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Guidance Documents Public Notification & Guidance Sensitive Populations Checklist Guidance

 

Sensitive Population and Resource Checklist
Update Posted 23 July 2009

Alternate Format: Adobe Acrobat version [pdf 32 Kb]

 

Complying with the Department’s Technical Requirements for Remediation ensures exposure pathways are controlled or eliminated, but exposure risk during the remediation can still be a local concern. Whether these concerns are scientifically based or perceived, they pose a real obstacle to progress if not addressed. Exploring and addressing these concerns early in the process can aid in the remediating party’s decision-making process during planning, rather than throughout the remediation or reuse.

Based on its experience remediating contaminated sites over the last 20 years, the Department has learned that it is important to identify sensitive populations and resources that are in close proximity to a contaminated site. The Department is confident that this information will become a valuable tool in helping both the person responsible for conducting the remediation and the Department to evaluate the real and perceived risks associated with remediation.

N.J.A.C. 7:26E-1.4(f) also requires the person responsible for conducting the remediation to determine if the site is located in a municipality where an Environmental Justice Petition neighborhood has been designated by either EPA or the New Jersey Environmental Justice Task Force, and to determine if a language other than English is predominantly spoken by property owners and tenants in the area within 200 feet of the property boundary. This information should be recorded on the Sensitive Population and Resource Checklist.

The Department has not included the checklist, per se, in the rule text because it is merely the form on which the required information is to be submitted. The Sensitive Population and Resource Checklist [pdf] is available on the Department’s web site at: https://www.nj.gov/dep/srp/community. Although not required, the use of the Checklist will ensure the information submitted is organized and is easily accessible.

Resources for Sensitive Population and Resource Checklist

The person responsible for conducting the remediation will likely have collected much of the information needed to complete the checklist as a part of conducting the Preliminary Assessment. Many of these populations and resources will be easily identified by simply visiting the site. Moreover, many public sources of information are available. The person responsible for conducting the remediation is encouraged to obtain the information required to be included on the checklist from any reliable source.

Other resources for each sensitive population or resource include, but are not limited to, the following:

  1. Residences;

    Address and tax record information is available through public web pages such as the NJ Association of County Tax Boards (http://www.njactb.org). Radius search tools are available at some county clerk/tax board web pages.

    Aerial photographs showing surrounding land use/residences is available from the Department's i-MapNJ application. Instructions for using i-MapNJ are available in Using i-MapNJ to Identify Sensitive Populations and Resources. Aerial photographs with measuring tools are also available using other web-based applications such as Google Earth or Microsoft Live Maps.
  2. Potable wells;

    If ground water contamination is confirmed, potable wells will have been identified during the Site Investigation (SI). Pursuant to N.J.A.C. 7:26E-3.7(e)3 the person responsible for conducting the remediation is required to conduct a well search within six weeks after identifying ground water contamination.

    If ground water contamination was not confirmed and no well search was required during the SI pursuant to N.J.A.C. 7:26E-3.7(e)3, the person responsible for conducting the remediation should contact municipal officials or the local water purveyor to determine the source of potable water for the properties located within 200 feet of the site boundary.

    You may identify the existence of Public Community Supply Wells within a 200-foot radius using i-MapNJ. Instructions on how to use i-MapNJ s are available in Using i-MapNJ to Identify Sensitive Populations and Resources.

  3. Public and private schools that teach students in any of the grades kindergarten through twelve;

    The NJ Department of Education provides a categorized list of schools. Please use this website to identify public and private schools: https://www.nj.gov/education/directory/.

    A limited number of schools have been mapped on i-MapNJ. Instructions to identify these schools are found in Using i-MapNJ to Identify Sensitive Populations and Resources.
  4. Child care facilities;

    A list of child care centers licensed by Department of Children and Families is available at: https://www.nj.gov/dcf/divisions/licensing/centers.html. The PI/Preferred ID number is available from Data Miner at: DEP Data Miner

    Many child care centers have been mapped on i-MapNJ. Instructions for identifying these child care centers can be found in Using i-MapNJ to Identify Sensitive Populations and Resources.
  5. Public parks and playgrounds;

    Open spaces, which may be parks and playgrounds, can be identified using aerial photography available on i-MapNJ. You may also use i-MapNJ to identify state owned open space. Instructions for using i-MapNJ are available in Using i-MapNJ to Identify Sensitive Populations and Resources. Aerial photography with measuring tools are also available using other web-based applications such as Google Earth or Microsoft Live Maps.
  6. Surface water;

    Water bodies and streams can be identified on i-MapNJ. Instructions for using i-Map are available in Using i-MapNJ to Identify Sensitive Populations and Resources.
  7. Tier 1 Well-Head Protection Areas;

    The Federal Safe Drinking Water Act directed states to develop a well-head protection program to delineate the area from which a water supply well draws its water within a specified time frame, known as the Well-head Protection Area. The Tier 1 Well-head Protection Areas can be identified on i-MapNJ. Instructions for using i-MapNJ are available in Using i-MapNJ to Identify Sensitive Populations and Resources.
  8. Environmental Justice Petition neighborhood

    To determine if the site is located in a municipality where the New Jersey Environmental Justice Task Force has designated an Environmental Justice Petition neighborhood, please see the list below of approved petitions in action plan development. At present, the US Environmental Protection Agency does not designate Environmental Justice areas. Information about EPA’s environmental justice activities in the state may be found at https://www.nj.gov/dep/ej/.
Name Municipality

Tremley Point Environmental Protection

Linden

Former Manufactured Gas Plant Remediation

Long Branch

Pabst Brewery Demolition

Newark

Ringwood Former Superfund Site

Ringwood

Various concerns regarding remediation and public health

Camden

 

EJ Neighborhood Petitions in Action Plan Development

N.J.A.C. 7:26E-1.4(f) also requires the person responsible for conducting the remediation to determine if the site is located in a municipality where an Environmental Justice Petition neighborhood has been designated and to determine if a language other than English is predominantly spoken by property owners and tenants in the area within 200 feet of the property boundary. This information should be recorded on the Sensitive Population and Resource Checklist. While an environmental justice neighborhood may not be located in the immediate vicinity of a contaminated site, its location within a municipality is evidence of heightened community concern about the local environment. A responsible party should be aware of this local sensitivity and may choose to enhance its outreach and notification activity in response.

  1. Language other than English is predominantly spoken

    Information about the percentage of people speaking languages other than English in a given area is available by accessing census information on http://factfinder.census.gov/home/saff/main.html. By entering a zip code of interest, one can access data on those who "Speak a Language Other than English at Home". One can either enter a specific address or find a link for a map under the "Social Characteristics" section. The map tool allows “zooming in” on a particularly area of town revealing census tract information in the vicinity of the site of interest. The information is based on 2000 Census data.

    The Department anticipates that most remediating parties are already aware of whether a language other than English is predominantly spoken in the neighborhoods surrounding their sites. Existing business and community signs can usually identify neighborhoods where a language other than English is spoken. If the person responsible for conducting the remediation is unsure whether property owners and tenants predominantly speak a language other than English, they could contact the municipality for information.

Other Requirements for the Sensitive Population & Resources Checklist:

A scaled map must be generated to show the location of the site and the location of each sensitive population and resource identified.

The Department prefers electronic maps. Guidance for producing electronic maps is available at the Department’s Geographic Information Systems website (https://www.nj.gov/dep/gis/newmapping.htm), which provides users with guidance and links to internet mapping applications and data downloads.

No later than two weeks prior to either initiating the field activities associated with the remedial investigation of a multi-phase remediation or initiating a single phase remediation, a paper copy and an electronic copy of the completed Sensitive Population and Resource Checklist and map must be submitted to the following:

  1. DEP case manager;

    You may use DEP Data Miner to find the case manager, if one is assigned. If you are unfamiliar with using DEP Data Miner, 5 Easy Steps to Find a Case Manager Using Data Miner available at: https://www.nj.gov/dep/srp/community/guidance/findcasemgr.htm.   If a case manager for the site has not been assigned, a copy of the Sensitive Population and Resource Checklist shall be submitted as part of the Remedial Investigation Report or Remedial Action Report.
  2. DEP Office of Community Relations;

    The DEP Office of Community Relations may be contacted at:

    New Jersey Department of Environmental Protection
    401 East State Street, 6th Floor
    P.O. Box 413
    Trenton, NJ 08625-0413
    Attention: Office of Community Relations
  3. The clerk of each municipality in which the site is located;

    Municipal clerks can be identified from municipal web pages, which can be found at
    https://www.nj.gov/nj/govinfo/county/localgov.html.

    In instances where the designated local health official is not the County Environmental Health Act (CEHA) agency (https://www.nj.gov/dep/enforcement/county.html), the person responsible should consider sending copies to the CEHA agency as well.
  4. The designated local health official;

    In New Jersey, every municipality is required to be served by a local health department that meets the requirements of State public health laws and regulations. The local health departments listed at https://www.nj.gov/health/lh/directory/lhdselectcounty.shtml are recognized by the New Jersey Department of Health and Senior Services as the provider of public health services for those municipalities within their jurisdiction.