Although SRRA seems to be thorough and well written, there will be amendments to laws that were not anticipated or addressed in the legislative process that could be problematic for persons remediating property.

Prior to the enactment of SRRA obtaining an order from a court compelling access was a definitive and clear process, now that the NJDEP is not involved in the oversight of remediation projects and the lack of legislative amendment to Section 16 the statutory process in obtaining court ordered access is now unclear.  It is up to the courts to interpret Section 16(b) of the Spill Act and determine whether an LSRP letter directing a party to perform remediation on property that it does not own is sufficient to constitute prima facie evidence to support the issuance of an order from a court.  The lack of legislative foresight in amending Section 16 of the Spill Act is just one of potentially many future pitfalls that will arise as SRRA and the LSRP program evolve.