What are the Environmental Regulations Governing Childcare Centers?

It should come as no surprise that childcare facilities are subject to strict environmental safety laws and regulations. Children are more susceptible to hazardous environments, and when parents decide on a daycare center, safety is a primary concern. If you own or operate a childcare facility in New Jersey, understanding your responsibilities and working with a Licensed Site Remediation Professional (LSRP) is essential. These environmental professionals can help streamline the permitting process when opening a new childcare center or when completing renovations or expansions to an existing facility.

What You Need to Know About Environmental Regulations Before Building Childcare Centers

It should come as no surprise that when opening a childcare center, your facility is subject to strict environmental safety laws and regulations. Children are more susceptible to hazardous environments, and when parents decide on a daycare center, safety is a primary concern.

What are the Environmental Regulations Governing Childcare Centers?

What Environmental Regulations Must Be Met for a Daycare to Obtain a Permit or License to Operate?

Before you can get a license to operate a childcare center, the New Jersey Department of Children and Families (DCF) requires applicants to hire an LSRP or Licensed Site Remediation Professional to conduct a Preliminary Environmental Assessment (PA).

This investigation looks at past operations on the site to identify anything that may indicate Areas of Concern (AOC) that raise red flags about the site’s safety. The investigation details any activities that took place on the site, including former operations, waste discharge, and any hazardous substances used. This provides insight into potential hazards like possible soil and groundwater contamination, issues with drinking water and sediment, and even issues with any existing building’s interiors.

If your LSRP finds no environmental Areas of Concern, then they can issue what is called a Response Action Outcome (RAO), which will allow you to move forward in the process and gain a Certificate of Occupancy. If an Area of Concern or AOC is found, a Site Investigation (SI) is required to determine the presence or absence of contamination. If contamination is identified during the Site Investigation, the LSRP must call the New Jersey Department of Environmental Protection’s (NJDEP) spill hotline, and a site remediation is required to clean up the hazard. Once that is done, remedial investigations, such as soil and groundwater sampling, must be taken and examined to ensure the site is safe before issuing the RAO.

A Background on New Jersey Environmental Regulations Concerning Childcare Centers

Since 2007, the New Jersey Department of Environmental Protection (NJDEP) has enforced the Madden Law (P.L. 2007 c.1), which mandates that all childcare centers; whether private, public, or charter—must obtain a Response Action Outcome (RAO) if they are undergoing licensure, renovations, expansions, or new construction. This RAO must be issued by a Licensed Site Remediation Professional (LSRP).

The Madden Law was enacted in June 2007 after an unfortunate incident in Gloucester County, where a childcare center was built on the site of a former thermometer factory, exposing children and staff to hazardous levels of mercury. Your school or childcare center might be subject to the Madden Legislation if the site was a known contaminated site such as a factory, storage or warehouse facility, nail salon, dry cleaning facility, funeral home, gas station, or historic fill site. Former use of agricultural pesticides, underground storage tanks, dumpsters, transformers, and chemical storage closets are also areas of concern.

A Background on New Jersey Environmental Regulations Concerning Childcare Centers

Programs To Help with The Cost of Environmental Regulation Compliance

The Hazardous Discharge Site Remediation Fund (HDSRF) offers grant reimbursement of up to $1,500 to existing or prospective owners or operators of childcare centers who are licensed or have applied for a license with the New Jersey Department of Children and Families (DCF). This grant supports the cost of completing a Preliminary Assessment report and is available only to owners or operators of a childcare center. LAN Associates can handle this process on your behalf once we obtain your Response Action Outcome (RAO). For more information, visit the New Jersey Economic Development Authority Hazardous Discharge Site Remediation Fund (NJEDA HDSRF) page or review the New Jersey Department of Environmental Protection (DEP) Child Care FAQ.

How can LAN Associates Help with Environmental Regulation Compliance When Opening a Daycare?

When opening a childcare center in New Jersey, having the right team of environmental and construction professionals can help ensure the process runs in a smooth and timely manner. LAN Associates has Licensed Site Remediation Professionals (LSRP) on staff who can work alongside our architects and engineers on young childhood education projects. LAN Associates plays a key role in protecting the health and well-being of young children in educational facilities and helping the owners or leadership of these institutions quickly navigate and comply with the required regulations so they can open their businesses or schools.

What are the Environmental Regulations Governing Childcare Centers?

What You Need to Know About Environmental Regulations Before Building Childcare Centers

What are the Environmental Regulations Governing Childcare Centers?