The New Jersey Site Remediation Reform Act (SRRA) requires all sites with engineering and institutional controls, i.e., Deed Notices and Classification Exception Areas (CEAs), retain a Licensed Site Remediation Professional (LSRP) and file a Remedial Action Permit (RAP) with their next biennial Protectiveness Certification. This report, formerly known as a "Biennial Certification", is required every two years from the date the Deed Notice or CEA was filed with the NJDEP. Only a LSRP can file the RAP on your behalf.
The change was implemented to increase compliance with NJDEP's post-remediation care requirements. The RAP program affects both soil and ground water institutional and engineering controls. As mentioned above, the new RAP program's framework is similar to the existing biennial certification program, with some exceptions, such as a new financial assurance requirement for maintaining engineering controls.
Financial assurance obligations are tied to the cost to monitor and maintain the engineering controls. Typical engineering control costs can range from $10s to $100s of thousands over the life of the control (up to 30 years). Remediation trust agreements, bank letters and lines of credit, and environmental insurance are listed as the only NJDEP acceptable means to post financial assurance for engineering controls. Self-guarantees are not allowed as a financial assurance mechanism.
EWMA recently launched an innovative solution to satisfy long-term RAP compliance requirements. Our SECUR-ITŪ Post Remediation Care Liability Assumption (PRCLA) approach integrates customized technical oversight by a LSRP, risk management, insurance and financial assurance solutions to address concerns.
If you would like to learn more about the new RAP requirements or discuss a particular Site scenario, please call us at (800) 969-3159 to speak with Don Richardson, Vice President (x186) or George Crimmins, Associate General Counsel (x189).
