Environmental Site Assessment - A Phase I Environmental Site Assessment (ESA) is a study conducted at a real estate holding to identify potential and existing environmental contamination liabilities. The collection of samples, if required, is typically conducted as part of a Phase II ESA.
Licensed Site Remediation Professional Program
The Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq. ("SRRA") which was enacted in May 2009 provides sweeping changes to the way contaminated sites in New Jersey are remediated. It establishes a program for the licensing of Licensed Site Remediation Professionals ("LSRPs") to oversee site investigation and cleanup. The NJDEP retains significant authority over the remediation process, but the responsibility for day-to-day management including remediation approval is delegated to the LSRP. All responsible parties are required to hire a LSRP by May 7, 2012, and to then proceed with the remediation without Department pre-approval.
Some of the other highlights of the law:
- An affirmative obligation now exists on persons to remediate any discharge for which they would be liable pursuant to the Spill Compensation and Control Act. As such, the voluntary cleanup program which utilized Memoranda of Agreement (MOAs), no longer exists.
- The NJDEP is required to establish mandatory remediation timeframes for the completion of key phases of site remediation.
- The NJDEP is required to maintain direct Department oversight in cases in which the remediating party is recalcitrant in conducting timely cleanups and for those sites that pose the greatest risk to human health and the environment. For these cases, NJDEP can dictate the remediation remedy.
- The NJDEP is required to establish a remedial priority system that ranks sites from best (1) to worst (5). Sites receiving a rating of 5 will be top priority for direct Department oversight. The NJDEP currently proposes to notify responsible parties of their site ranking in April 2012 and allow 60 days for feedback.
ECI is intimately familiar with SRRA and related NJDEP regulations. Our site remediation experience ranges 30 years, from obtaining ECRA no-further action approvals back in the early 1980s, to issuing recent Remedial Action Outcomes (RAO) under SRRA. For additional information about our LSRP qualifications and how we may be of assistance, please feel free to contact John Jimenez or Joe Torlucci at (908) 754-1700 or online.
The Comax Project is an example of a site being completed by ECI under the LSRP program.