The Site Remediation Reform Act (“SRRA”) was adopted May 7, 2009 and has been fully enacted since May 7, 2012 and still the New Jersey Department of Environmental Protection (“NJDEP”) is having difficulty relinquishing their authority to Licensed Site Remediation Professionals (“LSRP”) over several site remediation program cases. As we all know, the purpose of the program, a critical component of the SRRA, is to privatize the NJDEP case manager role by transferring their authority to LSRPs who are required to have certain qualifications and pass a difficult written exam.
Over the past eight months this law firm has experienced continuous oversight by the NJDEP on several site remediation program cases that have LSRPs overseeing the remediation. Most recently, on a Industrial Site Recovery Act (“ISRA”) subject property we received a fourteen page comment letter with regard to the Remedial Action Work Plan (“RAW”) that was submitted to the NJDEP by the LSRP. There is nothing in SRRA that authorizes the NJDEP to continue to oversee and have direct involvement in any site remediation case, unless the NJDEP specifically assumes direct oversight over that matter. The NJDEP needs to allow LSRPs to do their job and allow them to direct remediations in accordance with the SRRA, the Administrative Requirements for Remediating Contaminated Sites and the Technical Requirements for Site Remediation. Hopefully, in the near future the NJDEP will become more comfortable with this program and handover the reins to LSRPs.