NJDEP SRP - Guidance: Guidance for Notification Signs and Letters

Guidance Documents Public Notification & Guidance Notification Signs & Letters

Guidance for Notification Signs and Letters

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Background

The August 2006 amendments to the Brownfields Act, implemented through the new public notification rule, N.J.A.C. 7:26E-1.4(g), provides two options for public notification during remedial work at a contaminated site: the posting of a sign at the site or the sending of periodic notification letters to owners and tenants within 200 feet of the site boundary.

Providing notification at least two weeks prior to field activities will allow the public sufficient opportunity to voice their questions and concerns to the person responsible for conducting the remediation. This will allow the person responsible for conducting the remediation to adequately answer the community’s questions and address the community concerns. By providing public notification prior to commencing field activities, the community will also have the facts, thereby avoiding speculation and undue concern that may arise when remediation work begins at a site.

In certain circumstances, the timeline for Public Notification and Outreach activities triggered by work on a regulated UST has been adjusted to support expedited remedial activity. For further information, see guidance “Revised Public Notification and Outreach Timeline for certain regulated UST work."

What Sites does this Apply To?

The person responsible for conducting the remediation shall provide public notice, either by posting a sign or by sending periodic notification letters, except in the instances of remediation of an underground storage tank storing heating oil for on-site consumption in a one- to four-family residential dwelling or an emergency response action.

Sites where the remedial investigation or single-phase remediation was initiated prior to September 2, 2008, no later than September 2, 2009. Providing a one-year “phase-in” period for sites currently undergoing remediation will afford the person responsible for conducting the remediation time to come into compliance with these new rules. The one year implementation also allows remediating parties time to complete remedial activities that are nearly completed. The Department anticipates some remediations will receive a No Further Action letter within one year of the effective date of these rules, and the notification requirements will not apply to those sites.

Notification Signs

N.J.A.C. 7:26E-1.4(h) sets forth the specific requirements for the posting of signs. At the initiation of the remedial investigation, the person responsible for conducting the remediation will have sufficient information to inform the public about the type of contamination and the media affected at the site. It is at this point in the remediation that potential impacts may arise as community issues, which makes it an ideal time to establish a dialogue between the community and the remediating party.

The sign must be posted no later than two weeks prior to the initiation of any field activities associated with the remedial investigation or the initiation of a single phase remediation at the site, or for sites undergoing remediation as of the effective date of these rules, no later than the effective date of these rules plus one year.
The Department requires that the sign remain posted and be maintained so that it is legible at all times, until such time as the Department issues a No Further Action and Covenant Not to Sue letter.
The sign must be at least two feet by three feet in size and must be readable by the public from the street or sidewalk. The sign must be posted in a place and have sufficient font size so that it is clearly visible to the public.
There is required wording but remediating parties are also free to add language advertising a proposed reuse. The sign must include the telephone numbers for the person responsible for conducting the remediation so that any interested party may obtain additional information about the remediation.

Although not required in the new rules, the Department suggests that the person responsible for conducting the remediation should designate a point of contact to handle public inquiries. The objective in assigning an individual as a point of contact is to act as a primary liaison between the community and the person responsible for conducting the remediation and to ensure prompt, accurate and consistent responses and information dissemination about the site. To enable citizens to get the latest information available, the person responsible for conducting the remediation could consider providing a toll-free “800 number.”

The Department is aware that the posting of any sign can be a sensitive issue for some municipal officials. Accordingly, the person responsible for conducting the remediation must comply with all local laws and requirements relevant to the posting of signs. Informational signs, such as those required under these regulations, may or may not be regulated under municipal codes. However, if a particular municipal code prohibits the posting of signs, even though to post a sign would satisfy the notification requirements of these rules, the person responsible for conducting the remediation would be required to instead send notification letters.

Notification Letters

Instead of posting a sign, the person responsible for conducting the remediation may choose to provide notification by sending letters. N.J.A.C. 7:26E-1.4(i) sets forth the specific requirements associated with notification letters.

The person responsible for conducting the remediation to send notification letters to property owners and tenants located within 200 feet of the site and to school and daycare administrators that are identified on the Sensitive Population and Resource Checklist [pdf].
Notification letters must be sent no later than two weeks prior to the initiation of any field activities associated with the remedial investigation or the initiation of a single phase remediation at the site, or for sites undergoing remediation as of the effective date of these rules, no later than the effective date of these rules plus one year.
Notification letters should also be sent two weeks prior to initiation of field activities associated with the remedial action.
The remediating party is required to send additional notification letters every two years after the initiation of the remedial action until a No Further Action and Covenant Not to Sue Letter is issued by the Department, or on a schedule approved by the Department. These letters must reflect the current condition and the progress of the remediation. This provision ensures that the municipality and the local property owners/tenants remain informed throughout the course of a multi-year remediation project.
Notification letters must be sent by certified mail or by using the certificate of mailing service so that an accurate record of recipients can be made. The list of owners of all real property should be derived from the current municipal tax duplicate that may be obtained from each affected municipality. The current municipal tax duplicate will provide a complete and accurate list of property owners within 200 feet of sites. Address and tax record information is also available through public web pages such as the NJ Association of County Tax Boards (http://www.njactb.org) and at some county clerk/tax board web pages.
A copy of a model notification letter is available at http://www.nj.gov/dep/srp/guidance/public_notification/model_letter.htm

The Department is aware that it may be difficult to identify all the tenants located within 200 feet of a site, particularly when large housing complexes are adjacent to the site. Therefore, person responsible for conducting the remediation can use either “Certified Mail” or the “Certificate of Mailing” process for all required notification done by mail. The United States Postal Service requires completion of Form 3817 when using the “Certificate of Mailing” process. The name of the sender and the name of the recipient are presented to the Post Office when the notice is mailed. The Post Office stamps Form 3817 certifying that it has received the mail and the date it was presented for mailing to the listed recipient. The stamped Certificate of Mailing is retained by the mailer as proof that the piece was mailed. The “Certificate of Mailing” offers an appropriate means for record keeping and allows the person responsible for conducting the remediation to establish a paper trail to prove that letters were sent to those property owners appearing on the lists provided by the municipality. Since the “Certified Mail’ option does not allow for “Occupant” transactions, the “Certificate of Mailing” would be appropriate in situations where there is a large tenant population because the certificate of mailing service allows the person responsible for conducting the remediation to address notices to “Current Occupant” or “Current Resident.”

The “Certificate of Mailing” does not require the recipient to sign for the mail, making it more convenient for both the recipient and the mailer. There is also a cost saving to the person responsible for conducting the remediation who uses the “Certificate of Mailing.” The “Certificate of Mailing” currently costs $1.10 per piece of mail, while the cost of “Certified Mail” is $2.70 per piece of mail. More information about the certificate of mailing service is available on the Unites State Postal Service Web site at www.usps.com/send/waystosendmail/extraservices/certificateofmailingservice.htm.

Notification letters may also provide an opportunity to report on planned remediation activities at a contaminated site and help residents more clearly understand the remediation process. The person conducting the remediation may expand the required language to best fit the individual site and the community’s needs. For example, the notification letter can include information about the intended reuse of the property. Notification letters can also describe timeframes, and/or hours and types of site activities. For example, the generation of dust during site activities is a common public concern. If notification letters included language describing planned dust suppression methods, residents’ concerns could be addressed before site work begins. As is the case with notification signs, the Department suggests that the party conducting the remediation designate a point of contact to handle public inquiries.

The person responsible for conducting the remediation may, at any time, change the form of notification pursuant to this subsection from posting a sign to sending periodic notification letters or from sending notification letters to posting a sign. Prior Departmental approval is not required.

Language Predominantly Spoken

It is important that the people receiving notification be able to read and understand the information being provided. For example, signs or letters provided only in English to a community that predominantly speaks Spanish or Portuguese would not effectively communicate information about the site and the remediation that is taking place.

Regardless of the form that the public notice takes, notice must be in English.
Additionally, where the person responsible for conducting the remediation determines that a language other than English is predominantly spoken in the area within 200 feet of the contaminated site, notice must also be provided in that language.

Please see www.nj.gov/dep/srp/guidance/public_notification/checklistguide.htm for guidance on how to determine if a language other than English is predominately spoken in the vicinity of the site.

Agency/Municipal Notification

Within two weeks after a notification sign is posted the person responsible must send the required site information and a photograph of the sign to the DEP case manager (if assigned), the DEP Office of Community Relations, the municipal clerk of the municipalities in which the site is located, and the designated local health official. Each time a notification letter is sent, the person responsible needs to provide one copy of the letter and the list of recipients to these entities. In instances where the designated local health official is not the County Environmental Health Act (CEHA) agency (http://www.nj.gov/dep/enforcement/county.html), the person responsible should consider sending copies to the CEHA agency as well.

To report an environmental incident impacting NJ, call the Toll-Free 24-Hour Hotline
1-877-WARNDEP / 1-877-927-6337