Subsequent discussion within the group focused on whether LSRPs are required to report problems even at sites that they haven't been hired to oversee, with no clear answer.
But LSRPs can help move projects ahead faster than the New Jersey DEP, and many will benefit from that.
We want deals to happen," he said, while cautioning that the due diligence process and having LSRPs involved "could be upsetting, especially with a buyer-driven environmental due diligence.
With a huge backlog of cases, said to number 14,000, DEP "looked at Massachusetts and modeled our LSRP program after theirs," said Berkowitz.
Addressing the topic of what to consider when retaining an LSRP "they are your environmental general contractor," explained Richard Ericsson of Cole Schotz Meisel Forman & Leonard.
Everyone who has a discharge of liquid or vapors is required to report and remediate it utilizing an LSRP, or be fined or put under the direct oversight of DEE It is no longer voluntary.
The criteria are in the legislation--it has to be contamination that the LSRP did not know about.
There won't be a real bind because one-third of the pending cases currently have LSRPs," Berkowitz responded.