Update - Asbestos Remediation at Parsons Pond Road Development

Message from the Mayor
Update - Asbestos Remediation at Parsons Pond Road Development

In an eblast last week, I summarized the Borough’s efforts to provide information on the status of the ongoing asbestos remediation at the development on Parsons Pond Road. We need assurance and documentation that shows that every appropriate safety measure has been and is being implemented. The permitting process and oversight of this asbestos remediation project is controlled by the State or, more specifically, the New Jersey Department of Labor and Workforce Development (NJDOLWD), with various other federal, State and County agencies also involved.

We have reached out to the Governor’s Office, State legislators, the New Jersey Department of Labor and Workforce Development, New Jersey PEOSHA (Public Employee Occupational Safety and Health Act) officials, the New Jersey Department of Health, the United States Environmental Protection Agency (EPA), and the Bergen County Department of Health Services, with varying degrees of success.

The following is an overview of information that the Borough has received and steps that have been taken to further our public health and safety concerns:

Actions taken:

Submission of a comprehensive Open Public Records Act (OPRA) request to NJDOLWD seeking all records pertaining to the asbestos remediation project – documents have not yet been provided but the time period for response has not passed.

Meeting with Assemblyman Christopher DePhillips and representatives of Franklin Lakes Safe Air Coalition, in which the Coalition reinforced its concerns for the health and safety of children at Woodside Avenue School and at the Parsons Pond Park fields, and Assemblyman DePhillips described his office’s efforts to obtain information. Assemblyman DePhillips, along with Assemblyman Barlas and Senator Corrado, also issued a joint letter to the Commissioners for the Departments of Labor, Health and Environmental Protection demanding information as to all "inspections, testing and abatement procedures" at the Parsons Pond Campus to provide complete assurance that "no public health risks exist."

What we have learned (primarily from information provided by an Assistant Director of the NJDOLWD, who oversees PEOSHA, which oversees the Asbestos Control & Licensing Section):

For a project involving asbestos remediation, the applicant files a notification with Asbestos Control & Licensing. The notification includes a description of the scope of work, what work will be done, and length of time for the work.

Asbestos Control & Licensing inspectors then perform random inspections to assure compliance with regulations including air monitoring, containment, disposal and proper training by workers.

For this project, Asbestos Control & Licensing received a notification from the asbestos abatement company, Sky Contracting, in September.

Inspectors have been out to the site and have not found any violations.

Internal air monitoring has been and is being done by Sky Contracting and external air monitoring has been and is being done by a third party monitor, Environmental Health Investigations, which monitors outdoor air during work hours.

External air monitoring reports have been submitted, and the Borough has copies of those records. It is the Assistant Director’s understanding that they are in compliance.

Air monitoring is also overseen by NESHAP (National Emission Standards for Hazardous Air Pollutants), a federal agency under the EPA. There were two NESHAP representatives on-site last week. They were onsite for four hours doing inspections. The Borough was given the contact information for the main inspector that was onsite and the Borough has reached out to him, with no response thusfar.

Asbestos Control & Licensing will do random inspections, respond to complaints within 48 hours (they have not received any complaints thusfar), and conduct inspections when revisions to the original notification is filed.

A remediation plan is not required and none has been submitted. However, Asbestos Control & Licensing can request a remediation plan and then the applicant is required to submit a remediation plan. Asbestos Control & Licensing is now requiring a remediation plan.

Work is being done correctly, according to Asbestos Control & Licensing, including, but not limited to, proper placement of barriers and proper utilization of HEPA filters. The work is in compliance with applicable regulations. Asbestos Control & Licensing has had favorable experience with Sky Contracting.

There have been no violations or orders to comply issued.

We have requested that an appropriate State official, likely from the New Jersey Department of Health, come to Franklin Lakes to respond to questions from the Mayor and Council and other stakeholders. We are awaiting a response.

There has been an understandable level of frustration from neighboring property owners, parents, concerned citizens, and environmentalists, among others. The Borough Council and I share that frustration and are deeply committed to getting answers and providing the information and documentation that is necessary and appropriate to assure that concerns are addressed, and that the health of residents and our children is not compromised in any way.

We will keep you updated as more information and documentation is received.

Charles J.X. Kahwaty
Mayor