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Frequently Asked Questions

FAQs are provided for general information purposes only. The information provided herein does not constitute legal advice. Interested individuals should rely on the provisions contained in the Site Remediation Reform Act at N.J.S.A. 58:10C- 1 et seq. when making decisions about LSRP conduct and responsibilities.

Q: Section 16(y) of the Site Remediation Reform Act (SRRA) at N.J.S.A.58:10C states, “A licensed site remediation professional shall not be a salaried employee of the person responsible for conducting the remediation, or any related entities, for which the licensed site remediation professional is providing remediation services.”

Section 16(z) says, “A licensed site remediation professional shall not allow any ownership interest, compensation, or promise of continued employment, of the licensed site remediation professional or any immediate family member, to affect the professional services provided by the licensed site remediation professional.”

Do these provisions preclude an LSRP from entering into a fixed price remediation contract with the person responsible for conducting the remediation? What about those instances where there is a pre-existing risk transfer agreement between the consultant (now LSRP) and the person responsible for conducting the remediation? Can the Board clarify Sections 16 (y) and (z)?

A: The Board has received multiple inquiries on this topic. The Board is empowered by SRRA to regulate and oversee the performance of LSRPs to ensure that sites are remediated to the highest standards to protect public health and safety and the environment. The Board does not have an interest in dictating the terms of contractual relationships between an LSRP and his or her client. Accordingly, the Board will not address inquiries that describe a contractual relationship between an LSRP, his or her firm and the person responsible for conducting the remediation.

The language in 16 (y) and 16 (z) is clear. LSRPs must always hold paramount the safety and health of the public and protect the environment in the performance of their professional duties.
An LSRP’s professional judgment in this regard can never be jeopardized by a financial interest in a remediation project, or as a result of the LSRP or their employer having accepted liability for a remediation project.