TRENTON, N.J. -- Two months after a South Jersey day care center was found to be operating in a former mercury thermometer factory _ and a third of the preschoolers enrolled there were found to have elevated levels of mercury _ lawmakers on Monday advanced legislation that would monitor air quality inside such sites.

The measure would require the state departments of Health and Environmental Protection to establish guidelines for day care centers built on or near contaminated sites, and to ensure that the operators meet the standards before the facilities are licensed to open.

The proposal stems from revelations that three day care centers in Franklinville, Gloucester County, were on or near contaminated sites. At one, Kiddie Kollege, 20 of the 60 children enrolled tested positive for elevated levels of mercury. Officials said the effects of the exposure should not be long-term, although tests found mercury levels in the air to be 25 times the allowable limit and the center was closed.

One of the other day cares, also closed, was atop a former fuel company site. The third is on the site of a former gas station with leaking underground storage tanks.

Ron Corcory, an assistant director in the DEP's Site Remediation Program, said the agency has already inspected the 38 other day cares identified as on or near contaminated sites, and that none pose a health risk to children. The agency is currently inspecting 1,400 other day cares located within 400 feet of a site that could be contaminated, he said.

The DEP ordered the inspections as soon as it found out about Kiddie Kollege, and the state Attorney General's Office is looking into how Kiddie Kollege was allowed to open in 2004 without remediating the mercury.

Representatives of several environmental groups criticized members of the Senate Environmental Committee for weakening the proposal before advancing it. One provision, which would have extended the air quality monitoring to new residences, was scrapped, as was another suggestion requiring monitoring at all existing day cares.

"One of our biggest concerns is that as tragic as Kiddie Kollege is, there are tens of thousands of contaminated sites identified out there," said David Pringle, campaign director for the New Jersey Environmental Federation. "This legislation is saying for new schools and day care centers, we're going to set standards. What about existing schools and day care centers? What about residences?"

Jeff Tittel, executive director of the Sierra Club, also criticized what he called a watered-down version of the bill.

"It's OK to check for indoor air pollution where kids go to school but not where people live and spend the vast majority or their time," he said.

But state Sen. Fred Madden, whose legislative district includes the stricken sites and who is co-sponsoring the legislation, said it was financially unrealistic to include all those sites in the legislation.

"There is added financial cost to every new idea that comes up in this measure," Madden said. "Though I, and a number of people, would like to have the grandest of grandest bills, the reality is today's bill is a significant first step to advancing safety of our children."

Madden said the proposal has been fast-tracked to get through both houses of the Legislature and to the governor by the end of the year.

http://www.newsday.com/news/local/wire/newjersey/ny-bc-nj--daycare-toxins1127nov27,0,5195916.story?coll=ny-region-apnewjersey
 
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