DEP Must Not Allow New Infrastructure And Development in Flood Hazard Zones
High Vulnerability of Existing Infrastructure Must Be Addressed
In the January 7, 2013 edition of the NJ Register, the NJ DEP proposed for public comment “water quality management plan amendments” (WQMPs) for portions or all of several counties, including Cape May, Atlantic, Ocean, Burlington, Monmouth, Essex, and Sussex.
Those proposed WQMP amendments and maps were developed by counties, BEFORE SANDY struck (and perhaps before Irene struck).
Accordingly, they very likely proposed to locate new infrastructure and new development in hazardous locations, prone to flooding or that actually experienced flooding during Irene or Sandy.
I read the text of the DEP’s proposed approval of these WQMP amendments (but did not review the maps) and it appears that DEP’s review of the county proposed WQMP did not consider or apply the new DEP EMERGENCY FLOOD HAZARD AREA CONTROL ACT RULE adopted by DEP on January 24, 2013, AFTER the Jan. 7, 2013 proposed WQMP notices.
Obviously, DEP could not apply the new flood maps, because they were adopted AFTER DEP proposed the new WQMP amendments.
That new Flood Hazard Area Emergency rule adopted the new FEMA “Advisory Base Flood Elevation” (ABFE) maps.
So, DEP must now apply the new FHA FEMA ABFE rule.
This would include new WQMP plan reviews to consider not only the new FHA maps and the new elevations, but also the lessons learned by Sandy in terms of vulnerability of existing infrastructure –
On December 3, 2012, DEP Commissioner Martin testified that over 80 sewage treatment plants were knocked out. The WQMP planning process is well suited to mandatory vulnerability assessments and emergency planning that has been ignored by the DEP NJPDES permit process.
DEP NJPDES permit regulations require sewage treatment plants to prepare a vulnerability assessment and emergency plan – but the regualtions have major loopholes and DEP does not enforce the requirement or review these plans.
Public hearings are scheduled (some have passed already) and public comment periods are about to close on these proposed WQMP amendments.
It is important that the public weigh in a tell DEP to not approve of any WQMP that would locate new infrastructure or development in dangerous locations, including those areas identified by the new FEMA ABFE maps DEP just adopted – or those locations recently inundated by Irene or Sandy.
For details, see (if embedded links don’t work, go here for free public access to NJ Register)
| 26. | 45 N.J.R. 62(a), VOLUME 45, ISSUE 1, ISSUE DATE: JANUARY 7, 2013, PUBLIC NOTICES, ENVIRONMENTAL PROTECTION DIVISION OF COASTAL AND LAND USE PLANNING, NEW JERSEY REGISTER Copyright © 2013 by the New Jersey Office of Administrative Law |  |
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27. | 45 N.J.R. 63(a), VOLUME 45, ISSUE 1, ISSUE DATE: JANUARY 7, 2013, PUBLIC NOTICES, ENVIRONMENTAL PROTECTION DIVISION OF COASTAL AND LAND USE PLANNING, NEW JERSEY REGISTER Copyright © 2013 by the New Jersey Office of Administrative Law | |
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28. | 45 N.J.R. 64(a), VOLUME 45, ISSUE 1, ISSUE DATE: JANUARY 7, 2013, PUBLIC NOTICES, ENVIRONMENTAL PROTECTION DIVISION OF COASTAL AND LAND USE PLANNING, NEW JERSEY REGISTER Copyright © 2013 by the New Jersey Office of Administrative Law | |
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29. | 45 N.J.R. 65(a), VOLUME 45, ISSUE 1, ISSUE DATE: JANUARY 7, 2013, PUBLIC NOTICES, ENVIRONMENTAL PROTECTION DIVISION OF COASTAL AND LAND USE PLANNING, NEW JERSEY REGISTER Copyright © 2013 by the New Jersey Office of Administrative Law | |
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30. | 45 N.J.R. 66(a), VOLUME 45, ISSUE 1, ISSUE DATE: JANUARY 7, 2013, PUBLIC NOTICES, ENVIRONMENTAL PROTECTION DIVISION OF COASTAL AND LAND USE PLANNING, NEW JERSEY REGISTER Copyright © 2013 by the New Jersey Office of Administrative Law | |
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31. | 45 N.J.R. 67(a), VOLUME 45, ISSUE 1, ISSUE DATE: JANUARY 7, 2013, PUBLIC NOTICES, ENVIRONMENTAL PROTECTION DIVISION OF COASTAL AND LAND USE PLANNING, NEW JERSEY REGISTER Copyright © 2013 by the New Jersey Office of Administrative Law | |
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32. | 45 N.J.R. 69(a), VOLUME 45, ISSUE 1, ISSUE DATE: JANUARY 7, 2013, PUBLIC NOTICES, ENVIRONMENTAL PROTECTION ENVIRONMENTAL MANAGEMENT DIVISION OF AIR QUALITY, NEW JERSEY REGISTER Copyright © 2013 by the New Jersey Office of Administrative Law |