Site Remediation
Site Remediation Reform Act (SRRA)
The Site Remediation Reform Act (SRRA) became law on May 7, 2009, and it went into effect on November 4, 2009. The SRRA privatizes the clean-up process by placing primary oversight responsibility for most remediations into the hands of Licensed Site Remediation Professionals (LSRPs). LSRPs are select environmental consultants who meet the licensing requirements of NJDEP's new licensing board.
What does this mean to you?
- All remediation (i.e., discharges, ISRA or UST triggers) begun on or after November 4, 2009 must use a LSRP
- Cleanups initiated prior to November 4, 2009 need not use an LSRP at this time. This means that they will be conducted and managed using the former NJDEP case management program. However, unless these open cases close in the near term, the deadline to opt into the LSRP program is May 7, 2012
- Existing cases may opt into the LSRP program any time
- Currently, the NJDEP issues temporary licenses to LSRPs based on experience and education. Licensing will become more difficult after the LSRP board is established and its regulations are developed
- LSRPs will ultimately have to pass a written examination to obtain their permanent license
- The licensing board will oversee LSRPs under a detailed strict code of conduct
- NJDEP will randomly select a certain number of cases (~10%) each year to be audited
- Select ("complicated") cases will remain under direct NJDEP oversight
- New limitations will be imposed on the ability of a remediating party to select the remedial action for a site with certain sensitive land uses (e.g., residential, schools) and direct oversight cases
- A new permitting program will be established for monitoring and maintenance of engineering and institutional controls
- NJDEP-issued No Further Action (NFA) determinations will be replaced by the LSRP-issued Response Action Outcome (RAO)