Frequently Asked Questions on Licensing
for Child Care Centers
Updated 10 October 2008
The Questions
The following (questions 1-24) address DEP Requirements:
- What are the new DEP requirements to obtain a
child care center license?
- What exactly is a No Further Action (NFA) letter?
- My site does not have a high hazard historical
use (Uniform Construction Code Groups F, S, H, or B); do I still
have to get a No Further Action (NFA) letter?
- What is the process I should follow to obtain
a No Further Action Letter (NFA)?
- What is a Preliminary Assessment (PA)?
- What is a Site Investigation (SI)?
- Do I need to hire a consultant to obtain a No
Further Action Letter (NFA) or conduct an environmental review?
- How do I select an environmental consultant?
- Can I submit a Phase I Environmental Audit in
order to obtain an NFA?
- Who pays for a PA and/or SI?
- Where can I find funding for the new requirements?
- Do I have to submit a Preliminary Assessment
(PA) every time I submit a license renewal application?
- How can I check on the status of my reports that
were submitted to DEP?
- Can I have the PA done via the Cleanup Star Program?
- What happens if the Site Investigation soil samples
show exceedances?
- Who signs the Memorandum of Agreement (MOA)?
- Can I get a No Further Action Letter (NFA) just
for the area upon which the daycare is located, instead of the
entire site?
- When should I start pursuing the No Further Action
Letter (NFA)?
- What about new construction? What are the DEP
requirements when you are planning new construction on a former
contaminated site?
- Where do I send documents for review?
- How do I certify my center provides safe drinking
water?
- How can I identify the public water system that
serves my child care center?
- Does DEP need my safe drinking water certification?
- Do I have to conduct a 400-foot radius search
for contaminated sites?
The following (questions 25-28) address Non-DEP Requirements:
- What is a Letter of Prior Uses? How do I find
out the past uses of my building?
- Do I need to send a copy of the construction code
official's Letter of Prior Uses to DEP?
- What are the requirements if I am located near
a dry cleaner or nail salon?
- What indoor air requirements do I have to meet?
The Answers
1.
What are the new DEP requirements to obtain a child care center
license?
As of June 1, 2007, before a license to
operate can be issued or renewed, regulations now require applicants
pursuing child care center licenses to:
- Obtain a No Further Action Letter (NFA)
- Certify that the center provides safe drinking water
2. What exactly is a No
Further Action (NFA) letter?
An NFA certifies the property has been evaluated
and reviewed, and is deemed to pose no health concern. This can
be accomplished by an applicant working with a consultant to submit
reports that demonstrate there is no health risk, pursuant to the
Technical Requirements
for Site Remediation (N.J.A.C. 7:26E).
3. My site does not have
a high hazard historical use (Uniform Construction Code Groups F,
S, H, or B); do I still have to get a No Further Action (NFA) letter?
Yes. All child care centers must receive
an NFA, at the time of renewal or issuance of a new license.
4. What is the process
I should follow to obtain a No Further Action Letter (NFA)?
The first step in the NFA process is to
conduct a Preliminary Assessment (PA) of the building and surrounding
property, in accordance with the Technical
Requirements for Site Remediation (N.J.A.C. 7:26 E). Here is
a quick overview of how the process works:
- If, as a result of the PA, it can be demonstrated that there
are no potential areas of concern on the property, then DEP
will issue the NFA letter.
- If the results of the PA identify an area of concern, then
a Site Investigation (SI) of the property must be conducted.
- If the results of the SI indicate that no areas of concern
require remediation, then the DEP will issue the NFA.
- If the results of the SI indicate that the need for remediation,
then a Remedial Investigation (RI) and Remedial Action (RA)
must be performed on the area of concern. Upon successful
completion of the RI and RA, DEP will issue an NFA. This
process could be more time consuming.
5. What is a Preliminary
Assessment (PA)?
The PA is the process of identifying the
presence of any potentially contaminated areas of concern, pursuant
to N.J.A.C. 7:26E-3 Technical Requirements for Site Remediation
(Tech Regs). The PA includes an extensive site history, including
any known or possible associated hazardous materials and any other
relevant information. Please see the Tech
Regs for specific information on PAs.
6. What is a Site Investigation
(SI)?
The SI reports on various types of environmental
data—soil, dust, water etc., and evaluates this data to determine
whether or not there are discharged contaminants at the site that
could pose a health concern. If such contaminants are present and
exceed NJ Guidance Levels and/or applicable standards, additional
remediation will be necessary. Please see the Tech
Regs for specific information on SIs.
7. Do I need to hire a
consultant to obtain a No Further Action Letter (NFA) or conduct
an environmental review?
Environmental consultants conduct environmental
reviews often and are very familiar with the NFA process. While
hiring a professional is not required, most will find it more efficient
and timely to use a consultant. When a Preliminary Assessment (PA)
submitted to DEP does not meet the requirements, it will be returned
to the sender as deficient. Again, an environmental consultant may
save time in submitting an acceptable PA.
8. How do I select an
environmental consultant?
The State of New Jersey does not keep a
register of environmental consultants. You can find consultants
under “Environmental Services” in the Yellow Pages or
you may consult with your attorney or local health department for
recommendations. Please see How
to Choose an Environmental Consultant Fact Sheet for additional
details.
9. Can I submit a Phase
I Environmental Audit in order to obtain an NFA?
No. A Phase I Environmental Assessment,
while similar, is not equivalent to a Preliminary Assessment (PA).
The PA must be conducted in accordance with the Technical
Requirements for Site Remediation (N.J.A.C. 7:26E).
10. Who pays for a PA
and/or SI?
Generally, the site owner has responsibility,
however, the NJDEP Oversight
Rules (N.J.A.C. 7:26C) do not specify who pays the fees associated
with the PA or SI. Therefore, this can be negotiated between the
parties interested in meeting this requirement.
11. Where can I find
funding for the new requirements?
At this time, no public funds exist to meet
the new requirements.
12. Do I have to submit
a Preliminary Assessment (PA) every time I submit a license renewal
application?
At this time, the rule requires a No Further
Action (NFA) with each initial renewal application. However, DEP
can consider recent NFAs in the renewal process.
13. How can I check on
the status of my reports that were submitted to DEP?
You can see the status of your document
reviews at: http://datamine2.state.nj.us/DEP_OPRA/OpraMain/categories?
category=Child%20Care%20Educational%20Facility%20Category
14. Can I have the PA
done via the Cleanup
Star Program?
No.
15. What happens if the
Site Investigation soil samples show exceedances?
If an analysis of soil samples indicates
there are exceedances, or levels of a contaminant that exceed the
soil cleanup criteria, corrective actions must be implemented. The
applicant must sign a Memorandum of Agreement with DEP, and conduct
a Remedial Investigation and Remedial Action.
16. Who signs the Memorandum
of Agreement (MOA)?
If a MOA is needed, anyone can sign; most
often, it is the party responsible for the contamination or the
person requesting the MOA. Consult with the property owner if this
step is required. By signing the MOA, the party agrees to pay all
associated costs and fees for DEP review. Please visit this Web
site for more information: http://www.nj.gov/dep/srp/volclean/
17. Can I get a No Further
Action Letter (NFA) just for the area upon which the daycare is
located, instead of the entire site?
Yes. DEP can issue an NFA for the building
area but it must include any areas children might access such as
parking lots, play grounds, etc.
18. When should I start
pursuing the No Further Action Letter (NFA)?
DEP will not accept a Preliminary Assessment
(PA) conducted earlier than six months prior to the expected opening
or renewal date. Upon receipt of the environmental review package,
DEP needs approximately four to six weeks to review the PA, provided
it is administratively and technically complete. If remediation
needs to occur, the timeline will increase depending on the nature
of the corrective action that must be taken.
19. What about new construction?
What are the DEP requirements when you are planning new construction
on a former contaminated site?
As referenced in P.L. 2007, C.1, prior to
receiving a construction permit from the municipality, educational
centers and child care facilities are required to conduct a review
of environmental conditions. If the location of the site was previously
a Uniform Construction Code Groups F (factory/industrial), H (high
hazard), S (storage), B (nail solon/dry cleaner) or M (gas station),
a contaminated
site, subject to Industrial Site Remediation Act, or suspected
of being contaminated, there must be a Remedial Action Work Plan
approved by DEP or a No Further Action Letter (NFA) issued by DEP
before a construction official can issue the construction permit.
If an approved Remedial Action Work Plan, rather than an NFA, is
used for obtaining a construction permit, then an NFA must be obtained
before a Certificate of Occupancy (CO) can be issued.
20. Where do I send documents
for review?
State of New Jersey
Department of Environmental Protection
Enforcement & Assignment Element
Child Care/Educational Facility Unit
PO Box 028
401 East State St, 5th Fl
Trenton, NJ 08625-0028
21. How do I certify
my center provides safe drinking water?
There are two ways to certify safe drinking water:
- If your Child Care Facility is connected to a community water
system, you need to document the name of the community water
system, the unique Public Water System Identification Number,
and either a copy of a recent water bill indicating service
to the Child Care Center's address, or a letter from the public
community water system certifying service to the address.
- If the Child Care Facility is on a private system, you need
to follow the Safe Drinking Water requirements to certify potable
wells and produce results of annual tests showing the water
is safe to drink.
Please see How
to Certify Safe Drinking Water is Being Provided to Child Care Centers
for more information.
22. How can I identify
the public water system that serves my child care center?
To determine the name of the public water
system serving a residence or child care vicinity is, please visit:
http://www.state.nj.us/dep/swap/creport.htm.
Use the drop down menus at the bottom of this web page to search
by, county, municipality, and/or Public Works Identification number
(PWID).
23. Does DEP need my
safe drinking water certification?
Yes. The potable water certification should
be submitted with the Preliminary Assessment (PA) as part of the
environmental review package.
24. Do I have to conduct
a 400-foot radius search for contaminated sites?
No. DEP no longer requires a radius search
to satisfy the environmental requirements.
25. What is a Letter
of Prior Uses? How do I find out the past uses of my building?
The Letter of Prior Uses identifies historic
uses of the property. It often may be provided by the construction
code official of the municipality in which the property is located.
A listing of municipal construction code officials can be found
on the Department of Community Affairs web site at: http://www.nj.gov/dca/codes/misc/muniroster.htm.
Any questions about the Uniform Construction Code should be directed
to the Department of Community Affairs, Code Assistance Unit at
(609) 984-7609. The letter of prior uses does not fulfill the
Preliminary Assessment or No Further Action Letter (NFA) requirement.
26. Do I need to send
a copy of the construction code official's Letter of Prior Uses
to DEP?
No.
27. What are the requirements
if I am located near a dry cleaner or nail salon?
DCF requires the operator of a child care
center located in the same building or structure as a dry cleaner
or nail salon to provide indoor air sampling results to demonstrate
no impact on air quality at the child care center. Follow the Department
of Health and Senior Services guidance for all indoor environmental
activity. The DHSS Indoor Environments Program can be reached at
609-631-6749. DHSS Guidance can be found on the DHSS web site at
http://www.nj.gov/health/iep/.
28. What indoor air requirements
do I have to meet?
Contact the Department of Health and Senior
Services, Indoor Environments Program, to determine what steps,
if any, are necessary to address the risks posed by the prior historical
use. The DHSS, Indoor Environments Program can be reached at 609-631-6749.
DHSS Guidance can be found on the DHSS web site at http://www.nj.gov/health/iep/. |
