A change has come to the process of environmental investigations and cleanups in New Jersey with the May 7, 2009 signing of the Site Remediation Reform Act(S. 1897/A.2962) (SRRA). The reform bill, with the new LSRP Program, brings the most important changes to the New Jersey DEP Site Remediation Program since ECRA/ISRA (1983) and the state’s Brownfield Law (1997). The new legislation will have a far-reaching impact on the way transactions and redevelopment projects are handled in New Jersey.
Highlights of the Bill
The SRRA established a licensing program for environmental consultants and contractors certified by DEP as Licensed Site Remediation Professionals. (LSRPs).
Only LSRPs sign and certify reports through the site investigation and cleanup process.In many situations, DEP no longer reviews and approves investigation and cleanup plans in advance, or issues No Further Action letters and Covenants Not to Sue at the conlusion of cleanups.Instead, the LSRPs determine the conclusion of investigations and cleanups, and issue the final sign-off document, known as a “Response Action Outcome” (RAO)
LSRPs have wide-ranging and strict responsibilites; if not upheld, permit revocation and other penalties and enforcement actions could be assessed.LSRPs determine the required amount of any financial assurance, and determine when and to what extent the financial assurance can be reduced as a cleanup proceeds.Once the LSRP issues the RAO, the party conducting the cleanup is deemed to have received a Covenant Not to Sue by operation law.
Following the LSRP’s issuance of a RAO, The DEP has three years to audit the LSRP’s work, though the basis of DEP to invalidate a RAO are relatively narrow.DEP established mandatory timeframes for all phases of investigations and cleanups.
Mr. Brockerhoff is a Principal in the firm and an LSRP. He holds a B.A in Geology from SUNY at Buffalo, and an MA in Geology from Brooklyn College. He has 28 years of experience including groundwater soil and groundwater investigations and remedial evaluations/remediations, as well as vapor intrusion investigations. He has conducted numerous complex field investigations at US EPA Superfund Sites in New Jersey and New York, and has been the lead geologist on numerous ISRA sites in New Jersey. In addition to LSRP and consulting work, Mr. Brockerhoff is responsible for the day to day marketing and administrative tasks that are associated with the company.
Mr. Sean Clifford
Senior Project Manager
Mr. Clifford is an LSRP and one of our Senior Project Managers. He holds a B.S. in Geoscience from Montclair State University. He has 14 years of experience including groundwater remediation, soil remediation and vapor intrusion investigations. He has extensive experience leading investigations and remediation for numerous diverse sites for multiple clients in New Jersey and New York. He is responsible for the performance of all phases of NJDEP requirements in the project cycle, including Preliminary Assessments, Site Investigations, Remedial Investigations, Remedial Actions, and all of the associated reporting. In addition to his technical expertise, Mr. Clifford has exceptional communication skills, project management skills, financial management skills, and schedule management skills. Mr. Clifford takes great pride in working closely with our clients to develop and implement a cost effective and efficient strategy for reaching case closure.