GOVERNMENT
GOVERNMENT
DEP Commissioner Answers Questions from Industry Leaders
By Diane Walsh Editor , COMMERCE
If there were any doubts , Commissioner Shawn M . LaTourette of the New Jersey Department of Environmental Protection quashed them when he admitted he ’ s a “ systems-oriented person ,” while discussing a restructuring and several new initiatives within the department during an update with CIANJ .
The commissioner is beginning his fourth year heading the department in charge of protecting the public ’ s health and ensuring the quality of the state ’ s air , land , water , natural resources , and historic sites . CIANJ President Anthony Russo posed questions to the commissioner during the program , drawing on issues identified by engineers , environmental attorneys , contractors , licensed site remediation professionals and others working in the environmental business industry .
Foremost on their minds was news that Deputy Commissioner Sean Moriarty is leaving the department . LaTourette noted that he and Moriarty joined the department on the same day in 2018 . Back then LaTourette was chief legal and regulatory policy adviser to then Commissioner Catherine McCabe , who left 2021 . Both men are attorneys with extensive experience in environmental law .
As deputy commissioner , Moriarty leads the DEP ’ s internal legal team on all matters of regulatory compliance and rule-making , overseeing the Office of Enforcement Policy . Even though LaTourette said he is “ loathe to see him go ,” the commissioner said a restructuring is afoot in the department . It ’ s his plan to develop a more definitive and concerted legal and regulatory affairs unit . Paul Stofa , department ’ s chief counsel , will transition to oversee it .
Moriarty ’ s responsibilities also had extended beyond legal and regulatory affairs in recent years . The commissioner said many members of Moriarty ’ s team will directly report to him now . LaTourette said the new deputy commissioner will have a “ different portfolio ,” reflecting a reorganization within the department . He also advised the CIANJ members they will likely deal more with Kimberly Cahall , the department ’ s chief enforcement officer . “ She is another shining star ,” LaTourette said .
His focus has been on building an infrastructure to withstand change within the department . “ I think we ’ ll see it pay dividends in a seamless transition .”
Licensed Site Remediation Professionals ( LSRP )
New Jersey ’ s 12-year-old LSRP program was lauded by LaTourette as an “ overwhelming success .” It was conceived as an innovative way of dealing with the tremendous backlog of contaminated sites that needed DEP ’ s attention . The state relies on these specially trained and accredited LSRPs to evaluate sites , devise remediation action plans and oversee their clean-up .
The commissioner is so pleased with the pace of the LSRP operation that he wants to “ lean into that .” There are new plans for a restructuring of the site remediation program and it will depend greatly on the LSRPs . “ I care a lot about organizational structure and ensuring that we are set up for success … and we don ’ t adhere to the old models either organizationally or as a matter of procedure , just because they exist ,” he said .
LaTourette said the restructuring will encompass the “ independent professional judgment initiative ” and new instruction and guidance will be forthcoming . “ What we ’ re trying to do is improve the process and improve the outcomes ,” he added .
Dirty Dirt Law
Four years ago , a new law was put into effect , aimed at companies that handle the disposal of soil and fill that can be recycled . It ’ s been dubbed the “ Dirty Dirt ” law and it requires these businesses to also apply for a A-901 license for the proper handling of the material . Lawmakers drafted the legislation to protect against illegal dumping and improper handling of contaminated material and waste . But since it was enacted , it has set off alarm bells with many companies , such as landscapers , home remodeling businesses , even plumbers and electricians , who are concerned they could be erroneously subjected to the new regulations .
When Russo asked LaTourette for a status update on the law , the commissioner acknowledged the environmental business community ’ s widespread concern . He also emphasized that his department is considering all the issued raised by Russo and other advocacy groups . The commissioner said even though “ I don ’ t have a specific timeline ,” the legal review of the law is ongoing and he expects to have the regulations for implementation completed by the end of the second quarter . “ That ’ s my goal , whether the rest of the apparatus is so aligned , I don ’ t get to control . But I ’ ll be pushing where I need to be ,” he said .
Brownfield Redevelopment
New Jersey may be known as the Garden State but it has a rich and long history as an industrial hub on the East Coast . An unfortunate consequence of
Shawn M . LaTourette , Commissioner of the New Jersey Department of Environmental Protection
that history is an abundance of brownfields – sites contaminated by the residue of the industrial age or later development that left hazardous material .
The DEP created a brownfield redevelopment program to assist and encourage reclaiming these sites and clearing them of pollutants . LaTourette said there plans to expand the program . He described it as a gateway to addition funding that can help in site remediation . He encouraged the CIANJ audience to explore how brownfield programs can assist them .
Stakeholder Input
CIANJ President Russo also asked the commissioner to give the environmental business community a clearer picture of its role as “ stakeholders ” in the DEP process of developing rules and regulations . Often times , the department invites stakeholders to comment as it is developing new concepts and policies .
The commissioner maintained there was confusion among the environmental business community about the stakeholders ’ role . He said the precise language of new rules will never be shared prior to their publication . “ I don ’ t understand why that was ever a thing ,” he said .
Budget Hearings
Each department within the state government will soon be asked to appear before the Legislature to discuss their budget requests . The commissioner urged all parties within the environmental business community to reach out to state lawmakers and voice their support for the DEP programs and initiatives funded by the budget . LaTourette said lawmakers want to hear from those most affected by their budget decisions . “ That engagement should be had by groups like this ,” the commissioner said .
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