPs, prepare a continuing education program and discipline LSRPs if warranted.
One of the key advantages to using an LSRP is the reduction in the time it will take to reach the point of case closure. Under the prior NJDEP system, significant time delays were encountered in moving projects forward due to waiting for NJDEP review and approval. Under the LSRP program, remediation projects can now move forward without delays previously associated with NJDEP oversight. In addition, there is more flexibility in the approach to site remediation. The LSRP can use his or her professional judgment in concert with NJDEP regulatory and guidance documents when making remediation decisions. For site specific technical issues, the LSRP and remediating party can use the NJDEP’s Technical Consulting process to obtain its guidance when needed.
Certain site remediation cases, particularly under the Industrial Site Recovery Act (ISRA) require the posting of financial assurance as a guarantee of meeting regulatory compliance. Under the prior NJDEP system, the reduction or release of funding sources was at the NJDEP’s discretion and was not often timely. Under the LSRP program, an LSRP can approve the dispersal of remediation funding sources and financial assurance.
Brilliant currently has three (3) LSRPs on staff, with 10 to 30 years’ experience in site remediation. Brilliant’s LSRPs have diverse experience in different areas of remediation and regulatory compliance and as a whole can assist clients in meeting their remediation responsibilities in New Jersey.
Several of Brilliant’s LSRPs are active in the committees and groups that are shaping the LSRP program and are on the cutting edge of current and upcoming requirements under the NJDEP’s site remediation requirements. Philip I. Brilliant, the owner of Brilliant was one of the first appointed by Governor Christie in 2010 to the Site Remediation Licensing Board. He has been a vital member of the Board, former chairman of the Audit Committee and current chairman of the Professional Conduct Committee (PCC), as well as member of the Rules and SRRA 2.0 Committees. Phil has a unique position on the Site Remediation Licensing Board as he serves as the LSRP who represents a Statewide Environmental Organization, as he is the Treasurer of GreenFaith.