A Licensed Site Remediation Professional (LSRP) is an experienced environmental consultant who has completed a rigorous application and exam process to be licensed by the State of New Jersey. LSRPs are hired by Responsible Parties (RPs) to direct environmental investigations and remedial actions in accordance with applicable New Jersey Department of Environmental Protection (NJDEP) rules and regulations. Each LSRP is required to maintain their license by attending courses on various subjects including regulatory, technical and ethics topics. An LSRP facilitates completion of the remediation process by working directly with the RP and eliminating red tape, which was typically not the case when Sites were overseen by NJDEP. Similar programs in Massachusetts and Connecticut have been in place for a number of years and have successfully demonstrated expedited cleanups of contaminated Sites.
In 2009, the Site Remediation Reform Act (SRRA) went into effect and resulted in significant changes to the NJDEP’s Site Remediation Program. Perhaps the greatest change was the establishment of the LSRP Program which transfers the primary oversight responsibility of contaminated Sites from the NJDEP to LSRPs. LSRPs are overseen by a LSRP Licensing Board, which is responsible for licensing and auditing the performance of LSRPs. SRRA also outlined a code of conduct which includes a requirement that an LSRP’s overall highest priority is the protection of public health and the environment.
As of May 7, 2012, with limited exceptions, all remedial activities conducted in the State of New Jersey, are to proceed under the supervision of a LSRP. LSRPs work with RPs to achieve key milestones within defined timeframes, such as completing a Site Investigation or Remedial Investigation, and implementing a Remedial Action and submitting documents to the NJDEP. Ultimately, however, it is the RP’s responsibility to meet their affirmative obligations with the NJDEP.
Upon achieving all applicable site remediation requirements, the LSRP issues a Response Action Outcome (RAO) that effectively replaces the No Further Action (NFA) letter previously issued by the NJDEP. If the RAO includes the use of institutional or engineering controls to ensure protection of public health and the environment, the LSRP issues a restricted use RAO and will remain involved in any required post-RAO monitoring and submittals. If all remediation standards have been achieved and no institutional or engineering controls are deemed necessary, then an unrestricted use RAO is issued and environmental work at the Site or area of concern is deemed to be complete.
Selection of the correct LSRP is critical to establishing a cost effective and efficient remedial strategy. Therefore, a RP should thoroughly evaluate who they select to fulfill this important role.
Frank Brockerhoff is the Owner and Principal of Brockerhoff Environmental Services LLC in Washington, NJ.