Technical Review Panel
Contaminated Site Remediation & Redevelopment (CSRR) has reestablished the Technical Review Panel (TRP) to address technical disagreements between Licensed Site
Remediation Professionals (LSRPs) and CSRR staff. As in the past, the goal of the TRP process is to resolve these disputes as quickly as possible to ensure that the
remediation of sites occurs in an expeditious manner and ensures the protection of public health and safety and of the environment.
The TRP process is designed to address, and is limited to, technical disagreements. It is not the appropriate forum for addressing matters of policy or legal issues,
including but not limited to, interpretation of statutory or regulatory provisions or the applicability of a given provision to a particular set of facts, or for
challenges to enforcement actions, including, but not limited to, a Notice of Violation or penalty assessment, or matters identified in a Notice of Intent to Terminate
or a natural resource damage assessment. In addition, requests to convene a panel will only be granted to resolve technical disagreements between CSRR and LSRPs, not
between two persons responsible for conducting the remediation (PRCRs)/LSRPs.
The TRP is a service offered to PRCRs and their retained LSRPs and, as noted above, is limited to discussions of technical issues. Thus, CSRR expects that only the person
responsible for conducting the remediation (PRCR), the retained LSRP, and other environmental consultants involved in the remediation will attend the meeting with the panel.
With advance notice to the TRP, attorneys for PRCR can participate for the purpose of advising their clients, but it should be understood that the TRP will not address legal
issues during its discussions with the PRCR, LSRP, and other technical personnel.
PRCRs seeking resolution of a technical dispute through TRP must follow the process outlined below. Please note that the Department has established this Technical Review
Panel as a matter of discretion to expedite and improve governmental decision-making. The activities and decisions of the Technical Review Panel must not be construed to
give rise to legal or equitable rights or remedies beyond those afforded under current law.
PRCRs/LSRPs should continue to use the Technical Consultation service to consult with experienced DEP staff to ask site specific
technical questions when developing a plan for remediation. A request to convene the TRP should only be made if remediation was conducted and there is disagreement between
the LSRP/PRCR and CSRR staff. In addition, requests to convene the TRP for sites under traditional and direct oversight will not be considered.
Process
Elevation of Dispute through Chain of Command
After receipt of a Notice of Incomplete (NOI) report or Remedial Action Permit (RAP) application, the LSRP should raise any technical disagreements to the reviewer/permit
writer and the immediate supervisor indicated on the NOI.
If the technical dispute cannot be resolved with the reviewer/permit writer and the immediate supervisor, the LSRP must continue raising the issue up the management chain
through the Bureau Chief level. Upon a determination by the Bureau Chief that the technical dispute cannot be resolved to the satisfaction of both the LSRP and CSRR, the
Bureau Chief will so notify the LSRP via email.
Request to Convene Technical Review Panel
LSRPs who have raised technical issues through the Bureau Chief level, and who are still unsatisfied with the Bureau Chief's decision, may proceed with a request to convene
the Technical Review Panel. The request must be made in writing to the CSRR Assistant Commissioner's Office by emailing remediation.process@dep.nj.gov.
The request should include the following:
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A brief statement including the PI number, activity number, LSRP and license number, technical dispute(s), including substantive documentation of the LSRP's and CSRR's
respective positions. Note: The information provided with the request must be limited to information that has been previously presented to CSRR staff who reviewed the
technical dispute(s) prior to the request to convene the Technical Review Panel. If new information is presented as part of the request, the request will be denied and
the LSRP will be directed to present the new information to the reviewer/permit writer and management chain for their further consideration.
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A brief statement concerning the efforts to resolve the technical dispute through discussions with CSRR staff, and Bureau Chief as noted above, including copies of any
written communications between CSRR staff and the LSRP.
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A description of upcoming timeframes that may be impacted by a review of the technical dispute(s) by the TRP.
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Three dates and times when the PRCR and LSRP are available for a meeting. These meetings will be virtual, however, CSRR will consider requests for in-person meetings
at the DEP headquarters.
The Assistant Commissioner's Office will notify the PRCR and LSRP in writing of the approval or denial of the request to convene the Technical Review Panel.
Please note, while a request to convene the panel is being evaluated, and, if a request is granted, until such time as the panel renders a decision, the PRCR/LSRP should
continue to ensure that receptors are not being impacted.
Convening the Technical Review Panel
If the request is approved, the panel will be comprised of managers and topic experts not previously involved in the technical dispute(s). The number of panelists will be
determined based on the issue(s) presented. The panel will discuss the technical dispute(s) and conduct any research it deems appropriate. In addition to the meeting described
above, the panel may reach out to the PRCR and LSRP for clarification of technical issues. The PRCR and LSRP should not generally communicate with the panel except for the
meeting described above and in response to any communications the panel may choose to send.
The Technical Review Panel's decision resolving the technical dispute will be transmitted in writing to the PRCR and the LSRP. This decision does not constitute a final
agency action.
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