Lessons Learned From Kiddie Kollege Franklin Township New

JerseyDiane M. Pupa, Env. Scientist I

NJ Department of Environmental ProtectionSite Remediation Program

Trenton, N.J. 08628

diane.pupa@dep.state.nj.us609-292-8602

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 Operations-Triggered 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 StateEnv. Protection, Children & Families, Health, Community Affairs, Education

Lead To:1. Legislation (New & Amendments)2. DEP-SRP Programmatic Changes3. 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) 5/09b) 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 REPORTS3,777 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 INJ Department of Environmental Protection

Site Remediation ProgramTrenton, N.J. 08628

diane.pupa@dep.state.nj.us609-292-8602