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Daycare Center Compliance

As you may already be aware, a childcare center in Franklin Township was discovered to be located on a former industrial property contaminated with mercury.  This prompted Governor Jon Corzine to sign legislation which became effective January 2007 to improve environmental safety at childcare centers.  The Department of Children and Families (“DCF”) Office of Licensing now requires

FAQs

Q. What is a “no further action” (NFA) letter?
A. An NFA is a letter issued by the New Jersey Department of Environmental Protection (NJDEP) that certifies that the property and building has been evaluated and reviewed and is deemed to pose no health concerns.  At a minimum, a Preliminary Assessment Report completed in accordance with the Technical Requirements for Site Remediation is required to be submitted to the NJDEP.

Q. Who is required to obtain a NFA letter?
A. As of June 1, 2007, all childcare centers must receive a NFA letter at the time of renewal or issuance of a new license. 

Q. What is a Preliminary Assessment Report?
A. A Preliminary Assessment (PA) is the first step in identifying potential areas of environmental concern pursuant to the NJDEP’s Technical Requirements for Site Remediation.  Completion of a PA includes extensive site history research, file reviews, a site visit, and review of any information pertaining to use of hazardous materials in connection with current or former operations at the site. 

Q. Can a Phase I Environmental Site Assessment be submitted to the NJDEP instead of a PA?
A. No.  A Phase I Environmental Site Assessment is similar to a PA, but the Technical Requirements for Site Remediation require the submittal of a PA to the NJDEP.

Q. Is soil sampling required?
A. Soil sampling is required if the current or previous use of the building are classified as factory/industrial, high hazard, storage, dry cleaners or nail salons AND the center has an active play area that is not fully covered by an impervious surface.

Q. Is indoor air sampling required?
A. If the childcare center is co-located in a building that contains a dry cleaner or nail salon, the applicant must conduct indoor air sampling to demonstrate that there is no impact to the childcare center.

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