In 2009, the New Jersey Department of Environmental Protection (NJDEP) created the Licensed Site Remediation Professional (LSRP) Program. The Program allows approved environmental professionals to investigate and remediate properties and Areas of Concern (AOC) without NJDEP oversight, subject to possible audit.

Today’s real estate market is largely influenced by environmental concerns. The extensive environmental liabilities resulting from leaking underground storage tanks, buried industrial waste, poor quality fill material, improper handling of hazardous materials, historic PCB usage, and spills have significantly changed the way business is conducted with regard to the ownership, management, and transfer of real property.

AESI employs multiple Licensed Site Remediation Professionals (LSRP), which makes us uniquely qualified to assist clients with a variety of issues. We have provided expert testimony and litigation support on multiple environmental matters, and separately, routinely co-teach a Continuing Legal Education (CLE) class for attorneys on environmental due diligence.

The Industrial Site Remediation Act (ISRA) is triggered through cessation of activity, a sale, or other change in ownership of an industrial property. Facilities with certain North American Industry Classification System (NAICS) codes are subject to ISRA. AESI’s Licensed Site Remediation Professionals (LSRPs) takes property owners through the ISRA process by preparing the required documents for submission to the New Jersey Department of Environmental Protection (NJDEP).

The Occupational Safety and Health Administration (“OSHA”) asbestos rule (29 CFR 1926.1101) became effective July 10, 1995. The rule requires building owners to implement notification, training and record keeping procedures for all buildings constructed prior to 1981. The definition of “Building Owner” includes any legal entity, including a lessee, which exercises control over the management and record keeping functions of a building.

New development properties in lowlands and various flood zones can be strictly regulated with regards to wetlands. Prior to development, property owners are required to perform certain wetland reviews or screenings. Our Wetland Specialists will perform a “walkthrough” wetlands evaluation at the property using the “three-parameter approach” (hydrology, soils and vegetation) pursuant to N.J.A.C. 7:7A et. Seq.

Since the early 1970s, Federal and State environmental chemical discharge acts and regulations have become a part of the many liabilities that owners, operators, and tenants (Responsible Parties (RPs) have had to build into their management process.

Releases of petroleum and other hazardous substances from underground storage tanks (USTs) have been recognized as the most prevalent threats to groundwater quality throughout the country. Product releases at UST sites are caused by a variety of factors including tank failure, piping failure, equipment failure, spills and overfills.

Over the past several years, the awareness of mold and indoor air quality have become a primary focus. Investigation and remediation of water leaks, chemical use, building renovations, floods, and fires have greatly expanded to include indoor air analysis.