Mid Atlantic Real Estate Journal — Mid Year Review — June 28 - July 11, 2013 — A
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L icensed S ite R emediation P rofessionals
By John J. Oberer, LSRP, GZA GeoEnvironmental, Inc. LSRP: The Case for Client Advocacy
I
t has been said, by more than a few that the LSRP Code of Professional Con-
of you would be surprised to learn that LSRPs are able to implement remedies that pre- viously would not have been possible. While LSRPS are not yet able to conduct risk based cleanup actions, there are numerous other tools available to the LSRP, that did not exist just a few years ago, including: presumptive remedies, compliance aver- aging, use of conceptual site models to assess pathways, and use of actual site condi- tions to develop site specific remediation standards (which in itself is a step towards risk
based cleanup). The remediating parties have the ability, as they al- ways have, to develop rela- tionships with remediation professionals, get to know their approach to investiga- tion and remediation, and ultimately to select reme- diation professionals they are comfortable with. Com- petition will select against those professionals who are too conservative for the mar- ketplace to bear. Treating the LSRP as adversarial in the process merely wastes the client’s money. In fact,
under the LSRP program, cleanups can be completed with fewer resources and in far less time (which is critical in due diligence situations) than under the conventional program. You can now sit down with your remediation professional, discuss options, and develop an acceptable so- lution. Because the response action outcome can only be overturned by the NJDEP if it is not protective, there is no argument over whether you needed four samples to complete your delineation instead of three.
Folks in the NJDEP Site Remediation Program will be the first to admit, that after four decades something had to change. All things considered, the LSRP program repre- sents a significant improve- ment to the site investigation and remediation process in New Jersey, and should allow more sites to reach closure with more options and in less time. John J. Oberer, LSRP is associate principal at GZA GeoEnvironmental’s Fort Washington, PA office and Hammonton, NJ office. n
duct, as put forth in the New Jersey Site Remedi- ation Reform Act (SRRA), d e t e r s L i - censed Site Remediation Profession-
John J. Oberer
als (LSRPs) from advocating for their clients. Others have described LSRPs as the foxes watching the proverbial hen- house. Still others view the LSRP as an extension of the NJDEP. But nowhere in the SRRA does it say that the LSRP’s obligation to protect public health and safety and the environment precludes the LSRP from developing solutions that make sense. Compare the LSRP Code of Conduct to that of other professionals, many of whom would be working on these same sites. The first canon of engineering ethics states that “engineers shall hold paramount the safety, health and welfare of the public.” That sounds a lot like the first paragraph of the LSRP Code of Conduct. In fact, the LSRP Code of Conduct does not pre- vent the LSRP from acting in the client’s interest. On the contrary, there are numerous provisions of the Code of Con- duct presented in the SRRA which foster the LSRP-client relationship. Admittedly, some of the confusion over the LSRP role is due to certain report- ing obligations of the LSRP which have been widely mis- interpreted. Consider that the LSRP is obligated under SRRA to report a discharge only if it represents an im- minent threat or unless that LSRP is “responsible” for the site. In essence, the LSRPs discharge reporting obliga- tions are no different from those of the client. Likewise, the LSRP also has reporting requirements with respect to deviations fromwork plans or other reports that are similar to those of the client. The SRRA provides for the use of professional judgment by theLSRPwhenremediating a site. Professional judgment is the most important tool in the LSRP tool box because it allows the LSRP to act in ways that make sense. Many
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