For Immediate Release

Gov. Signs Sellout Site Remediation Law, Shuts Public Out of Cleanups

Governor Phil Murphy today signed into law A5293 (Pinkin)/S3682 (Smith) concerning regulation of solid waste, hazardous waste, and soil and fill recycling industries. The law makes several changes to regulations governing remediation of contaminated sites. The law amends aspects of the state’s LSRP (Licensed Site Remediation Specialists) program overseeing site cleanups.

“Gov. Murphy has sided with polluters and developers over the people when it comes to cleaning up toxic sites. This law get rids of transparency and does not hold LSRPs accountable. If there is a mistake or deliberate spill or accident caused by a private contractor, they will not be held responsible. Murphy sold out our environment and communities by signing this law,” said Jeff Tittel, director of the New Jersey Sierra Club. “Cleanup plans that should be developed through an open, transparent process will still be handled behind closed doors. Instead, under the new law, the public will continue to be shut out of the process and private contractors will not be held accountable. This is bad policy at its finest.”

The LSRP program has been in place for 10 years. LSRPs are private contractors and engineers who work for developers and polluters. They oversee cleanup projects within a privatized system that does not provide enough accountability. The law gives LSRP’s too much control over cleanups without oversight.

“The public does not have a voice in what’s happening to their communities and in some cases to their own property. They are not able to access all of the cleanup documents that are directly affecting their lives. The LSRP decides how to clean the site, and if something goes wrong, the public has nowhere to turn. It’s a privatized system that shuts the public out of the process,” said Tittel. “This is the fox guarding the henhouse, the fox writing plans for the henhouse, the fox building the henhouse and the fox saying the henhouse is safe.”

The development of the new law did not include the public, or people living on contaminated sites who have the most at stake. Instead it was a privatized process that included LSRPs, engineers, developers and polluters. That lack of public input contributed to legislation that favored the protection of LSRPs and polluters over the public interest.

“Under the new law, DEP has limited authority over cleanup of RCRA (Resource Conservation and Recovery Act) sites. These are some of the most contaminated sites in New Jersey, nearly to the level of a Superfund site. The law undermines state action on these RCRA sites, similar to Pompton Lakes, where rezoning will allow homes and businesses to be built on top of a toxic plume on the DuPont site,” said Tittel. “This law was written by LSRPs behind closed doors. The public, including people who live on contaminated sites and are most affected by the pollution, were left out. LSRPs will not be accountable for any violation based on data or documents from another source, or even themselves, even if the violation is deliberate. That’s like letting President Trump off the hook because he relied on Fox News for his facts.”

Under the LSRP thousands of sites have been cleaned up to a level allowing for development. What isn’t clear is whether these sites have been fully cleaned up to address groundwater pollution. Communities on and around these sites will continue to be harmed by the pollution without a complete cleanup.

“What we see in this law is limiting liability and giving liability relief. There is no transparency in the process, and we do not know if these are sites are being appropriately cleaned up. On paper, thousands of sites have been cleaned up under the LSRP law, which is good for developers. However we do not know if those cleanups have included groundwater pollution to protect the communities near those sites. There is no public scrutiny of the cleanups or cleanup standards,” said Tittel.

When the site remediation law was passed 10 years ago, the DEP was supposed to come up with a priority list of the sites that most urgently needed cleanup. They were also supposed to take over the 300 worst sites to facilitate cleanup. They have yet to do either of those things. There are an estimated 3,500 sites in New Jersey where the groundwater is contaminated within the time of travel to drinking water wells.

“By signing this bill, the Governor has undermined cleaning up toxic sites and will cause more pollution in our communities and environment. New Jersey still has dozens of contaminated sites across the country that are not being cleaned up. Under the new law, the private contractor will pick the remedy and certify that it is clean. Under the original LSRP law DEP was supposed to develop a priority list of cleanup sites and take over the 300 worst sites but that still hasn’t happened,” said Jeff TIttel, director of the New Jersey Sierra Club. “This shameful law lacks transparency and accountability, and will only continue to jeopardize public health and safety in cleaning up toxic sites.”