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Navigating Complex Environmental Rules and Regulations – Let JMS Be Your Guide

Posted on September 15th, 2020

Navigating Complex Environmental Rules and Regulations – Let JMS Be Your Guide

The field of environmental remediation in New Jersey is constantly changing and environmental professionals need to stay up-to-date and informed on regulatory and policy discussions coming out of the New Jersey Department of Environmental Protection (NJDEP).

Following the September 11, 2019 Cooperative Venture Project/Site Remediation Advisory Group (CVP/SRAG) Meeting at NJDEP, the Bureau of Inspection and Review uploaded a document which included several helpful hints for Licensed Site Remediation Professional (LSRP) submittals. This document references several notes that could serve as a refresher for project managers and LSRPs, as well as good guidelines for junior staff members.

The document in its entirety can be accessed through the following link: https://www.nj.gov/dep/srp/srra/stakeholder/cvp_srag/2019/srag_cvp_bir_helpful_hints_0911.pdf.

Notable highlights include:

Response Action Outcomes (RAOs)

  1. The notice “Known On-site Contamination Source Not Remediated – Historic Fill (Area of Concern RAO)” cannot be used for Industrial Site Recovery Act (ISRA) Leaseholds. This means that the presence/characterization of potential or known historic fill material must be investigated for all ISRA cases.

General

  1. Make sure that you have checked and double-checked the requirements for any submission so that only the required documentation is sent to NJDEP (or other regulatory body). Additionally, ensure that the attachments uploaded with online submissions are correct and not blank. A common error that firms will make during the online submission processes is submitting a “flattened” Receptor Evaluation (RE) form. NJDEP requires a copy of the RE form in which the fields are editable.
  2. Failure to provide all necessary components, or the inclusion of materials which are not required for the particular investigation, can potentially invalidate or otherwise unnecessarily detract from an otherwise competent and complete submission.
  3. The closure of State and Federally regulated USTs requires a Site Investigation Report (SIR).
  4. A Receptor Evaluation is always required unless an unrestricted use remediation is complete, and a final remediation document is issued within one year after the earliest applicable requirement to remediate.
  5. Background investigations, off-site source investigations, and variances from the Tech Regs must be supported by multiple lines of evidence to support an LSRP’s determination. Only stating “professional judgement” is not sufficient.

Environmental professionals at JMS maintain positive relationships with members of NJDEP, the United States Environmental Protection Agency, and other regulatory bodies. Many JMS employees have contributed to committees to update various NJDEP guidance and technical regulation. Through these relationships and experiences, JMS is able to assure clients that submissions will be prepared correctly the first time. This prevents unnecessary back-and-forth and limits extraneous costs for our clients.

Whether you are in need of environmental consulting services or requesting information regarding the most recent bulletin from NJDEP, please contact us at 908-218-0066 or consult@jmsorge.com.

Jonathan Wood

Project Scientist


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