Lessons Learned From Kiddie Kollege Franklin Township New

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. . 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 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 200 ft 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: 26 E) • 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 Ø Licensing of Environmental Professionals Conducting Indoor Air Evaluation Ø “Site Specific” Stds Based on # of Children & Age of Children (cancer and non-cancer health effects risk) Ø 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 Ø 3, 777 Received • • 3, 229 Closed 481 Active 66 Withdrawn 1 Rescinded GRANT PROGRAM § $2. 5 M 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 (p. H, 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 diane. pupa@dep. state. nj. us 609 -292 -8602