Did you know that a child care center or education facility ("CCC/EF") may be required to conduct an environmental investigation and remediation under certain circumstances? The so-called "Madden Legislation" mandates stricter regulation of such facilities seeking a construction permit or a Certificate of Occupancy ("CO"). The Madden Legislation was a 2007 supplement to Title 52 and appears at N.J.S.A. 52:27D-130.4. It applies to buildings being used for educational purposes, which includes private, public and charter schools.

How do you know if your school or project is subject to the Madden Legislation?

  • If one of the following activities requiring a construction permit or CO is occurring:
    • Renovation/rehabilitation/alteration
    • Conversion/change in use (industrial to non-industrial, non-educational CO to educational CO)
    • New construction
  • And if the site is/was one or more of the following:
    • A known contaminated site
    • Suspected to be contaminated, a historic fill site, or was used for agriculture
    • An Industrial Site Recovery Act ("ISRA") site
    • Used for factory/industrial, storage/warehousing, or high hazard purposes such as a nail salon, dry cleaning facility, funeral home or gasoline station

Before a construction permit may be issued, the Madden Legislation requires the applicant to submit proof to the construction official that an environmental consultant who is a Licensed Site Remediation Professional ("LSRP") has issued either a Remedial Action Workplan for the entire site or a document evidencing that the entire site has been remediated pursuant to applicable requirements - a Response Action Outcome ("RAO").

A CO may not be issued until the LSRP has issued an RAO.

What must be done? 

  • An LSRP must be retained
  • The LSRP must conduct a Preliminary Assessment in accordance with applicable environmental regulations
  • If the Preliminary Assessment reveals no potential areas of concern, the LSRP may issue an RAO
  • If the Preliminary Assessment finds potential areas of concern, the LSRP must conduct a Site Investigation
  • If the Site Investigation confirms no areas of concern that require remediation then the LSRP may issue an RAO
  • If the Site Investigation reveals areas of concern requiring remediation then the LSRP must call the Spill Hotline and conduct a full Remedial Investigation and Remedial Action before an RAO can be issued

Be mindful that there are other requirements imposed by the New Jersey Department of Health, including an evaluation of indoor air that are not set forth herein.