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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
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)
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 [email protected]
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