N.J. Admin. Code § 7:26I-6.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26I-6.8 - Exercise of independent professional judgment

(a) An LSRP shall exercise independent professional judgment, apply appropriate guidance, and comply with the requirements and procedures set forth in the SRRA and any rule, regulation, and order adopted or issued pursuant thereto. In the exercise of independent professional judgment an LSRP shall:

1. Apply independent professional judgment to all actions during the entire course of the remediation;

2. Describe and document the LSRP's decision-making;

3. Provide documentation of the scientific, technical, or other factors supporting his or her decision to vary from regulations or deviate from guidance when performing remediation;

4. Make decisions and conduct remediation free from outside influence that is not protective of public health and safety and the environment; and

5. Be responsible for the decisions he or she makes even when the LSRP considers information, advice, and opinions of others.

(b) An LSRP shall notify the person responsible for conducting the remediation, in writing, when in his or her independent professional judgment based on site history any one or more applicable regulatory timeframes referenced at N.J.A.C. 7:26C-3 is unlikely to be met.

(c) An LSRP shall notify the person responsible for conducting the remediation and the Department, in writing, on the appropriate form provided by the Department, when in his or her independent professional judgment based on site history any one or more applicable mandatory or expedited site-specific timeframes referenced at N.J.A.C. 7:26C-3 is unlikely to be met.

(d) An LSRP shall make a good faith and reasonable effort to identify and obtain the relevant and material facts, data, reports, and other information evidencing conditions at a contaminated site for which he or she is retained that are in the possession of the owner of the property, the Department, or that are otherwise available, and identify and obtain additional data and other information that the LSRP deems necessary.

(e) An LSRP shall disclose and explain in any document submitted to the Department any facts, data, information, qualifications, or limitations the LSRP knows that do not support the conclusions reached in the document.

N.J. Admin. Code § 7:26I-6.8

Adopted by 48 N.J.R. 45(a), effective 1/4/2016

Amended by 55 N.J.R. 2324(b), effective 11/20/2023