In performing environmental due diligence before implementation of the New Jersey Site Remediation Reform Act (SRRA) on May 7, 2012, the environmental attorney or consultant would file an Open Public Records Act (OPRA) request to the New Jersey Department of Environmental Protection (NJDEP). Prior to SRRA, environmental consultants would periodically submit reports to the NJDEP and obtain feedback from the NJDEP. The ability to conduct OPRA reviews of the NJDEP files meant that private parties had access to all environmental information pertaining to a site which was then available, thereby making the due diligence process relatively seamless and straightforward.
By contrast, after SRRA, there is very little, if any, written feedback from the NJDEP during the cleanup process. Under SRRA, a "licensed site remediation professional" (LSRP) program was established to have licensed professionals oversee the remediation of contaminated properties with limited NJDEP involvement. While there are certain deadlines for submitting forms and reports to the NJDEP, under SRRA and NJDEP’s regulations, there are significant time gaps. Generally, the LSRP is only obligated to forward reports to the NJDEP when the "response action outcome" (RAO) is issued. Thus, environmental due diligence became a more difficult task to perform post-SRRA because the information needed to conduct due diligence is less frequently available and not as regularly filed with the NJDEP.
