NJDEP rejects nearly 90% of all Remedial Action Permit Applications

17 Jul NJDEP rejects nearly 90% of all Remedial Action Permit Applications

In New Jersey, Remedial Action Permits (RAPs) are commonly used as part of a long-term strategy when soil and/or groundwater contaminants are expected to remain on a property after environmental remediation is complete. A RAP is a regulatory mechanism through which an operations and maintenance program — and, in certain instances, a monitoring plan — is established to define what long-term remedial actions must take place at the property in order to comply with state regulations. Once a RAP is established, a biennial reporting schedule is implemented to demonstrate adherence to the terms of the RAP. While this may sound simple and straightforward in theory, getting RAP approval from the New Jersey Department of Environmental Protection (NJDEP) is not as easy as one might expect.

The NJDEP is the state entity that establishes RAP terms and conditions and approves or denies RAP applications. While approval for a soil RAP is rarely an issue (most soil RAPS are approved upon first submittal), the NJDEP has been denying groundwater RAPs at a rate of close to 90%. This suggests that there is a significant disconnect between the Licensed Site Remediation Professionals (LSRPs are the individuals responsible for certifying that groundwater RAP applications are complete and satisfactory) and the NJDEP, which has been denying these RAPs at a frustrating rate. The frustration lies in the fact that RAP applications, by design, are submitted to the NJDEP after remediation has been completed. This final step should mark the end of a process that the LSRP has been granted authority by the NJDEP to oversee. When an LSRP submits a RAP application, they are certifying that the required remediation has been completed and a satisfactory long-term maintenance program has been established. Thus, when the NJDEP denies an LSRP’s RAP application, they are effectively disagreeing with and negating the efforts of the LSRP to whom they themselves have granted the authority to make such decisions. Add to this the fact that it can take the NJDEP up to a year or more to complete the RAP application review process, and you’ve now got a situation that may cause property owners to miss mandatory deadlines, thus giving the state the right to take over their remediation.

Yet, there is hope for property owners facing this untenable situation. Fortunately, the NJDEP and the LSRP Association recognize the issue and have taken steps to remedy the situation. Recently, the Effective Collaborative Communications Committee (ECCC), which consists of NJDEP Contaminated Site Remediation and Redevelopment staff, LSRPs, and industry representatives, released a Remedial Action Permit Application and Remedial Action Report Submittal Frequently Asked Questions and Flow Charts document. This document is intended to assist LSRPs in addressing administrative and technical deficiencies noted in RAP application submittals while also improving NJDEP efficiency in processing RAP applications. The document also addresses some of the issues seen in Remedial Action Reports (RARs). Altogether, this document outlines the most common application mistakes and provides insight into how to correct those mistakes prior to submitting the RAP application. While the document doesn’t resolve every concern, it does provide valuable information that will hopefully aid in increasing the approval rate of future groundwater RAP applications.

If you are one of the unfortunate property owners experiencing issues with RAP application approvals, contact the experts at ESA. We have skilled LSRPs on staff who maintain high RAP approval success rates.