18 Apr The Best Strategy For Choosing an LSRP
UPDATED 09/15/20
Licensed Site Remediation Professionals (LSRPs) are an integral and indispensable part of the site remediation program in New Jersey. As of the date of this publication, there are roughly 700 LSRPs certified by the state. Each LSRP must meet minimum standards and pass a rigorous exam to become licensed. Does that mean all LSRPs are the same? Not at all. So how does one select the right LSRP for the job?
What is an LSRP?
Since the administrative rules for the New Jersey Site Remediation Reform Act (SRRA) passed in May 2012, the remedial oversight and approval process changed. The SRRA requires that administrative oversight of site remediation be conducted (with few exceptions) by an LSRP. That is, NJDEP approval is no longer required prior to proceeding with remediation or gaining site closure. LSRPs are empowered to make decisions regarding compliance with NJDEP regulations and to issue a closure document known as a Response Action Outcome or RAO (formerly known as a No Further Action letter).
How to Choose an LSRP
Choosing an LSRP is like choosing other professional service providers. You need to ask questions to discern their relative degree of skill and experience and to determine if their skill and experience are compatible with your project requirements. You therefore need to know how LSRPs differ and what questions to ask.
Most LSRPs have a technical specialty. Their expertise should coincide with the nature of your project. For example, some LSRPs are especially skilled at addressing impacted soil. Others may feel very comfortable handling groundwater contamination. But not all groundwater issues are the same. And the science used to assess and remediate various organic pollutants differs. Thus, it is sometimes necessary to identify an LSRP with expertise in a particular type of contaminant. Further, childcare center regulations impose a unique set of environmental requirements that challenge some LSRPs. Therefore, ESA prefers to use LSRPs with childcare center experience when working with a childcare center client that requires LSRP oversight. Ultimately, it is ESA’s job to ensure that our clients have access to the most appropriate LSRP for the job. To that end, ESA staffs and maintains working relationships with LSRPs in multiple areas of expertise.
You should also ask pointed questions regarding their LSRP designation. When was their LSRP designation conferred? How many cases have they worked on? How many RAOs have they issued? Have any of their RAOs been audited? What was the outcome? Have any of their RAOs been rescinded? If so, why? It is normal and expected for NJDEP to periodically audit an LSRP’s RAO; this is not necessarily a bad thing. The outcome of the audit and the reasons behind the challenge need to be evaluated.
In most situations, the people doing the actual field work and report writing will work with the designated LSRP. Determine if they have worked together on other projects. And ask if the sampling strategies are being devised with input from the LSRP. You want to be sure that the LSRP oversees the work throughout the process. And it is important that the LSRP and the consultants doing most of the field work are in unison. Failure to work in unison results in lost time and increased costs.
Finally, in choosing an LSRP, you should understand the role your LSRP plans to assume. Ask when during the project they will be involved, because their involvement is not continuous. LSRPs should be familiar with your site, meaning they should make at least one site visit. In some instances, they must be in the field during certain operations. Determine up front if this will be the case. Remember, LSRPs are expensive on a per-hour basis, so be certain that you understand their billing rate.
DOES THE LSRP’S AFFILIATION MATTER?
Many environmental consulting firms, like ESA, employ their own LSRPs. Some do not. It is certainly convenient when a consulting firm has an LSRP on staff. But do you have to use your environmental consultant’s in-house LSRP? And should you?
Some people suggest that using an in-house LSRP presents a conflict of interest. ESA does not subscribe to this belief. LSRPs are held to an extremely high standard. Moreover, the LSRP Board is a self-governing and self-regulating body that oversees and even adjudicates alleged violations. LSRPs are expected to exercise thought and action fully independent of their employer.
ESA selects LSRPs based on their level of experience and expertise for a particular project. Nothing is more important than bringing about a favorable outcome for each client. If a client is better served by an outside LSRP, then ESA will not hesitate to employ their services.
FOR MORE TIMELY ARTICLES RELATING TO NJ LSRP, see our Industry Insights section on the topic.