The NJDEP posted proposed rules to complete the phase-in of the Site Remediation Reform Act (SRRA) The SRRA is the law that changes the way contaminated sites are investigated and remediated and it also established the Licensed Site Remediation Professional (LSRP) program. The program is designed to accelerate the pace of cleaning up the New Jersey’s over 16,000 contaminated sites by using LSRPs to oversee remediation at most of these sites.
The proposed rules are supposed to change the historically inefficient and cumbersome system with new regulations and procedures that are intended to speed up remediation at contaminated sites while still requiring that the remedial efforts meet DEP compliance standards and within established time frames.
The 900+ page draft, posted for review and public comment, outlines revisions to the Technical Requirements for Site Remediation (TRSR), the Industrial Site Recovery Act (ISRA) rules, the Underground Storage Tank (UST) rules, and the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS).
Some of the changes include:
- Removing several sub-classes of industrial establishments from ISRA applicability
- Requires an LSRP to conduct work on regulated USTs and no longer will allow sub-surface evaluators to conduct this work
- Adds mandatory timeframes for completion of remedial investigation and remedial actions, in addition to the existing timeframes for completion of PA/SI/RE and free product investigations
- Includes procedures to request that oversight fees be capped at 7.5% of remediation costs
- Adds a requirement to include operation, maintenance, and inspection costs into the calculation of remediation funding source calculations
- Modifies the penalties under the Grace Period Law
- The TRSR is revised to include references to technical guidance documents that contain NJDEP’s direction concerning how to achieve remediation goals
A copy of the draft rules can be viewed at https://www.nj.gov/dep/rules/proposals/081511b.pdf .
A public hearing is scheduled for September 13, 2011 at the NJDEP offices in Trenton or comments can be provided to the NJDEP in writing by October 14, 2011. The rules are scheduled to go into effect in May 2012.