Senior Environmental Consulting, LLC - Understanding and Solving Complex Environmental Problems

New Jersey's State Remediation Professional (LSRP) Program

In May, 2009, the State of New Jersey enacted the Site Remediation Reform Act (SRRA) which imposes an affirmative obligation on potentially responsible parties to proceed proactively with site cleanup in New Jersey. A major feature of this act is the establishment of a Licensed Site Remediation Professional (LSRP) program, somewhat modeled after similar programs established many years ago in CT and MA.

On November 4, 2009 the NJDEP started issuing temporary LSRP "licenses" to qualified applicants who were able to demonstrate the considerable experience and training required to work as independent professionals, without direct oversight from the NJDEP, to investigate and remediate a client's facility.

Prior to the enactment of this legislation, Mr. Hochreiter actively participated in the development and implementation of this program, initially through the SRRA Consultants Coalition and later as a Steering Committee member in the NJ Licensed Site Remediation Professionals Association (NJ LSRPA). While the temporary LSRP license program (which covers only new cases and those volunteering to go into the program) will be in place through May 2012, after that date ALL site remediation activities that traditionally were overseen by NJDEP will roll into the permanent LSRP program. The permanent program will require licensed professionals to achieve permanent status by passing a licensing exam issued by an LSRP Licensing Board that will assume responsibility for administering the program.

In the next 3-5 years, the SRRA will result in a complete revamping of the site remediation process in New Jersey. Guidance documents - the Technical Requirements for Site Remediation (called the "Tech Regs") - and most other aspects of the Site Remediation program will be modified to accommodate the SRRA and its LSRP program.

Active participation in the LSRPA provides Mr. Hochreiter with information about, and influence on, the policies and guidance that will be reviesed during this period. He encourages all site remediation professionals working in New Jersey to become active members of the Association.

On behalf of the LSRPA, Mr. Hochreiter currently chairs the Bylaws Committee and serves on the Continuing Education and Risk Management Committees. In the fall of 2009, Mr. Hochreiter applied for and was awarded a temporary LSRP license (pending payment of a fee).

Mr. Hochreiter has decided not to accept the LSRP license at this time. The reasons relate to the sole-practitioner structure of Mr. Hochreiter's practice, along with his widely-discussed concerns regarding the program's "mandatory reporting" obligations that are imposed on the licensee upon the encounter of Act-determined environmental conditions. At present, Mr. Hochreiter does not believe that the LSRP program's requirements can be reconciled with his contractual, confidential obligations associated with the representation of certain clients involved in environmental litigation. Accordingly, he will continue his work with the LSRP Association and seek to influence changes in the program that might allow for eventual licensure.

Mr. Hochreiter has established relationships with Strategic Partners who are temporarily licensed in the event that a client desires such services.

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