From Samantha Corson of GT Philadelphia:

On August 15, the New Jersey Department of Environmental Protection (NJDEP) Site Remediation Program took a big step toward completing the transition from DEP oversight to private oversight of remediation of contaminated sites by releasing a proposed final rule package ("Final Rules") for the Administrative Requirements for the Remediation of Contaminated Sites ("ARRCS") and Technical Requirements for Site Remediation ("Tech Regs").

The privatization process began in 2009 with the adoption of the Site Remediation Reform Act ("SRRA") which called for the creation of the Licensed Site Remediation Professional ("LSRP") program that will supplant the DEP command and control model of oversight. Under SRRA, all sites must be transitioned to LSRP oversight by May 2012.

The Final Rules are intended to amend and replace existing regulations relating to the remediation of contaminated sites to make them consistent with the new LSRP oversight model. The ARRCS rules were developed to replace the former Remediation of Contaminated Sites Rules which governed DEP’s oversight of the remediation of contaminated sites. DEP issued interim ARRCS rules in November 2009 and amended and reissued the interim rules in May 2011. The Final Rules are intended to fully implement the new site remediation paradigm.

In addition to the ARRCS rules, the Final Rules include amendments to other DEP rules that relate site remediation, including the Underground Storage Tank rules, Industrial Site Remediation Act Rules and Discharge of Petroleum and Other Hazardous Substance rules. Perhaps most significantly, the Final Rules will repeal and replace the current Technical Requirements for Remediation of Contaminated Sites ("Tech Regs") with new regulations that are, in the words of DEP, "a more performance-based set of rules that will allow more flexibility in addressing contamination and potential exposure pathways while continuing to ensure that remediation is conducted in such a way that the results are protective of human health and the environment." DEP has been developing many new technical guidance documents to assist LSRPs in administering these new performance-based goals.

DEP will accept comments on the Final Rules through October 14, 2011. A public meeting is scheduled for September 13, 2011 at 9:30 am in DEP’s Trenton offices.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Caleb Holmes Caleb Holmes

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Caleb has litigated such matters through trial and has also helped clients negotiate and settle matters. He has worked with clients on cases involving a wide variety of contaminants, including but not limited to PCBs, PFAS, and dioxins. Caleb also has broad experience litigating complex commercial litigation, including products liability and mass tort/toxic tort matters. He has a depth of experience with all aspects of discovery, including work with experts, taking and defending depositions, motion practice, trial preparation and settlement negotiation.

Caleb provides practical advice to clients in the acquisition and disposition of businesses and assets and the re-development of brownfield sites. He works with clients to achieve compliance with state-specific voluntary cleanup programs, including Pennsylvania’s Land Recycling Program (Act 2).

Caleb counsels clients on compliance with a broad range of federal and state environmental laws, including RCRA, the Clean Air Act, the Clean Water Act, and a host of other federal and state environmental laws.

In addition to his legal work, Caleb is active in various professional and civic organizations. He is currently serving as the Council’s Secretary for the Pennsylvania Bar Association’s Environmental and Energy Law Section.