Since the LSRP
lead to the cost of many of the shared-cost programmes being shifted to the city, the programme can also be called "downloading".
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.
Heading an expert panel on site remediation, moderator Don Richardson of Environmental Waste Management Associates noted the importance of the ongoing decision-making process for the LSRP program's final rules.
Attorney Andrew Robins of Giordano Halleran & Ciesla conceded that there have been some misconceptions and a lack of knowledge about LSRP, and perhaps some basis for caution.
(Licensed Site Remediation Professional: The qualified firm shall have a Licensed Site Remediation Professional (LSR