Transcript PowerPoint Slides from D. Pupa New Jersey DEP

Lessons Learned From Kiddie Kollege
Franklin Township New Jersey
Diane M. Pupa, Env. Scientist I
NJ Department of Environmental Protection
Site Remediation Program
Trenton, N.J. 08628
[email protected]
609-292-8602
In A Nut Shell..
A Child Care Center Opened on a Former Thermometer
Factory….How It Opened was the Perfect Storm!
• Accutherm (Thermometer Factory ’84-’94): Ceased OperationsTriggered a Cleanup But Walked Away -Bankrupt
• NJDEP Issued Directives but No Work Done (Bankrupt)
• Property Lay Vacant for Years…until..
• Property Turned Over Via Foreclosure @Tax Sale ’94 & 97
• Due Diligence Not Performed by New Owner
• EPA Report Concluded Following Removal Action: No Immediate
Threat to HH & Env.-Taken Out of Context
• Township Issued Permits to Convert To CCC –Opened ‘04
•
DEP Conducted Routine Inspection & Found Child
•
Care Center Open – Closed July 2006
New Reforms In New Jersey
Gov. Created Inter-Agency TASK FORCE
”What Went Wrong” & “How Can We Prevent It”
Task Force - 5 Departments of State
Env. Protection, Children & Families, Health, Community Affairs, Education
Lead To:
1. Legislation (New & Amendments)
2. DEP-SRP Programmatic Changes
3. Inter-Agency Changes
LEGISLATIVE REFORMS
1. NEW Madden Bill (P.L. 2007 c.1)
2. Evaluation & Overhaul of DEP’s - SRP
a) Site Remediation Reform Act (SRRA) 5/09
b) Licensed Site Remediation Professional (LSRP)
3. Amendments to Existing Rules:
a) DEP: Remedy Selection, Expanded Public
Notification, Sensitive Populations, Brownfields,
ISRA, UST
b) DCF : Child Care Licensing Rules
DEP- SRP Programmatic Changes
• NEW Contaminated Site Ranking System
New Priorities, esp. Residential, Child Care, Schools (Sensitive
Populations)
• NEW Grace Period Rule (Last Call for Compliance)
• Expanded Public Notification Rule
(ID Sensitive Pop’s w/in 200ft of Remediation)
• NEW-Remedy Selection Process- DEP No
Longer Precluded
DEP- SRP Programmatic Changes
• Increase Internet Access to Contaminated Site Info
• Expanding Case Tracking System of Sites
• Improved Long-Term Tracking of Engineering &
Institutional Controls (Cap & Deed Notices)…
NEW Permit Process …As Ownership Changed Over
Time, Restrictions Got Lost
• NEW Environmental Insurance Protects Against
Remedy Failure
DEP- SRP Programmatic Changes
NEW: Licensed Site Remediation Professional (LSRP)
• Modeled after Massachusetts Program
• Establishes a LSRP Board For Oversight
• Professionals “NFA” Sites; NJDEP “Reviews” Cleanups
Done By LSRP
• All Sites Must Hire LSRP May 2012
• Estab. Mandatory & Regulatory Timeframes
(Investigation & Cleanup; Notification, Extensions)
Child Care Specific
Madden Bill Legislation:
• Bldgs To Be Used for Child Care/Educational
Purposes:
undergoing renovation, alteration, new construction or change in
use…on:
• a contaminated site, or
• suspected contaminated site, or
• certain type of Uniform Construction Code (Factory, High Haz,
Storage, B-Nail Salon/Dry Cleaners, M-Gas Station) …
CAN NOT get a Certificate of Occupancy or Construction Permit
w/o getting a No Further Action Letter from DEP
– Mandated Dept. Health & Senior Services to Adopt
Regulations For Evaluation of Indoor Air & Set Standards
(MCL’s) for Bldg Interiors
Child Care Specific
NJ Dept. of Children & Families (Licensing)
– Amended Regs to Include Environmental Assessment of
ALL Licensed Child Care Center’s (existing & new)
– Centers Co-located w/ DC or Nail Salon MUST Evaluate IA
• Assessment includes:
– DEP (exterior)
• Preliminary Assessment Report (NJAC 7:26E)
• Evaluation of Direct Contact Exposure (Play Areas)
• Evaluation of Drinking Water Quality (CWS &/or Private Well)
– DHSS (interior)
• Indoor Air Env. Health Assessment
(VOC’s, Organics, Pb, Metals, Formaldehyde, Pesticides, Mold, ACM,
Rn, Dust, Water Intrusion, etc.)
Child Care Specific
NJ Department of Health & Senior Services
– Increased Indoor Environments Program Staff
– Adopted New Regs ..Sept. 09
 Licensing of Environmental Professionals Conducting
Indoor Air Evaluation
 “Site Specific” Stds Based on # of Children & Age of
Children (cancer and non-cancer health effects risk)
 Includes Enforcement & Penalties
– DHSS Issues “Clearance” Letters used in DCF Licensing
Process (based on walk-through and/or IA Evaluation)
DEP’s New Child Care Program
NJDEP Child Care/Educational Facility Unit
Created 6-1-07; Staff of 15
• NJDEP Approves ALL Centers Before DCF Issues a
License
• PA Evaluates Play Areas & DW, Proximity to
Contaminated Sites/Regional GW Plumes, etc.
• Questionable Operational History Referred to DHSS
for Indoor Air Evaluation (UCC’s, Funeral Homes, Printing
Shops, etc.)
• Child Care Grant Reimbursement Program
•
NEW Child Care Spatial Data Layer on i-Map
Child Care Unit Stats
June 1, 2007 – June 1, 2010
(3 YR License Cycle)
PRELIMINARY ASSESSMENT REPORTS
 3,777 Received
•
•
•
•
3,229 Closed
481 Active
66 Withdrawn
1 Rescinded
GRANT PROGRAM
 $2.5M Reimbursed to Child Care Center Owners
 1,666 Applications Processed
Child Care Center Stats
Drinking Water
– Most Centers Served By Com. Water Systems
(Regulated under NJAC 7:10-1 et seq)
– 230 Centers (6% ) Submitted DW Results (Wells)
– 126 Centers (55% ) Had Some Issue; Most Were
Secondary Contaminants (pH, hardness, etc)
– (11) As, (9) Radiological MCL’s - (both naturally
occurring in NJ)
– (12) Pb & Cu Action Level (AL) –Treatment or
Replacing Plumbing Fixtures
Child Care Center Stats
Soil Sampling SI Results
– 33 Centers (1%) Revealed Contamination
– 29 Undergoing Remediation
– Common Contaminants:
– Historic Fill (PAH’s)
– Pb
– As
– Pesticides
– PCB’s
– Remediation Type: Cut & Scrape, or Cap
Dept of Health Results (DHSS)
Indoor Air Results:
•
•
•
•
2851 Centers
507 Centers (18%) Sampled Including Co-Location
275 Centers (54% ) on Continued Monitoring
Common Contaminants:
–
–
–
–
–
1,4 DCB (bathroom deodorizers, mothballs, air fresheners)
Methylene Chloride (paint strippers, pesticides, aerosol products)
Formaldehyde (paints, funeral operations)
BTEX (gasoline, glues, paints, furniture wax, detergents)
PCE, TCE (solvents, degreasers, dry cleaning)
• 6 Centers (0.2 %) Closed Due to IA Issues
-UST issue, Dry Cleaners, Moth Ball Factory, Funeral Home
•
1582 Centers (55%) w/ Asbestos/Pb Sole Issues Only
THE END
THANK YOU FOR YOUR ATTENTION
Diane M. Pupa, Env. Scientist I
NJ Department of Environmental Protection
Site Remediation Program
Trenton, N.J. 08628
[email protected]
609-292-8602