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Please help yourself to food and drinks

Environmental Site Remediation LSRP vs. Environmental Consultant – Issues to Consider When Making the Decision. The material provided herein is for informational purposes only and is not intended as legal advice or counsel. Please help yourself to food and drinks

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Please help yourself to food and drinks

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  1. Environmental Site RemediationLSRP vs. Environmental Consultant –Issues to Consider When Making the Decision The material provided herein is for informational purposes only and is not intended as legal advice or counsel.

  2. Please help yourself to food and drinks Please let us know if the roomtemperature is too hot or cold Bathrooms are located past the reception desk on the right Please turn OFF your cell phones Please complete and returnsurveys at the end of the seminar

  3. Overview of the Site Remediation Reform Act (“SRRA”)/Licensed Site Remediation Professional (“LSRP”) Program and Deadlines For Compliance Presented by: Martha Donovan

  4. Reason for Enactment of Site Remediation Reform Act, Which Created the LSRP Program

  5. What Did MA and CT Do in Order to Address Their Remediation Case Backlog Through Licensed Site Remediation Professionals?

  6. What is a Licensed Site Remediation Professional in New Jersey?

  7. The Somewhat “Bumpy” Transition in New Jersey

  8. N.J.S.A. 58:10b-1.3 - Remediation of Discharge of Hazardous Substance; Requirements

  9. What About the Old Cases/Those Pre-Existing 11/4/09, Do We Need to Obtain an LSRP?

  10. DeadlinesYes, NJDEP Really Means It

  11. Other Important SRRA/LSRP Issues

  12. Changes in Legal Liabilities Under the LSRP Prgoram Presented by: Martha Donovan

  13. From the “Responsible Party” Perspective

  14. Same Issue From the Consultant’s Perspective

  15. From the Client’s Perspective

  16. From the LSRP’s and Consulting Firm’s Perspective

  17. From the Responsible Party’s Perspective

  18. From the Consultant (LSRP) Point of View

  19. From the Client’s Point of View

  20. From the Consultant (LSRP) Point of View

  21. You Get the Point?

  22. Liability Issues to Fret About(Both Responsible Parties and LSRPs)

  23. Immediate Environmental Concerns Presented by: Jeff Casaletto

  24. IEC Citations Site Remediation Reform Act – N.J.S.A. 58:10C-2 (definition); N.J.S.A. 58:10C-16j (LSRP duty to report) Technical Requirements for Site Remediation – N.J.A.C. 7:26E-1.4 (reporting); N.J.A.C. 7:26E-1.8 (definition)*; N.J.A.C. 7:26E-1.14 (response actions and regulatory timeframes)* Administrative Requirements for the Remediation of Contaminated Sites – N.J.A.C. 7:26C-3.3(a)2 (mandatorytimeframe)* IEC Guidance – Currently in draft form* [Not to be confused with Vapor Concern Guidance] 24

  25. IEC Definition A discharge that: Contaminates potable wells at or above applicable standards Results in indoor air levels above screening levels in Department's Vapor Intrusion Guidance* Creates a toxic or harmful atmosphere in an occupied or confined space Could result in an acute human health exposure, as further described in the Department's IEC Guidance The catchall – any other condition that poses an immediate threat to the environment or to the public health and safety as further described in the Department IEC Guidance 25

  26. LSRP reporting requirement Regulation by guidance* NJDEP oversight despite LSRP Tight timeframes – immediate, 5-day*, 60-day*, 120-day, 270-day* Mandatory timeframe* – March 1, 2011 or one year from the date IEC required to be reported Grace Period – all non-minor violations - $20,000 IEC Issues 26

  27. ENVIRONMENTAL SITE REMEDIATION:LSRP vs. Environmental Consultant The Consultant’s View Philip I. Brilliant, CHMM, LSRP BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  28. The Consultant’s View LSRP Obligation LSRP as Advisor/Consultant – Outcome Success as an LSRP – the Profession! BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  29. October 4, 2010 Advisory Extension of Mandatory Timeframes from 1 year to 2 years – except LNAPL; Exercise “enforcement discretion” on regulatory timeframes; Change the definition of an VI IEC from exceedance of Indoor Air Screening Levels to Rapid Action Levels. “Enforcement discretion” for tweeners. PA for ISRA and SI for UST; and Initial Receptor Evaluation Requirement – submit what you have by November 26, 2010. BRILLIANT ENVIRONMENTAL SERVICES

  30. Licensed Site Remediation Professional When is an LSRP required? Anyone initiating remediation after November 4, 2009 needs an LSRP Initiating remediation includes: 1) new discharge; 2) new triggering event under ISRA; 3) new PA, SI, RI, RAW, RAR which creates a new case; 4) case with existing NFA is reopened; 5) new person taking over remediation; 6) new deed notice or declaration of environmental restriction Not a “new case” if you pass two prong test: Reported the original discharge/discovery of contamination as required by law, AND Have continuously remediated the site since then. BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  31. LSRPs Code of Conduct Overriding Concern of LSRP is Public Health, Safety and Environment Notification Requirements to NJDEP Retention/Termination Discharge at site where LSRP is responsible Immediate Environmental Concern Client action or decision resulting in deviation from RAWP Material differences from prior reports BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  32. Current LSRP Stats at NJDEP Temporary LSRPs – 406 New Cases Using LSRPs – 414 Cases Opting In – 522 (Shell, LNA, CFI)* RAO’s submitted – 17 As of September 8, 2010 BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  33. Who is accountable to whom? Responsible Party to the NJDEP LSRP to the Board The Board has not yet been established but will consist of 13 members NJDEP Commissioner and State Geologist 11 public members, including 6 LSRPs, 3 from Statewide environmental organizations, 1 from a business organization and 1 from academic community BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  34. Due Diligence and Disclosures LSRPs have notification obligations independent of contracts Immediate Environmental Concerns – obligation to report by LSRP Due Diligence Obligation to report where contamination discovered at sites for which LSRP is responsible BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  35. LSRP as Advisor BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  36. LSRP as Advisor BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  37. LSRP as Advisor BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  38. LSRP as Advisor BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  39. LSRP as Advisor BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  40. LSRP as Advisor BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  41. LSRP as Advisor BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  42. LSRP as Advisor BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  43. LSRP as Advisor BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  44. RAOs vs. NFAs Area of Concern vs. Entire Site NJDEP issues NFAs; LSRPs issue RAOs RAOs receive the same liability protections afforded NFAs including Covenant Not to Sue Invalidation/Overturning: NFAs Information not accurate or complete NJDEP can invalidate an NFA at anytime RAOs NJDEP must find that remedy is not protective Can be audited up to three years after submission and invalidated/reopened Obligation to submit entire file with RAO, including contracts, proposals, except for confidential documents BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  45. Annual Fees Replace Oversight Fees No contamination or 1 AOC (soil only) and historic fill = $450 2-10 AOCs, includes all UST sites, except unregulated = $900 11-20 AOCs, includes Landfills = $5,000 >20 AOCs = $9,500 Contaminated Media Additive = $1,400/media Example UST case with gw impact = $2,300/year BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537

  46. Success as an LSRP BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537 Professional Judgment Clear, Accurate and Precise Contracts Open dialogue and discussion with client Fast response to NJDEP inspections Respect the fight that brought the LSRP Program to New Jersey Reduction of Known Contaminated Sites Individual Reputation, not Company! Fast Acting and Fair Board

  47. Thanks BRILLIANT ENVIRONMENTAL SERVICES 888-901-2537 For more information: http://www.nj.gov/dep/srp/srra/ Philip I. Brilliant, CHMM, LSRP Brilliant Environmental Services (732) 818-3380 x 110 brilliant@brilliantlewis.com

  48. Increased Legal Liability of LSRPs N.J. Site Remediation Reform Act =Increased Responsibility/Liability of LSRPs Presented by: Charles Miller

  49. Increased Legal Liability of LSRPs Areas of Potential New Risk • Professional Judgment Risks • No more DEP approval of LSRP work before remediation work begins Example #1: NFA issued by NJDEP vs. RAO issued by LSRP -Possible re-opener

  50. Increased Legal Liability of LSRPs Areas of Potential New Risk • Professional Judgment Risks • No more DEP approval of LSRP work before remediation work begins Example #2: NJDEP decides financial assurance vs. LSRP decides financial assurances - Excessive/Inadequate? - Errors in judgment impact on amount

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