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