Paul

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The Role of the Licensed Site Remediation Professional

(LSRP)

Paul Sakson, LSRPwww.PaulSakson.com

732.784.2822

Paul

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Covered Topics

•Historical Basis for Needing LSRPs•What does an LSRP do?•Planning Stages•Preliminary Assessments•Site and Remedial Investigations•Remedial Action

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Basis for Needing LSRPs

•Historically, NJDEP reviewed all site work•Problem with understaffing, back and forth communication•Slow with issuance of No Further Action closure letters

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Basis for Needing LSRPs

•NJ LSRP program commenced in 2009 and made permanent in 2012•Nearly 500+ LSRPs currently

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Basis for Needing LSRPs

Goals of LSRP program:1. Increase pace of remediation2. Reduce burden on NJDEP staff3. Enhance professionalism of

consulting work

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What Does a LSRP Do?

•Certifies all submittals to NJDEP via forms•Ensure work is done properly and complies with NJ rules and regulations•Advises client on regulatory and mandatory remediation due dates

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What Does a LSRP Do? • Involved with all four major phases of site remediation. All sampling, reporting, forms•Assesses impact to receptors (indoor air, ecology, potable wells, schools, etc.)•Designs Remedial Action Workplans

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What Does a LSRP Do?•LSRPs prepare and certify costs for the Remedial Funding Source and Financial Assurance•Prepares cost estimates for loans and grants through the Hazardous Discharge Site Remediation Fund

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What Does a LSRP Do?

•Ensures that engineering and institutional controls are being maintained after Remedial Action Permit issued•Responsible for issuing the final Unrestricted Use Response Action Outcome

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Paul

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What is the NJDEP Role?

• Inspects and reviews LSRP submittals (reports, forms, technical and administrative work)• Issues Remedial Action Permits for soil and

groundwater for restricted use sites• Enforces mandatory and regulatory due

dates, and general compliance •May audit Response Action Outcomes for up

to a three year period, maybe longer if LSRP is investigated

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Planning Stages

Identify Site Goals: •Unrestricted Use? or•Restricted Use with controls?

What will be the end use?•School or child care center?•Residential?•Commercial or Industrial?

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Planning StagesLSRP Selection: •Experience at type of site•Familiarity of contaminants present•Professional history (disciplinary decisions)

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Planning StagesWhy LSRP Selection is Important: •LSRPs have wide ranging experiences and expertise•NJDEP has a 3 year audit period for all RAOs.•Audit period is extended indefinitely if LSRP is investigated for misconduct

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Preliminary Assessments (PA)

•First major phase of site remediation•Most important phase: foundation for all subsequent work

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Preliminary Assessments (PA)•Preliminary Assessments identify Areas of Concern (AOCs)•AOCs include underground storage tanks, spill areas, pesticide applied areas, chemical storage areas, etc.

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Preliminary Assessments (PA)

Research for PA’s include:•State / Federal databases•Historic Sanborn Insurance maps•Historic Telephone Directories•Aerial Photographs•Municipal Zoning / Building records

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Preliminary Assessments (PA)Research for PA’s also include:•Deeds•County Health Department records•Owner / occupant interviews•Site inspection by LSRP

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Preliminary Assessments (PA)PA research item often overlooked:•Historic Fill Map (available on NJ Geological Survey website)• Important because fill is usually contaminated•Fill is geographically widespread in New Jersey

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Historic Fill Map

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Historic Fill Maps

•Can be found at http://bit.ly/historicfill

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Preliminary Assessment (PA)

PA research item often overlooked:•Historic Industrial Directories (found in Trenton State Library)•Provides another record for historic land use•Could be helpful to determine if Industrial Site Recovery Act compliance was necessary

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Preliminary Assessment (PA)Also good to look at (although not required for a PA):•Potential for off-site sources to migrate onto the property (especially important for school, child care, residential uses)•Can be accomplished through a NJDEP OPRA request

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Site Investigations (SI)

•Determines if contaminants present exceeding standards OR screening levels

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Remedial Investigations (RI)

•Determines the nature and extent of contaminants (i.e. horizontal and vertical definition in all media)

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Site and Remedial Investigations

(SI and RI)Important Takeaway for SI and RI: • Problem definition phase of site remediation•Result: Must be flexible in development plans if findings are adverse

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Remedial Action (RA)

•Active Remediation vs. Passive Remediation•Restricted Use vs. Unrestricted Use

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Remedial Action (RA)

•What’s the Goal?•Restricted Use OK? (If so, apply for Remedial Action Permit(s))

OR•Unrestricted Use (If so, issue Response Action Outcome)

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Remedial Action (RA)(for Restricted Use)

• For soil, record Deed Notice and LSRP submits Soil Remedial Action Permit application• For groundwater, establish Classification

Exception Area and LSRP submits Groundwater Remedial Action Permit application• If not exempt, Financial Assurance (FA)

mechanism must be in place. LSRP prepares cost estimate for FA.

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Remedial Action (RA)(for Restricted Use)

•NJDEP reviews Soil/Groundwater Remedial Action Permit Application(s) and issues Permit(s)• In planning stage, account for NJDEP review time for the Permit issuance

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Remedial Action (RA)Types of Response Action

Outcomes (RAOs)•Unrestricted Use Entire Site RAO: the best•Area of Concern RAO (only addresses one concern, not entire site)

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Remedial Action (RA)Types of Response Action

Outcomes (RAOs)

•Child Care Facility RAO• Industrial Site Recovery Act (ISRA) RAO

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Remedial Action (RA)Types of Response Action

Outcomes (RAOs)

•Restricted Use: Site will have engineering controls and institutional controls•Limited Restricted Use: Institutional controls only

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Remedial Action (RA)Response Action Outcome Notices

• Important as they exclude certain items •e.g. “Pesticides Not Addressed”, “Interiors Not Addressed”, “Contamination Present Due to Off-Site Source”

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Post-Remedial Action (RA)

•For restricted use, on-going LSRP retention, inspections, biennial certifications, and annual NJDEP fees apply

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Summary for Successful Brownfield Redevelopment

1. Set goals for remediation prior to development

2. Be diligent in the PA phase and flexible in the SI and RI phases

3. Understand the various Remedial Actions and types of Response Action Outcomes

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Summary of LSRP Role1. Involved with project from start to finish (and

beyond!)2. Confirms validity of all historic work3. Many technical and administrative competencies

required: be careful in selecting the right LSRP for the job

4. Issues Response Action Outcomes

Finally, don’t forget the NJDEP role: issues Remedial Action Permits, Enforcement, and can audit Response Action Outcomes

Paul

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Paul Sakson, LSRP

www.PaulSakson.com732.784.2822