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Fees / Oversight Costs Guidance

General: The Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq. (SRRA) requires the NJDEP to phase in implementation of the use of Licensed Site Remediation Professionals (LSRPs) by remediating parties. All parties initiating remediation after November 3, 2009 or who opt into the use of the LSRP paradigm (new cases) will be required to follow the provisions of SRRA which are codified at N.J.S.A. 58:10B-1.3b 1-9, including the requirement to hire a LSRP to conduct the remediation, and the requirement to remediate the site without prior NJDEP approval. All parties who initiated remediation prior to November 3, 2009 and elect not to opt into the use of the LSRP paradigm (old cases) will not be required to hire a LSRP to conduct the remediation right away. Remediation of those sites will follow the remediation process with traditional NJDEP oversight and approvals until 2012. All parties remediating sites on or after May 7, 2012 will be required to follow N.J.S.A. 58:10B-1.3b 1-9.

Fees/Oversight Costs: The new SRRA legislation and the corresponding Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) rule are changing the Site Remediation Program’s role in overseeing cleanups. This has resulted in changes to SRP’s oversight function for new cases and also in the way that we bill cases for oversight costs via a direct billing process. There is currently a transition period where past billing practices and fees will cover old cases and new fees have been developed for new cases in the LSRP program. In addition there are non-remedial fees which will remain in place.

Fees and oversight billing rules can be found in Subchapter 4 of N.J.A.C. 7:26C, Administrative Requirements for the Remediation of Contaminated Sites at: http://www.nj.gov/dep/srp/regs/arrcs/

However, in order to help the public better understand the changes, a Fees / Oversight Costs Guidance Document has been created to provide assistance to the person responsible for conducting the remediation regarding the fees that apply to specific activities and submittals subject to the Site Remediation Reform Act as well as the Spill Compensation and Control Act, Underground Storage Tank Act, Industrial Site Recovery Act, and child care center licensing requirements.

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