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

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 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

So What Really Did Go Wrong? Answer: EVERYTHING... It was the Perfect Storm! 1.Multiple Missed Multiple Gov Levels 2.Lack of Communication (Local, County, State, and Federal Level) [HD, OEM, Police, Bldg Insp., Code Enf, DEP, EPA, OSHA] 3.Lack of Due Diligence (Buyer) 4.Differences in Address & Block/Lot (Mailing vs Tax Map) 5.Misinterpretation of Technical EPA 1996 Report- Removal Action-No Immediate Threat to Human Health & Environment 6.Exemption in Zoning (Full Site Plan Not Required) 7.No Notification Requirements 8.Attorney Disbarred (Accutherm) 9.Last Known as VACANT to State & Federal Regulators

LEGISLATIVE REFORMS 1.NEW Madden Bill (P.L c.1) 2.Evaluation & Overhaul of DEPs - 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 Pops 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 (MCLs) for Bldg Interiors

Child Care Specific NJ Dept. of Children & Families (Licensing) – Amended Regs to Include Environmental Assessment of ALL Licensed Child Care Centers (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 (VOCs, 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)

DEPs New Child Care Program NJDEP Child Care/Educational Facility Unit Created ; 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 ( UCCs, 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 MCLs - (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 (PAHs) – Pb – As – Pesticides – PCBs – 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

KIDDIE KOLLEGE UPDATE… After NJDEP & Property Owner were unable to reach agreement re: ACO in 2006 …NJDEP proceeded w/ RI using Public Funds in April 2009, Superior Court ruled ownership back to Accutherm… Demolition & Disposal was the selected Remedial Action for the site …April 2010 the building was razed & 4 septic fields were successfully excavated & removed Wells onsite are in process properly being abandoned NJDEP spent approx $900,000 cleaning up the site A Fall 2010 Trial is scheduled

THE END THANK YOU FOR YOUR ATTENTION Diane M. Pupa, Env. Scientist I NJ Department of Environmental Protection Site Remediation Program Trenton, N.J