Christie DEP Granted A Stewardship Award To This Site

Put on your DEP inspector’s hat and take a look

assorted commingled waste materials – no controls

The owner of the site depicted above and below recently authored an Op-Ed, published by NJ’s largest news outlet, bragging about receipt of a DEP Stewardship Award.

I urge readers to answer a few questions about these photos of that site: (Hint: in researching this issue, OPRA is your friend, so is the DEP Hotline) (all photos shot on 9/24/15)

1) do they depict DEP “regulated activity”?

2) has the site been issued valid DEP permits?

3) is the permittee in compliance with these DEP permits?

4) when was the last time that DEP conducted a compliance inspection of this location and what was the outcome?

5) Even if this is not DEP regulated activity, are these “best management practices” for outdoor storage of materials that generated nutrient rich runoff upslope of wetlands, streams, and ponds?

6) If a private contractor or individual were to dump the same materials on State lands, would DEP’s new enforcement initiative crack down immediately upon public complaint or DEP notification or awareness? (see next question).

*7) Most astute readers, here’s a final exam extra credit bonus points essay question:

Compare and contrast the notorious Duck Island Caper, where criminal charges were filed by DEP and a deportation case emerged, with the Stewardship case.

What are the justice implications of the fact that DEP issued a press release that bragged about deportation of a person for doing less environmental harm than the billion dollar foundation they issued a stewardship award to?

Contents of the materials were traced back to a contractor who had renovated a Trenton home. Removal of the debris was subcontracted to Marvin Agustin Perez, who has since been deported to Guatemala, and Grodoniel Espinosa Austin (nicknamed Emilio), who is believed to be living in the area of Butler Street in Trenton.

Hints: here are relevant DEP regulations:

Recycling Regulations (NJAC 7:26A)

Scope and applicability

(d) Unprocessed recyclable materials, post-consumer materials, and used or abandoned materials that are or will be deposited on or in the lands of the State for any period exceeding six months, including by stockpiling, staging or stor- ing, are solid waste that shall be managed in accordance with the Solid Waste rules, N.J.A.C. 7:26, unless:

Solid Waste Regulations

(look especially at whether all the conditions for the exemption of recyclable materials are met)