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Lessons Learned From Kiddie Kollege Franklin Township New Jersey

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 diane.pupa@dep.state.nj.us 609-292-8602. In A Nut Shell.

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Lessons Learned From Kiddie Kollege Franklin Township New Jersey

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  1. 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 diane.pupa@dep.state.nj.us 609-292-8602

  2. 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

  3. 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: • Legislation (New & Amendments) • DEP-SRP Programmatic Changes • Inter-Agency Changes

  4. LEGISLATIVE REFORMS • NEW Madden Bill (P.L. 2007 c.1) • Evaluation & Overhaul of DEP’s - SRP • Site Remediation Reform Act (SRRA) 5/09 • Licensed Site Remediation Professional (LSRP) • Amendments to Existing Rules: • DEP: Remedy Selection, Expanded Public Notification, Sensitive Populations, Brownfields, ISRA, UST • DCF : Child Care Licensing Rules

  5. 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

  6. 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

  7. 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)

  8. 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

  9. 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.)

  10. 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)

  11. DEP’s New Child Care Program NJDEP Child Care/Educational Facility Unit Created 6-1-07; Staff of 15 • NJDEP Approves ALL Centers BeforeDCF 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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 diane.pupa@dep.state.nj.us 609-292-8602

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