The Facts about ‘Opting-In’ to the Licensed Site Remediation Professional (LSRP) Program
All parties are required to hire a licensed site remediation professional (LSRP) by May 7, 2012, and to then proceed with the remediation without Department pre-approval. However, a party may choose to opt-in to the LSRP remediation program prior to May 7, 2012. To opt-in the person must complete the LSRP Notification of Retention or Dismissal Form available at http://www.nj.gov/dep/srp/srra/forms/lsrp_notification_retention_or_dismissal.pdf. The person remediating the site who elects to opt-in shall provide his/her signature in Section F of the form. Submission of this certification results in automatic Department approval. The Department will not be issuing a separate approval.The person certifying the form may proceed with the remediation upon submittal of the certified form.
The Department has provided tools and information at http://www.nj.gov/dep/srp/srra/training/ to guide you through the administrative process.
Who has ‘Opted-In’ already?
Parties remediating a wide range of Underground Storage Tank, Industrial Site Recovery Act, and Brownfield sites have already “Opted in to the LSRP Program. Large companies remediating multiple sites are Opting-In including several major oil companies with over 350 cases!
Benefits to opting in:
- The remediation is likely to move more quickly because there is no waiting for Department review and approval.
- Predictable Annual Fees will replace traditional oversight costs. (Note: Oversight costs for cases with Immediate Environmental Concerns will be direct billed.)
- The Program allows more flexibility in the remediation schedule and approach, up to, and including case closure.
- LSRPs are required to have the knowledge and experience to guide you through the remediation process.
- LSRPs can approve the dispersal of remediation funding sources and financial assurance.
- The Department has established a Technical Consulting process so that you get the Department’s guidance on site specific technical issues.
- During this transition period the Department’s focus will be on compliance assistance for cases that choose to opt in, rather than enforcement.
What are your responsibilities when you ‘Opt-In’?
- The remediating party must hire an LSRP.
- Before opting in, all outstanding fees and/or oversight costs (for which you have been billed) must be paid in full (unless you are actively negotiating a bill(s) with the Department).
- The remediation must be performed pursuant to all applicable rules and guidance.
- All regulatory and mandatory timeframes must be met (Note: timeframes established in rule apply to all new and existing cases).
- Documents must be submitted with the appropriate forms.
- Copies of the LSRP’s report must be submitted on 3 CDs at the time an RAO is filed.
- The LSRP can (if they choose to) rely on RAWs and NFAs previously approved by the Department.
- Any report that is currently being reviewed by the Department will be returned to the remediating party for review by an LSRP to certify the content is in accordance with the SRRA rules, along with the form that is appropriate for the document that is being submitted.
After May 2012 remediating parties for all cases will be required to hire an LSRP, so you might as well jump on board now!
Current LSRP Program Stats
As of July 2011
- 483 Temporary LSRPs
- 3,402 New* cases using LSRPs
- 1,369 Cases requesting to Opt In
- Documents submitted by an LSRP:
- 251 PA
- 177 SI
- 200 PA/SI
- 152 RIR
- 81 RAW
- 289 RAR
- 704 RAO
* With new discharge, ISRA or UST trigger on or after Nov. 2, 2009