october 2009

Window of Opportunity Closing for DEP Oversight of New Environmental Cleanup Projects in New Jersey

In accordance with the New Jersey Site Remediation Reform Act, parties who initiate an environmental cleanup under DEP’s Site Remediation Program after November 3, 2009 will be required to engage a Licensed Site Remediation Professional (LSRP) to oversee the project. In most instances, DEP oversight of new cleanups will no longer be an option following this deadline. Existing cleanups may remain under DEP oversight until May 2012, after which time they, too, will be required to transition to an LSRP.

The Site Remediation Reform Act, which was enacted in May 2009, has fundamentally changed the way cleanups will be conducted in New Jersey. Under the law, with few exceptions, only LSRPs will be authorized to sign and certify reports through the site remediation process. LSRPs will issue a Response Action Outcome – the functional equivalent of a No Further Action letter – at the completion of the project. Subject to some exceptions, DEP will have up to three years to audit the LSRP’s work. (See our May 2009 Legal Update for more details on the Site Remediation Reform Act).

In light of the uncertainties associated with the new LSRP program, including the risk of audit, some parties are opting for DEP oversight of voluntary cleanups while they still have that opportunity. Parties must submit to DEP a “Request for Department Oversight” (available at www.nj.gov/dep/srp/volclean), along with at least one of the reports or workplans for which DEP oversight is being sought, no later than November 3, 2009.

If you have any questions concerning the new site remediation process in New Jersey, please contact Marcie R. Horowitz or Susan C. Karp.