On May 7, 2012, with the promulgation of the "final" rules administering the new site remediation program, New Jersey introduced the next phase in the process for remediating contaminated sites. Under these rules, persons responsible for conducting remediation must retain a Licensed Site Remediation Professional (LSRP). This person has the authority pursuant to the New Jersey Site Remediation Reform Act (SRRA) to oversee and, ultimately, sign off on the completion of a cleanup by issuing a Response Action Outcome. This new site remediation program and the advent of a new player, the LSRP, demand that counsel reassess, and carefully select, the team it assembles for completing site remediation projects.
To understand the role the LSRP plays in the new program, we must understand the responsibilities of the players in the "old" site remediation program. Prior to SRRA, the client team might have included a principal of the entity performing the site remediation, an attorney and the specialty players an environmental consultant and an environmental attorney as co-counsel. On the other side of the table was the New Jersey Department of Environmental Protection (DEP) with a case manager, a geologist, a technical coordinator and, in a complex site remediation matter, a deputy attorney general.
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