1.  Am I the "Responsible Person/Party" for conducting the site remediation?

If you fall into one of the following categories, the answer is Yes.

• Any person who executes or is otherwise subject to an oversight document to remediate a contaminated site,
• The owner or operator of an industrial establishment subject to ISRA for the remediation of a discharge,
• The owner or operator of an underground storage tank subject to UST regulations for the remediation of a discharge,
• Any other person who discharges a hazardous substance or is in any way responsible for a hazardous substance pursuant to the Spill Compensation and Control Act, that was discharged at a contaminated site, or
• Any other person who is remediating a site.

Legal assistance is recommended for owners/operators with complex property ownership/operational situations.

2.  What are the new roles and responsibilities?

Client (Responsible Person/Party):

• "Affirmative duty" to clean up the contaminated site,
• Hire an LSRP, and
• Comply with regulatory and mandatory time-frames set forth by NJDEP.

Licensed Site Remediation Professional (LSRP):

• Assist client in defining remediation goals and developing a scope of work, considering NJDEP's regulatory and mandatory time-frames,
• Oversee site investigation and remediation based on administrative and technical regulations, guidance documents and to use professional judgement without oversight from NJDEP,
• Submit forms and reports to NJDEP, and
• Issue "Response Action Outcomes (RAOs)".

NJDEP:

• Inspect and review LSRP submissions,
• Adopt rules, issue guidance, enforce requirements, and
• Direct oversight of certain cases.

3.  What is the first course of action for a "Responsible Person"?

Hire an LSRP when a discharge is discovered or initiation of remediation and submit LSRP retention form to the NJDEP within 45 days after discharge or initiation of remediation.

4.  If a discharge was discovered prior to May 7, 1999, when does the remedial investigation need to be complete?

The remedial investigation of the entire contaminated site is required by May 7, 2014.

5.  What are regulatory and mandatory time-frames?

The regulatory time-frames are provided by the NJDEP for the completion and submission of reports:

• Initial Receptor Evaluation, an Immediate Environmental Concern, a Vapor Intrusion condition or presence of light non-aqueous phase liquids have expedited time-frames.
• A Preliminary Assessment/Site Investigation must be completed and submitted within one year of the date that the initial obligation to perform remediation arises.
• Remedial Investigation and Remedial Action time-frames are determined based upon the environmental media affected.

In general, the mandatory time-frame provides the remediating party an additional year beyond the regulatory time-frame, with the exception of remedial investigation/remedial action activities that provide an additional two years beyond the regulatory time-frame.

6.  What happens if a regulatory or mandatory time-frame is not met?

If a regulatory time-frame is not met, the responsible party may be assessed a penalty of $20,000 per day from the day the time-frame was violated.

If a mandatory time-frame is not met, the remediating party can be subject to direct oversight by the NJDEP.  Under direct oversight, the person responsible for conducting the remediation loses control over the site remediation decision-making process.  This includes the establishment of a Remediation Trust Fund by the Responsible Person/Party, which pays for NJDEP's remediation guidance, remedy selection and implementation.  Additional costly requirements include:

• Conduct and submit a feasibility study for NJDEP approval,
• Submit an annual remediation cost review,
• Pay an annual remediation funding source surcharge and
• Develop and implement public participation plan to solicit public comment concerning the remediation.