Site Remediation Reform Act: Code of Professional Conduct
C.58:10C-16 Protection of public health, safety, environment highest priority.
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- A licensed site remediation professional's highest priority in the performance of professional services shall be the protection of public health and safety and the environment.
- A licensed site remediation professional shall exercise reasonable care and
diligence, and shall apply the knowledge and skill ordinarily exercised by licensed
site remediation professionals in good standing practicing in the State at the time the
services are performed.
- A licensed site remediation professional shall not provide professional
services outside the areas of professional competency, unless the licensed site
remediation professional has relied upon the technical assistance of another
professional whom the licensed site remediation professional has reasonably
determined to be qualified by education, training, and experience. A licensed site
remediation professional shall not perform services that constitute the practice of
professional engineering unless the licensed site remediation professional is a
professional engineer licensed in the State.
- A licensed site remediation professional retained by a person responsible for
conducting the remediation shall notify the department within 15 calendar days after
being retained. In addition, a licensed site remediation professional shall notify the
department within 15 calendar days after being released from responsibility for a
remediation if the release occurs prior to issuance of the response action outcome for
the site by the licensed site remediation professional.
- A licensed site remediation professional and the person responsible for
conducting the remediation shall correct any deficiency the department identifies in a
document submitted concerning a remediation. The deficiency shall be corrected in
accordance with timeframes established by the department.
- A licensed site remediation professional may complete any phase of
remediation based on remediation work performed under the supervision of another
licensed site remediation professional, provided that the licensed site remediation
professional:
- (1) reviews all available documentation on which he relies;
- (2) conducts a site visit to observe current conditions and to verify the status of as much of the work as is reasonably observable; and
- (3) concludes, in the exercise of independent
professional judgment, that there is sufficient information upon which to complete any additional phase of remediation and prepare workplans and reports related thereto.
- A licensed site remediation professional who has taken over the responsibility
for the remediation of a contaminated site from another licensed site remediation
professional shall correct all deficiencies in a document submitted by the previous
licensed site remediation professional identified by the department in accordance with
timeframes established by the department.
- A licensed site remediation professional shall not certify any document
submitted to the department unless the licensed site remediation professional has
managed, supervised or performed the work that is the basis of the submission, or has
periodically reviewed and evaluated the work performed by other persons that forms
the basis for the information in the submission, or has completed the work of another
licensed site remediation professional and has concluded such work is reliable
pursuant to subsection f. of this section.
- A licensed site remediation professional shall exercise independent
professional judgment, comply with the requirements and procedures set forth in the
provisions of P.L.2009, c.60 (C.58:10C-1 et al.), make a good faith and reasonable
effort to identify and obtain the relevant and material facts, data, reports and other
information evidencing conditions at a contaminated site for which he is responsible
that is in possession of the owner of the property, or that is otherwise available, and
identify and obtain whatever additional data and other information as the licensed site
remediation professional deems necessary. The licensed site remediation professional
shall disclose and explain in any document submitted to the department any facts,
data, information, qualifications, or limitations known by the licensed site
remediation professional that are not supportive of the conclusions reached in the
document.
- If a licensed site remediation professional identifies a condition at a
contaminated site that in his independent professional judgment is an immediate
environmental concern, then the licensed site remediation professional shall:
- (1)
immediately verbally advise the person responsible for conducting the remediation of
that person's duty to notify the department of the condition; and
- (2) immediately
notify the department of the condition by calling the department’s telephone hotline.
- If a licensed site remediation professional obtains specific knowledge that a
discharge has occurred on a contaminated site for which he is responsible, the
licensed site remediation professional shall:
- (1) notify the person responsible for
conducting the remediation of the existence of the discharge; and
- (2) notify the
department of the discharge by calling the department’s telephone hotline. The
person responsible for conducting the remediation shall also be responsible for
notifying the department of the existence of the discharge. The provisions of this
subsection shall not apply to a discharge that may be a result of the existence of
historic fill material.
- If a licensed site remediation professional learns of an action or decision by a
client that results in a deviation from the remedial action workplan or other report
concerning the remediation developed by the licensed site remediation professional,
the licensed site remediation professional shall promptly notify the client and the
department, in writing, of the deviation.
- A licensed site remediation professional shall not reveal information obtained
in a professional capacity, except as may be authorized or required by law, without
the prior consent of the client, if the client has notified the licensed site remediation
professional, in writing, that the information is confidential. The provisions of this
subsection shall not apply to information that is in the public domain.
- A licensed site remediation professional who learns of material facts, data or
other information subsequent to the completion of a report concerning a phase of
remediation, which would result in a report with material differences from the report
submitted, shall promptly notify the client and the department in writing of those
facts, data, information, and circumstances.
- A licensed site remediation professional who succeeds another licensed site
remediation professional before the issuance of a response action outcome, and who
learns of material facts, data or other information concerning a phase of the
remediation for which a report was submitted to the department and the material facts,
data or other information were not disclosed in the report, shall promptly notify the
client and the department in writing of those facts, data, information, and
circumstances.
- A licensed site remediation professional shall not allow the use of his name by
a person, and shall not associate with a person in a business venture, if the licensed
site remediation professional knows or should know that the person engages in
fraudulent or dishonest business or professional practices regarding the professional
responsibilities of a licensed site remediation professional.
- A licensed site remediation professional shall cooperate in an investigation by
the board or the department by promptly furnishing, in response to formal requests,
orders or subpoenas, any information the board or the department, or persons duly
authorized by the board or the department, deems necessary to perform its duties. In an investigation by the board of a license application or a license suspension or
revocation, a licensed site remediation professional shall not:
- (1) knowingly make a false statement of material fact;
- (2) fail to disclose a fact necessary to correct a material misunderstanding
known by the licensed site remediation professional to have arisen in the
matter;
- (3) knowingly and materially falsify, tamper with, alter, conceal, or destroy
any document, data record, remedial system, or monitoring device that is
relevant to the investigation, without obtaining the prior approval of the
department; or
- (4) knowingly allow or tolerate any employee, agent, or contractor of the
licensed site remediation professional to engage in any of the foregoing
activities.
- A licensed site remediation professional shall be jointly responsible for a
violation of any provision of this section committed by another licensed site
remediation professional whose work he supervises or reviews if:
- (1) the licensed site remediation professional orders, directs, or agrees to the
provision of professional services conducted or prepared by another licensed
site remediation professional under his supervision;
- (2) the licensed site remediation professional knows that the professional
services constitute a violation of this section; and
- (3) the licensed site remediation professional fails to take reasonable steps to
avoid or mitigate the violation.
- A licensed site remediation professional shall comply with all conditions
imposed by the board as a result of a license suspension or other disciplinary
proceeding conducted by the board.
- A licensed site remediation professional shall inform a client or prospective
client of any relevant and material assumptions, limitations, or qualifications
underlying their communication. Evidence that a licensed site remediation
professional has provided the client or prospective client with timely written
documentation of these assumptions, limitations, or qualifications shall be deemed by
the board or the department to have satisfied the requirements of this subsection.
- A licensed site remediation professional shall not state or imply, as an
inducement or a threat to a client or prospective client, an ability to improperly
influence a government agency or official.
- In any description of qualifications, experience, or ability to provide services,
a licensed site remediation professional shall not knowingly:
- (1) make a material misrepresentation of fact;
- (2) omit a fact when the omission results in a materially misleading
description; or
- (3) make a statement that, in the opinion of the board, is likely to create an
unjustified expectation about results the licensed site remediation professional
may achieve, or state or imply that the licensed site remediation professional
may achieve results by means that violate the provisions of applicable
environmental statutes, rules or regulations, including the provisions of
P.L.2009, c.60 (C.58:10C-1 et al.).
- A licensed site remediation professional shall provide any notification to the
board or the department required pursuant to this section, even if the licensed site
remediation professional is discharged by the client prior to doing so.
- A licensed site remediation professional shall not accept compensation,
financial or otherwise, for professional services pertaining to a contaminated site from
two or more persons whose interests are adverse or conflicting unless the
circumstances are fully disclosed and agreed to by all clients engaging the licensed
site remediation professional.
- 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.
- 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.
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