New Jersey § 58:10c-16

§ 58:10c-16.

a. A licensed site remediation professional's highest priority in the performance

of professional services shall be the protection of public health and safety and the

environment. b. A licensed site remediation professional shall exercise reasonable care and diligence,

and shall apply the knowledge and skill ordinarily exercised by licensed site remediation

professionals in good standing practicing in the State at the time the services are

performed. c. A licensed site remediation professional shall not provide professional services

outside the areas of professional competency, unless the licensed site remediation

professional has relied upon the technical assistance of another professional whom

the licensed site remediation professional has reasonably determined to be qualified

by education, training, and experience. A licensed site remediation professional shall not perform services that constitute

the practice of professional engineering unless the licensed site remediation professional

is a professional engineer licensed in the State. d. A licensed site remediation professional retained by a person responsible for conducting

the remediation shall notify the department within 15 calendar days after being retained. In addition, a licensed site remediation professional shall notify the department

within 15 calendar days after being released from responsibility for a remediation

if the release occurs prior to issuance of the response action outcome for the site

by the licensed site remediation professional. e. A licensed site remediation professional and the person responsible for conducting

the remediation shall correct any deficiency the department identifies in a document

submitted concerning a remediation. The deficiency shall be corrected in accordance with timeframes established by the

department. f. A licensed site remediation professional may complete any phase of remediation

based on remediation work performed under the supervision of another licensed site

remediation professional, provided that the licensed site remediation professional:

(1) reviews all available documentation on which he relies; (2) conducts a site visit

to observe current conditions and to verify the status of as much of the work as is

reasonably observable; and (3) concludes, in the exercise of independent professional

judgment, that there is sufficient information upon which to complete any additional

phase of remediation and prepare workplans and reports related thereto. g. A licensed site remediation professional who has taken over the responsibility

for the remediation of a contaminated site from another licensed site remediation

professional shall correct all deficiencies in a document submitted by the previous

licensed site remediation professional identified by the department in accordance

with timeframes established by the department. h. A licensed site remediation professional shall not certify any document submitted

to the department unless the licensed site remediation professional : (1) believes that the information in the submission is true, accurate, and complete;

and (2) has managed, supervised or performed the work that is the basis of the submission,

or has periodically reviewed and evaluated the work performed by other persons that

forms the basis for the information in the submission, or has completed the work of

another licensed site remediation professional and has concluded such work is reliable

pursuant to subsection f. of this section. A licensed site remediation professional shall not knowingly make any false statement,

representation, or certification in any document or information required to be submitted

to the board or the department. i. A licensed site remediation professional shall exercise independent professional

judgment, comply with the requirements and procedures set forth in the provisions

of P.L.2009, c. 60 ( C.58:10C-1 et al.), 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 is retained that is in possession of the owner of the property, or that is otherwise available,

and identify and obtain whatever additional data and other information as the licensed

site remediation professional deems necessary. The licensed site remediation professional shall disclose and explain in any document

submitted to the department any facts, data, information, qualifications, or limitations

known by the licensed site remediation professional that are not supportive of the

conclusions reached in the document. j. If a licensed site remediation professional obtains specific knowledge of a condition that in his independent professional judgment is an immediate environmental concern,

then the licensed site remediation professional shall: (1) immediately verbally advise , and confirm in writing to, the person responsible for conducting the remediation of that person's duty to notify

the department of the condition , provided the person is known to the licensed site remediation professional ; and (2) immediately notify the department of the condition by calling the department's

telephone hotline. k. If a licensed site remediation professional retained to perform remediation at a site or any portion of a site obtains specific knowledge that a discharge has occurred at any location on the site , the licensed site remediation professional shall: (1) notify the person responsible

for conducting the remediation of the existence of the discharge; and (2) notify

the department of the discharge by calling the department's telephone hotline. The person responsible for conducting the remediation shall also be responsible

for notifying the department of the existence of the discharge. The provisions of this subsection shall not apply to a discharge that may be a result

of the existence of historic fill material. l . If a licensed site remediation professional learns of an action or decision by a

client that results in a deviation from the remedial action workplan or other report

concerning the remediation developed by the licensed site remediation professional,

the licensed site remediation professional shall promptly notify the client and the

department, in writing, of the deviation. m. A licensed site remediation professional shall not reveal information obtained

in a professional capacity, except as may be authorized or required by law, without

the prior consent of the client, if the client has notified the licensed site remediation

professional, in writing, that the information is confidential. The provisions of this subsection shall not apply to information that is in the

public domain. n. A licensed site remediation professional who learns of material facts, data or

other information subsequent to the completion of a report concerning a phase of remediation,

which would result in a report with material differences from the report submitted,

shall promptly notify the client and the department in writing of those facts, data,

information, and circumstances. o . A licensed site remediation professional who succeeds another licensed site remediation

professional before the issuance of a response action outcome, and who learns of material

facts, data or other information concerning a phase of the remediation for which a

report was submitted to the department and the material facts, data or other information

were not disclosed in the report, shall promptly notify the client and the department

in writing of those facts, data, information, and circumstances. p. A licensed site remediation professional shall not allow the use of his name by

a person, and shall not associate with a person in a business venture, if the licensed

site remediation professional knows or should know that the person engages in fraudulent

or dishonest business or professional practices regarding the professional responsibilities

of a licensed site remediation professional. q. A licensed site remediation professional shall cooperate in an investigation by

the board or the department by promptly furnishing, in response to formal requests,

orders or subpoenas, any information the board or the department, or persons duly

authorized by the board or the department, deems necessary to perform its duties. In an investigation by the board of a license application or a license suspension

or revocation, a licensed site remediation professional shall not: (1) knowingly make a false statement of material fact; (2) fail to disclose a fact necessary to correct a material misunderstanding known

by the licensed site remediation professional to have arisen in the matter; (3) knowingly and materially falsify, tamper with, alter, conceal, or destroy any

document, data record, remedial system, or monitoring device that is relevant to the

investigation, without obtaining the prior approval of the department; or (4) knowingly allow or tolerate any employee, agent, or contractor of the licensed

site remediation professional to engage in any of the foregoing activities. r. A licensed site remediation professional shall be jointly responsible for a violation

of any provision of this section committed by another licensed site remediation professional

whose work he supervises or reviews if: (1) the licensed site remediation professional orders, directs, or agrees to the provision

of professional services conducted or prepared by another licensed site remediation

professional under his supervision; (2) the licensed site remediation professional knows that the professional services

constitute a violation of this section; and (3) the licensed site remediation professional fails to take reasonable steps to avoid

or mitigate the violation. s. A licensed site remediation professional shall comply with all conditions imposed

by the board as a result of a license suspension or other disciplinary proceeding

conducted by the board. t. A licensed site remediation professional shall inform a client or prospective client

of any relevant and material assumptions, limitations, or qualifications underlying

their communication. Evidence that a licensed site remediation professional has provided the client or

prospective client with timely written documentation of these assumptions, limitations,

or qualifications shall be deemed by the board or the department to have satisfied

the requirements of this subsection. u. A licensed site remediation professional shall not state or imply, as an inducement

or a threat to a client or prospective client, an ability to improperly influence

a government agency or official. v. In any description of qualifications, experience, or ability to provide services,

a licensed site remediation professional shall not knowingly: (1) make a material misrepresentation of fact; (2) omit a fact when the omission results in a materially misleading description;

or (3) make a statement that, in the opinion of the board, is likely to create an unjustified

expectation about results the licensed site remediation professional may achieve,

or state or imply that the licensed site remediation professional may achieve results

by means that violate the provisions of applicable environmental statutes, rules or

regulations, including the provisions of P.L.2009, c. 60 ( C.58:10C-1 et al.). w. A licensed site remediation professional shall provide any notification to the

board or the department required pursuant to this section, even if the licensed site

remediation professional is discharged by the client prior to doing so. x. A licensed site remediation professional shall not accept compensation, financial

or otherwise, for professional services pertaining to a contaminated site from two

or more persons whose interests are adverse or conflicting unless the circumstances

are fully disclosed and agreed to by all clients engaging the licensed site remediation

professional. y. A licensed site remediation professional shall not be a salaried employee of the

person responsible for conducting the remediation, or any related entities, for which

the licensed site remediation professional is providing remediation services. z. A licensed site remediation professional shall not allow any ownership interest,

compensation, or promise of continued employment, of the licensed site remediation

professional or any immediate family member, to affect the professional services provided

by the licensed site remediation professional. aa. Except as provided in subsection d. of section 30 of P.L.2009, c. 60 ( C.58:10B-1.3 ), a licensed site remediation professional shall not facilitate, aid, assist, or

cooperate with any person in retaining or arranging for the retention of any person

who is not a licensed site remediation professional to perform remediation, unless

the remediation is managed, supervised, or periodically reviewed and evaluated by

a licensed site remediation professional retained for that purpose, and the department

has been notified of the retention. bb. Except as provided in subsection d. of section 30 of P.L.2009, c. 60 ( C.58:10B-1.3 ), a licensed site remediation professional shall not manage, supervise, perform,

engage, or participate in remediation unless: (1) the licensed site remediation professional has been retained by a person responsible

for conducting the remediation, and the department has been notified of the retention;

or (2) the remediation is being managed, supervised, or performed by another licensed

site remediation professional retained by the person responsible for conducting the

remediation, and the department has been notified of the retention of the other licensed

site remediation professional.