BCONE members:
The
CVP/SRAG meeting was held 12/13/17 at NJDEP offices. Below is a summary along with links to the handouts:
Bob Martin has 38 days left as commissioner and provided the following key points/accomplishments of the Administration, with accolades to the SRRA and LSRPs. The overall goal of Commissioner Martin was to maintain and/or improve quality of life for the citizens of NJ. This was accomplished from the following 4 key areas:
1. Transformation of DEP
- Fix process
- Leverage technology
- Transparency
- Focus on Compliance vs. Enforcement
2. Regulatory Reform
- Transparency - more on-line permitting and submissions
- Focus on Science-Data-Facts
- Did not relax standards through the process
- Focused on legacy landfill rules - Closure, Post Closure & Financial Responsibility
3. Super Storm Sandy Recovery
- 2nd largest petroleum spill occurred during the storm - DEP handled
- ~$2.7B damage to eater supply and wastewater infrastructure
- ~8.3M cubic yards of debris handled - opened over 300 temporary staging areas
- ~$1B spent on coastal protection, flooding and rivers
- ~$375M on Blue Acre Program
4. Passaic River Cleanup
- State Litigation on RPs
- Settlement Received - “have Occidental's” credit card for additional costs, if needed
- Removing over 3.5M sediment from lower 8 mile Passaic river - MUST be disposed out-of-state
- Bank to Bank capping after sediment removal
Other key Accomplishments:
- SRRA - LSRP Program was critical program. In 2010, had over 26,000 sites. Less than 14,000 sites today.
- Community Collaborative Initiative: Camden (first), Trenton, Perth Amboy & Bayonne (most recent)
- An example of a CCI - Harrison Landfill - Kroc Center - soon to be officially announced the remaining 61 acres of the Harrison Landfill to be redeveloped into a park.
Measurements of success:
- Land Cleaner - yes, through the closing of over 12,000 historical SRP cases and thousands opened since SRRA
- Air Cleaner - yes, ranked 45th lowest State emissions CO2, NOX, SOX - went after PA to close a high-polluting coal power plant. Ranked 5th among States largest solar installations
- Water - yes - 99.9% of all beaches were open, reduced CSOs in key areas, cleaned up key water bodies such as Shark River that discharge to the Ocean (beaches).
Announcements:
- David Haymes and Sana Qureshi both being promoted within NJDEP.
LSRPA Board Update - Janine MacGregor
- Annual LSRP fees due by Jan 15, 2018 - make sure you received, especially if you changed addresses.
- License renewals - application submissions due 120 to 90 days prior to license expiration - all courses must be completed before 90 days prior to license renewal
- Changes in Audit program - Selection from:
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- Random (can’t be within 2 years of last audit or if LSRP is under investigation by Licensing Board for a filed complaint)- no change here
- New -“NJDEP Non-public List” identifying LSRPs with a high number of deficiencies - neither LSRP or Auditing Board will know that the audited LSRP was selected from this list. This is a new 6-month pilot program. 2 LSRPs selected from this list per month to be audited.
Technical Guidance Update - Sana Qureshi
- Up to 16 Guidance documents looking to be updated - anything from minor editing to major modifications.
- Perimeter Air Monitoring & Field Sampling Manual committees started this month. Air Perimeter anticipate a year to compile. Field Sampling Manual started with separate groups tackling Chapters 2, 5 & 6.
Direct Oversight- Kathy Katz & Kevin Katrina:
- Pre-Purchaser Administrative Consent Order (Click Here for Handout) - “If a Buyer purchases a property in the SRP- those timeframes stay with the Property” unless…a Pre-Purchaser Administrative Consent Order is executed with NJDEP PRIOR TO THE TRANSACTION.
- Earning Adjustment to the Direct Oversight Requirements Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) NJAC 7:26C-14. (Click Here for Handout)
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- 7:26C 14.2(b)- all conditions must be satisfied 30, 60 & 90 day timeframes
- 7:26C 14.4 “allows adjusted Requirements” in the Direct Oversight provisions
- Earned Adjusted ACO requirements- PPP (30 Days), RFS Cost (60 days), RFS & 1% Surcharge paid (90 days)- these get the RP- New Timeframes. Once RIR is submitted then additional earned adjustments:
§ Proceed w/o DEP approvals
§ Annual fees not DO fees
§ Continue in “normal” DEP submissions
§ Feasibility Study not required
Confirmed Discharge Notification- Kirstin Pointin-Hahn
- CDN required when new AOC is discovered based upon
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- Analytical Data*
- Olfactory or field observation*
- Exceptions on ISRA cases- only one CDN required
*In next section below - examples were discussed where CDN’s were not being issued for all of these circumstances.
Multiple LSRP’s on a Site - Panel Moderated by Mark Pedersen
A couple of mock scenarios were presented and the panel of NJDEP, Stakeholders, Attorneys and LSRP’s explored when and how should the LSRP’s work together. In summary, it was agreed that it is beneficial for the LSRPs to work together and share information….
...until “Due Diligence” for a potential sales transaction was involved. This discussion revealed where legal contracts and clauses could prohibit information being shared not just among LSRP’s, but between all parties, including the DEP. Mr. Pedersen was not in favor of these types of “contracts” and thought it was circumventing the spirit of SRRA. The attorney’s presented arguments explaining that if this wasn’t “permitted” then Brownfield sites with “potential” contamination would never be investigated and put on the marketplace for redevelopment. As an LSRP these scenarios can be unsettling. We will have to see how SRRA 2.0 addresses some of these issues.
In conclusion, it was an interesting discussion, and in my opinion, the definition of “a discharge” and when to “report” was still up for personal interpretation and/or project contractual stipulations.
Rick Shoyer
