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Cases with Deed Notices, Classification Exception Areas, and Remedial Action Permits Required to Retain an LSRP

Posted on September 18th, 2014

The New Jersey Department of Environmental Protection (NJDEP) recently posted a reminder to all responsible parties and Licensed Site Remediation Professionals (LSRPs) regarding the on-going requirement to retain an LSRP to oversee the monitoring, maintenance and reporting obligations associated with Deed Notices, Classification Exceptions Areas (CEAs) and Remedial Action Permits; for both soil and groundwater.

The Technical Requirements for Site Remediation (Technical Requirements) at N.J.A.C. 7:26E-1.8 define remediation to include a remedial action. The Technical Requirements further define remedial action such that “…A remedial action continues as long as an engineering control or an institutional control is needed to protect the public health and safety and the environment, and until all unrestricted use remediation standards are met.” Therefore, a person who is implementing a remedial action that includes an engineering or institutional control is conducting remediation, and that person is required to hire an LSRP pursuant to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS; see N.J.A.C. 7:26C-2.3(a) and (b)).

At all times, an LSRP is required to be retained for a case that has a Deed Notice, CEA, Soil Remedial Action Permit, and/or Ground Water Remedial Action Permit until the remedial action is no longer needed to protect the public health and safety and the environment, and until all unrestricted use remediation standards are met. The LSRP must be retained to operate, maintain, and monitor the institutional and/or engineering controls at the site, to ensure that the remedial action remains protective of public health and safety and the environment, and to ensure compliance with the requirements of the Deed Notice, Classification Exception Area, Soil Remedial Action Permit, and/or the Ground Water Remedial Action Permit. This includes but is not limited to site inspections, ground water sampling, biennial submission of a Soil and/or Ground Water Remedial Action Protectiveness/Biennial Certification Form and Report, responding to any activities involving the institutional and/or engineering controls at the site, and responding to any public inquiries regarding the current status of the site. It is the responsibility of the LSRP certifying the Remedial Action Permit application to inform the Responsible Party of the requirement regarding LSRP retention for a case that has a Soil and/or Ground Water Remedial Action Permit.

Todd A. Huffman, LSRP

Senior Manager

JM Sorge, Inc.


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