Green Jersey

N.J. plan to speed toxic cleanups headed to legislature

by Jennifer Weiss

A plan that would let private contractors oversee toxic cleanups in New Jersey is on its way to the legislature after being approved unanimously yesterday in a joint session of Assembly and Senate committees, over the concerns of opponents who say this is not the makeover the state’s site remediation program needs.

The plan would put Licensed Site Professionals, or LSPs, in charge of cleanups. It is modeled after a similar program in place in Massachusetts since 1993.

The Sierra Club, New Jersey Environmental Federation and other groups believe a lack of oversight will lead to shoddy jobs. They also point to the seeming conflict involved when people retained by those with an interest in the cleanup are handling and certifying the work.

Supporters of the new plan point to a downsized DEP and massive backlog of polluted sites (20,000-plus), as well as the experience of the engineers who would work as LSPs — and could face significant criminal or civil penalties and fines if they screw up.

“I think [environmentalists'] concern is that the Licensed Site Professionals will not handle things in a professional way, but will be irresponsible and just allow anything to occur, and I just don’t believe that will happen,” Assemblyman John McKeon (D-Essex), chairman of the Assembly Environment and Solid Waste committee, said today in an interview. “That’s not been the experience in Massachusetts, and I don’t think it’ll be the experience in New Jersey, particularly in light of the penalties and significant regulation.”

But opponents say state regulation would not be significant, and would allow companies to simply “pave and wave,” or apply a cap to a hazardous site instead of remediating it properly. Under the plan, the state would audit only a limited number of cases.

“Faster isn’t cleaner, and in too many cases will be dirtier,” said David Pringle, campaign director for the New Jersey Environmental Federation, who called the plan a potential trainwreck-in-the-making. “It doesn’t have to be an either-or — cleanups can and need to be faster and cleaner. The governor for poor political reasons is pushing legislators to make a false choice.”

Also opposing the plan: the union that represents DEP remediation program workers.

Sen. Bob Smith (D-Middlesex, chairman of the Senate committee, told the Star-Ledger for an article in today’s paper that companies can “pave and wave” under existing law, “but under the new law, the DEP can require the polluter take out the hot spots. This is so much more protective, and I don’t know how many times I can say it to the environmental community.”

The Assembly Environment and Solid Waste committee and Senate Environment Committee voted yesterday on the plan, contained in bills sponsored by Smith and McKeon, S1897/A2962.