Governor Corzine Signs Legislation to Improve Environmental Safety at Schools an

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Governor Corzine Signs Legislation to Improve Environmental Safety

at Schools and Child Care Centers

by State of New Jersey Office of the Governor

FOR IMMEDIATE RELEASE

DATE: January 11, 2007

CONTACT: Coley

n Gilfillan

PHONE: 609-777-2600

http://www.imakenews.com/pureaircontrols/e_article000735876.cfm?

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TRENTON - Governor Jon S. Corzine today signed legislation to help

ensure that child care and educational facilities are

environmentally safe for the children attending them.

" This bill will help identify and remediate educational facilities

and child care centers located on environmentally high risk sites, "

Governor Corzine said. " This puts New Jersey at the forefront of

states nationally in protecting children from environmental

contaminants while at child care facilities and schools. "

According to the new law, if a child care or educational facility

located on an environmentally high risk site applies for a local

building permit, it must meet two sets of criteria before the

municipality issues the permit. First, it must obtain certification

for indoor environmental quality from the Department of Health and

Senior Services (DHSS). Second, it must demonstrate that the site

has been remediated to Department of Environmental Protection (DEP)

standards and that a DEP-issued " no further action letter " has been

obtained. Construction permits will be issued in cases where that

permit is necessary to make changes to a facility in order to bring

it into compliance with DHSS indoor environmental quality standards.

DHSS certification will require a facility to demonstrate that it

meets indoor environmental quality standards. Those standards will

be set in the coming year by DHSS through the rulemaking process.

The DHSS regulations will be required to be protective of infants

and children and must take into account the metabolic differences

between adults and children.

Fines for violating a provision of the certification process,

knowingly making false statements in any application or record will

result in a fine of no more than $25,000 and $50,000 per day for

first and second violations, respectively.

Environmentally high risk sites include sites that were previously

used for industrial, storage, or high hazard purposes; known or

suspected to be contaminated; industrial sites that are subject to

the provisions of the Industrial Site Recovery Act (ISRA); or used

as a nail salon, dry cleaning facility or gasoline station.

The new law also amends the ISRA to provide the DEP with a broader

range of penalty enforcement options, including the authority to

issue orders, impose civil administrative penalties, bring an action

for civil penalties, or bring a civil action for injunctive or other

relief. The bill would increase the maximum penalty that may be

imposed for a violation of this measure from $25,000 per day to

$50,000 per day.

Finally, the new law requires industrial facilities to alert local

municipalities when the facility closes or transfers ownership or

operations. Also, they must also inform the municipality that the

industrial facility's proposed remedial action plan is available to

the municipality upon request. Both of these notifications are

currently required by DEP.

The bill, S2261/A3529, was sponsored in the Senate by Fred H. Madden

Jr. and M. Sweeney, and in the Assembly by R. Mayer,

D. Moriarty, Louis D. Greenwald and R. Greenstein. It

was passed to address the problems that occurred at Kiddie Kollege,

a child care center in lin Township that was built on the

grounds of what had been a thermometer factory.

" The discovery of mercury at Kiddie Kollege was devastating to the

parents, children and residents of lin, " said Senator Madden, D-

Camden and Gloucester. " As adults, it's our responsibility to keep

our kids safe. This legislation is not about pointing fingers and

placing blame, but instead we want to ensure that what happened at

Kiddie Kollege never happens again. "

" As a parent, nothing is more important than the safety of my

children, " said Senator Sweeney, D-Gloucester, Cumberland and

Salem. " This law establishes necessary guidelines to regulate the

buildings that house our children for eight hours a day. Today's

bill signing shows the state's commitment to protecting New Jersey's

families. "

" The Kiddie Kollege episode was regrettable and tragic, but it also

taught us a valuable lesson, to be more vigilant going forward, "

said Assemblyman Mayer, D-Gloucester and Camden. " Our first concern

must always be to protect the health and safety of our most

vulnerable New Jerseyans – children. The public safety and public

health debacle at Kiddie Kollege must never be allowed to happen

again. "

" All parents deserve absolute peace of mind when placing their

children at facilities that are supposed to be safe havens for care

and nurturing, " said Assemblyman Moriarty, D-Gloucester and

Camden. " By taking the Kiddie Kollege experience and using it to

enact better safeguards for our children, we can ensure that

contaminated sites will not unwittingly become a parent's worst

nightmare. "

" This legislation will help ensure that a situation like the one at

Kiddie Kollege cannot happen again, " said Assemblyman Greenwald, D-

Camden. " The Department of Health and Senior Services must have

every resource at its disposal to protect our kids from dangerous

contamination. "

" Keeping our children safe, sound, and healthy should be our number

one priority, " said Assemblywoman Greenstein, D-Mercer. " This

legislation will give state health authorities a stronger tool to

fulfill that child-protection mission. "

This bill signing is the most recent action taken by the Corzine

Administration in response to the incidents that occurred at Kiddie

Kollege. Previously the Governor directed cabinet officials in DEP,

DHSS, the Department of Children and Families (DCF), the Department

of Community Affairs, and the Department of Labor to form an

interagency task force to investigate how to improve communication

among state agencies and local officials. DEP was charged with

establishing better safeguards, including improved tracking and

prioritization of contaminated sites, and increased enforcement. To

help ensure the safety of existing child care facilities, the DEP

cross-checked its known contaminated site list with DCF's list of

existing licensed child care centers to prioritize its inspections.

The interagency task force continues to work to cross check and

review state databases that can provide information about

environmental conditions at currently licensed child care centers.

The Governor also directed DCF to mandate stricter regulations on

child care center licensing. The regulations now require license

applicants to certify that any building or property proposed for the

site of a child care center was not previously used for operations

that could pose an environmental concern. If the site is considered

an environmentally high risk site, the applicant must certify that

the site has been remediated to DEP standards and meets

environmental indoor air requirements established by DHSS.

Finally, DHSS has worked extensively with Kiddie Kollege families

and staff, organizing community outreach meetings, supplying

educational materials, and providing testing and medical reviews for

mercury exposure to anyone requesting them.

http://www.state.nj.us/governor/news/news/approved/20070111.html