The New Jersey Legislature passed the Site Remediation Reform Act (SRRA), N.J.S.A. §58:10C-1 to 29 in May 2009. The SRRA established an affirmative obligation for responsible parties to remediate sites pursuant to regulatory and mandatory timeframes listed in the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS), N.J.A.C. 7:26C. Following the phase-in period of the SRRA, which ended on May 7, 2012, a licensed site remediation professional (LSRP) must be retained for all sites. Now, clean-up activities for New Jersey sites must proceed under LSRP supervision. Four years later, it’s time for a look back at the highlights of the law’s benefits and the challenges facing the regulatory community since full implementation of the SRRA.
Highlights of SRRA
Under the law, once an LSRP determines that remediation of a case or discharge is complete, the LSRP issues to the person responsible for conducting remediation (PRCR) a “response action outcome” or RAO for the site. This document certifies that remediation has been completed in accordance with applicable NJDEP regulations and guidance. The former voluntary cleanup program, which utilized the “memorandum of agreement” no longer exists. The LSRP is required to oversee and certify efficacy of remediation activities under the Brownfield and Contaminated Site Remediation Act (N.J.S.A. §58:10B-1), the Industrial Site Recovery Act (N.J.A.C. 7:26B) and the New Jersey Spill Compensation and Control Act. Additionally, LSRPs must be used, under the New Jersey Water Pollution Control Act, if the remediation involves a regulated underground storage tank. Exceptions to the LSRP requirement apply only to persons conducting due diligence at a site, owners or operators conducting remediation of discharges from unregulated heating oil tanks, and certain federal cases under the Resource Conservation Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Department of Defense and Department of Energy.
