NJDEP Issues New RAO Notice
By Andrew B. Robins, Esq.
The New Jersey Department of Environmental Protection (“NJDEP”) recently issued a new Response Action Outcome (“RAO”) notice, titled “Sediment Contamination From an Off-Site Source Not Remediated – General,” which is the latest addition to NJDEP’s library of RAO notices. The new notice permits Licensed Site Remediation Professionals (“LSRPs”) to issue an RAO at a site with sediment contamination if the sediment contamination results from off-site sources.
According to NJDEP, this Notice can only be used once a Preliminary Assessment and Site Investigation (“PA/SI”) has been conducted that confirms that the source of the sediment contamination is off-site and is not related to the site being evaluated. After the evaluation is completed, the off-site source must be reported to NJDEP along with the newly created incident number. LSRP’s are permitted to use another site’s identifying information if that other site is known to be the source of the sediment contamination and is undergoing an investigation and/or remediation.
The new notice is likely intended to simplify the RAO process due to the increased attention placed on sediment sites throughout the country.
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