Recently, the U.S. EPA released an audit report critical of NJ’s Department of Environmental Protection. This audit report is on the heels of another negative audit report of the DEP’s handling of the remediation of contaminated sites. The most recent audit looked to at whether DEP’s Quality System was in compliance with EPA’s required Quality control systems, whether DEP was implementing their Quality System and whether DEP was insuring that the data from their monitoring projects were adequate. Instead of rehashing the entire report, I want to focus on the EPA’s finding regarding the Site Remediation Program.
None of the Site Remediation Program’s bureaus interviewed do any project assessment and/or process improvement beyond data validation, (i.e. no field audits, no split samples, no internal assessment, etc.) The EPA assessment team was told that Responsible Party contractors and/or NJDEP contractors are “certified professionals and taken at their word.
It is kinda scary to think that DEP has a culture that allows for a complete disregard for the statutory and regulatory requirements. We have seen over the last several years the impacts of DEP not confirming the information they have received from outside contractors. I.e. W.R. Grace, Edison Ford plant, etc.
This audit report should be viewed in light of the recently enacted Licensed Site Professionals Law. The LSP law deputizes outside contractors to decide how contaminated a site is, how best to clean the site and to determine the site is now clean and to issue the equlivant of No Further Action letters. Once the LSP program is up and running will DEP continue to be so trusting?
When the LSP bill was racing through the legislature Environmental Organizations, including the NJEL, strenuously argued that DEP need to engage in aggressive oversight. DEP fought enviros on this as well as enviros’ request that DEP maintain control over the worst sites. The end result is that DEP cannot audit LSPs or even require the LSP board to audit an LSP. DEP can merely recommend that an LSP receive an audit. In fact the DEP’s ability to review or audit a site is mostly limited to document reviews and “shall review the performance of a remediation.” §21b. Another section of the law provides that DEP and LSP board can “investigat[e], sampl[e], inspect[], or copy[] any records, condition, equipment, practice, or property” Even if DEP has the authority, will they overcome their culture of trusting the “professionals” and will they independently verify the information they receive from the professionals to ensure that sites are remediated and the environment and our health are protected.