N.J. Admin. Code § 7:26I-6.3

Current through Register Vol. 57, No. 1, January 6, 2025

Section 7:26I-6.3 - Professional competency

(a) An LSRP shall know and apply the applicable statutes, rules, regulations, and appropriate guidance concerning the remediation of contaminated sites including, but not limited to, the remediation requirements set forth at N.J.S.A. 58:10C-14.c:

1. The health risk and environmental standards established pursuant to N.J.S.A. 58:10B-12;

2. The Remediation Standards rules at N.J.A.C. 7:26D;

3. The indoor air standards adopted by the Department of Health pursuant to N.J.S.A. 52:27D-130.4;

4. The Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E;

5. The Administrative Requirements for the Remediation of Contaminated Sites rules at N.J.A.C. 7:26C;

6. The rules adopted by the Board pursuant to sections 5 and 6 at P.L. 2009, c. 60(N.J.S.A. 58:10C-5 and 6);

7. The mandatory remediation timeframes and expedited site-specific timeframes adopted by the Department pursuant to N.J.S.A. 58:10C-28;

8. The presumptive remedies adopted by the Department pursuant to N.J.S.A. 58:10B-12; and

9. Any other applicable standards, rules, or regulations adopted pursuant to law.

(b) An LSRP shall apply any available and appropriate technical guidance concerning site remediation as issued by the Department.

(c) When there is no specific guidance issued by the Department, or in the independent professional judgment of the LSRP, the guidance issued by the Department is inappropriate or unnecessary to meet the remediation requirements listed at (a) above, the LSRP may use the following additional guidance provided that the LSRP includes in the appropriate report a written scientific, technical, or other rationale concerning why the guidance issued by the Department is inappropriate or unnecessary to meet the remediation requirements listed at (a) above, and justifies the use of the guidance or methods that were utilized.

1. Any relevant guidance from the U.S. Environmental Protection Agency or other states; and

2. Any other relevant, applicable, and appropriate methods and practices to ensure the protection of public health and safety and the environment.

(d) An LSRP shall exercise reasonable care and diligence, and shall apply the knowledge and skill ordinarily exercised by LSRPs in good standing practicing in the State at the time the services are performed.

(e) An LSRP shall not provide professional services outside his or her areas of professional competence, unless the LSRP has relied upon the technical assistance of another professional whom the LSRP has reasonably determined to be qualified by education, training, and experience.

(f) An LSRP shall not install, close, test the tank of, or analyze the corrosion protection system of an underground storage tank system regulated pursuant to N.J.S.A. 58:10A-21 et seq., or install, close, test the tank of, or analyze the corrosion protection system of an unregulated heating oil tank system, or otherwise provide underground storage tank services, unless he or she is certified to do so in accordance with N.J.A.C. 7:14B-13 and 16.

N.J. Admin. Code § 7:26I-6.3

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

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