New Jersey Technical Requirements for Sit R di tiSite Remediation

N.J.A.C. 7:26E-1.4

Notification & Public OutreachNotification & Public OutreachLessons Learned

Background – Hamilton Township WR Grace – Processed Vermiculite (asbestos)( )

EPA Removal Action Trucking route through community with no advance notice

American Standard Site received PCB-contaminated concrete materials from

former Ford Motor Company SiteC t i l R d l t Controversial Redevelopment

Sayen Gardens- Public ParkF i d t i l it Former industrial site

Allegations made by former employees of illegal disposal practices

PAH compounds and lead PAH compounds and lead

Legislation & Regulations The Brownfield Act was amended at N.J.S.A.

58:10B-24.3a and b: requiring person responsible for conducting

the remediation to submit written notification.notification.

directing the Department to adopt rules that set forth notice requirements.

Rule Adoption was published in NJ Register on September 2, 2008 – effective date September p , p2, 2009

Goals of the Public Notification d O h dand Outreach Amendments

Keep municipalities informed about cleanupsKeep municipalities informed about cleanups

Encourage dialogue between the remediating party and the community

Proactive notification may help eliminate Proactive notification may help eliminate misperceptions and speculation that can create conflict and unnecessary delays

OutlineOutline

Notification: Letters or Signs Alternative Plan Provision Fact Sheet - Cases with off-site contamination

Sites with Substantial Public Interest Lessons Learned

ExceptionsExceptions

ANY unregulated heating oil tank system

Emergency response actions

N ifi i SiNotification Signs Installed 2 weeks Installed 2 weeks

prior to field activities associated with RemedialRemedial Investigation

Shall remain posted pand maintained until:

Required remediation is completed; and

Final remediation document is fileddocument is filed (RAO) or issued (NFA)

Legible and clearly visible to the public?the public?

Signs • “Environmental Investigation/Cleanup in Progress at This Site”

• Contact Information for the remediating party andthe remediating party and

• The phone number for DEP Office of CommunityOffice of Community Relations (OCR)

• Date the sign is posted

• Preferred ID (PI) Number

Signs - Documentation A photograph of the sign A photograph of the sign

and site information required to be sent to:

NJDEP NJDEP Municipal Clerk Health Officer

Statement that municipalities can receive allmunicipalities can receive all environmental reports upon request

Notification Letters Sent 2 weeks prior to field

activities associated with RI

To the following parties located within 200 feet of the site boundary: Owners and tenants Administrators of

Schools and Child Care Centers

Copy of the letter with list of recipients to: NJDEP Municipal Clerk Health Officer

Notification Letters Include the following information

Name, address, block and lot, and PI number Brief description of type of contamination and

actions being takenactions being taken Contact information for

Remediating PartyRemediating Party DEP Office of Community Relations

Current Remediation Phase Date field activities are expected to begin A statement that the municipality may request

all environmental reports from remediatingall environmental reports from remediating party

Alt ti Pl P i iAlternative Plan Provision

Remediating party may propose a plan for public notice and outreach as an alternative to notification via sign or lettervia sign or letter.

The remediating party may implement an alternative plan if prepared by an LSRP, and that plan meets the intent of this section.

Enhanced Public Outreach Contamination Migrated Off SiteContamination Migrated Off Site

Fact Sheet includes

Industrial history of site Complete description of contamination and p p

actions being taken Date fact sheet is prepared

Contact information for Remediating Party Contact information for Remediating Party

Contact information for the Office of Community Relationsy

Enhanced Public Outreach Contamination Migrated Off Site

Dist ib te Fact Sheet to Distribute Fact Sheet to owners & tenants within 200 feet of the site

Publish Fact Sheet in local paper

Update Fact Sheet when delineation is complete: Redistribute Republish Republish

Additional Public Outreach Sites with Substantial Public InterestSites with Substantial Public Interest Substantial Public Interest

25 residents/employees petition 25 residents/employees petitionor

Local Elected or Appointed Official

Enhanced public notice based on local needs

OCR has received one petition

May be eligible for Technical Assistance Grant

Public Notification Submittal SummarySummary

Total - Approximately 4380 public notificationpublic notification submittals

1800 Notification Signs 2341 Notification Letters2341 Notification Letters 1282 Fact Sheets 49 Requests for Alternative

Plans 1790 Sensitive Population &

Resource Checklists (replaced with receptor

l ti )evaluations)

One Year Later: Lessons Learned

Recei ed o e 4 000 Received over 4,000 submittals in two-week period

Processing/tracking issues due to extremely high volume - QA effort resulted

Submittal requirements differed from all others resulting in confusion

Good faith effort to comply

G l #1 K i i litiGoal #1: Keep municipalities informed about cleanups

Informal Study

Targeted 25 municipalities

Interviewed 17 representatives from Clerk’s Offices to identify if/how the information is b dbeing used.

Asked prepared standardized questions Asked prepared standardized questions

One Year Later Once it was established what we were talking about Once it was established what we were talking about…

Most has system of filing so public access was available upon requestp q

11 had a process to forward to relevant office with the municipality

C t ti Construction Environmental Commission Building Department Mayor’s Officey Director of Health Engineering Department Zoning Department Economic and Housing Department Economic and Housing Department Environmental Specialist Fire Department

Goal #1: Conclusions As intended, the information is forwarded to appropriate municipal end-

user, in most cases

Municipalities have established a system to forward public inquiries to appropriate municipal offices

As intended the information is made available to the public at the local As intended, the information is made available to the public at the local level.

In some cases clerks have reached out to other municipal offices to In some cases, clerks have reached out to other municipal offices to seek clarification or additional information after receiving a submittal.

Some follow-up is taking place

M t id t i thl d ff d Most said system was running smoothly and offered no suggestions for improvements other than:

Require electronic submittals in order to more timely receipt of info. (receive info. before they have public inquiry)

DEP should regularly follow up with municipalities to ensure they received all DEP should regularly follow up with municipalities to ensure they received all Central electronic repository that could be accessed by all involved

Goal #2: Encourage dialogue between the remediating party and g p ythe community

Did not inspire the type of inquiry we set out to encourage

Calls about getting a job,

Calls about renting/buying the building

Encouraging Dialogue -Unintended ConsequencesUnintended Consequences Caller wanting to report price gauging a gas

station with public notification sign postedstation with public notification sign posted.

When the intent of the sign was explained the caller became irate and demanded that action be takenbecame irate and demanded that action be taken

Caller who wanted staff to retrieve his clothes Caller who wanted staff to retrieve his clothes out of a closed dry cleaners where a sign was posted.

Goal #3: Proactive notification may help eliminate misperceptions and speculation that can create conflict and unnecessary delays

Jump to conclusions that things are worseworse

In urban areas with large numbers of In urban areas with large numbers of signs - public is desensitized

Affected real estate transactions

Where to go next?gKaren Kloo, NJDEP, Office of Community Relations (OCR)

609-777-1971609 777 1971Karen.Kloo@dep.state.nj.us

Call OCR with questions or support609 984 3081609-984-3081

Visit Our Website:www.nj.gov/dep/srp/communitywww.nj.gov/dep/srp/community

Public Notification Guidance is posted at http://www.nj.gov/dep/srp/guidance/public_notification