New Jersey’s Licensed Site Remediation Professional (LSRP) program is evolving rapidly. On May 7, 2012, the LSRP Program goes into full effect, and all cases subject to the Site Remediation Reform Act (SRRA) must retain an LSRP by this deadline. As of early 2012, thousands of cases have yet to file notification of LSRP retention with the New Jersey Department of Environmental Protection (NJDEP). Are you among them? Unsure what you’re required to do? Read on.
Regulatory Enforcement Update
The NJDEP has indicated that Administrative Orders may be issued to Persons Responsible for Conducting Remediation who are obligated to but have not retained an LSRP after the May 7, 2012 deadline. An Administrative Order is a formal enforcement action that includes a determination that a violation has occurred, an order to take specific actions to correct the violation, and a demand for payment of a specified penalty amount.
While the enforcement strategy unfolds, be aware that the published base penalty for “failure to conduct remediation in accordance with all applicable rules and guidance” outlined in the Administrative Requirements for the Remediation of Contaminated Sites is $8,000. The best way to avoid potential penalties is to ensure that sites subject to the SRRA retain an LSRP and submit the required retention paperwork before the May 7, 2012 deadline.
If your regulated case requires LSRP oversight, or if you need assistance in determining whether your site remediation requires an LSRP, please contact Mark Pietrucha in our East Windsor, NJ office.