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Jersey City Mayor Fulop joins the battle to protect drinking water

Assemblyman McKeon, Highlands Champion, Moderates Meeting

view of NY skyline from Montclair University (7/11/16)

[Update: Dave Giambusso at Politico writes about the Fulop angle and legislative vetoes:

Fulop wades into Highlands fight with online campaign –

Environmental advocate Bill Wolfe applauded Fulop and said Sweeney should also join the fight.

“We’re pleased that Mayor Fulop understands how the Highlands provide clean water for urban New Jersey,” Wolfe said. “We call on Senate President Sweeney to get with the program and post SCR 66 for Senate passage and to support a resolution to veto the DEP Highlands rule rollbacks.”

SCR 66 is the legislative veto of a Flood Hazard Control rule change that will potentially allow more development in the buffer zones of high-quality streams. The Legislature has voted three times — twice in the Assembly and once in the Senate — to overturn the rule. One vote remains in the Senate and appears to have enough support to pass but Sweeney has not posted it for a vote. ~~~ end update]

Although few in number, about 30 NJ Highlands advocates were joined by political heavyweights last night at a special public meeting to build public awareness and opposition to the Christie DEP proposal to weaken a critical Highlands clean water protection known as the Septic Density Standard.

Jersey City Mayor Fulop sent the Deputy Mayor, who spoke knowledgeably about the value of the Highlands and threats overdevelopment poses to water resources. Speaking for Fulop, he strongly opposed the Christie DEP rollback as a threat to Jersey City’s water supply, noting Governor Christie’s abuse of power and violation of legislative intent. Hitting the Constitutional Legislative Veto nail on the head, he said the proposal:

would gut core protections of the Highlands Act through administrative means.

Fulop also is circulating an on-line citizen’s petition – See “Protect New Jersey’s Drinking Water” –  exercising the same leadership he did in the recent victory to block Governor Christie’s DEP plans to commercialize, privatize, and develop Liberty State Park. Bravo!

Fulop’s leadership shines a bright light on Senate President Sweeney – his likely opponent in the ongoing Democratic competition for Governor. Sweeney has stalled the Senate Resolution (SCR 66) to veto another major DEP clean water rollback and not yet taken a position on the Christie DEP’s Highlands rollback.

The Star Ledger recently editorialized, urging Sweeney to pass the Resolution, see:

• Will Sweeney protect our clean water from Christie’s bulldozers?

I suggested last night that, given Fulop’s leadership, Sweeney doesn’t want to be viewed as the dirty water candidate for Democratic nomination for Governor in a race with Fulop, so, folks need to let Sweeney know that he should get on board and fight for clean water!

Sweeney joined Fulop in the battle for Liberty State Park – he needs to do the same again.

Assemblyman John McKeon (7/11/16)

The meeting was moderated by Assemblyman John McKeon, a prime sponsor of the Highlands Act and champion for Highlands protections.

McKeon expressed a clear understanding of the flaws in the DEP proposal and why it conflicted with legislative intent.

He has introduced an Assembly Resolution to veto the proposal (see ACR 192).

Last night, in response to my question about the Senate side, he said a companion would soon be introduced by Senator Smith, another co-sponsor of the Act and Highlands champion.

I’ve written extensively about the proposal, so will stop here (e.g. see this and this and this and this and especially THIS and THIS.)

I applaud the Highlands Coalition and the other groups who organized the event – it was exactly the kind of reasoned public dialogue, activism and organizing we need to build public awareness and opposition to a complex and quickly moving rule proposal.

Highlands defenders need to get the word out and lobby legislators to support the McKeon & Smith Resolutions to veto the rule.

The Christie DEP is hell bent on adopting it as a mechanism to compensate property owners for lost development potential under the Act and to promote economic development.

They must not be allowed to weaken clean water protections to accomplish those goals.

At this point, the only way to do so is for the Legislature to defend the Act and block the Governor’s abuse of executive power.

[End Note: The DEP response to criticism in the Politico story is more spin:

“This is what happens when legislators or mayors just run with what is to fed to them by certain groups to appease those groups, without actually checking the facts on their own,” DEP spokesman Bob Considine said. “For starters, the ‘400 percent’ in development density is nothing more than a myth.”

I have not used that “400 percent increase in development density” phrase, but it is partially true and certainly not a “myth”.

The current septic density standard in forested areas of the Highlands Preservation Area is 88 acres. The DEP proposed new standard is 22 acres. That’s the source of the “400 percent” claim made by some. The claim leaves out the reduction of the current agricultural density of 25 acres to 12 and 13 acres. While the large majority of the land in the Preservation zones is forested, it is not completely accurate to claim 400 percent – that’s why I have not used the claim.

Regardless, the DEP press office needs to do the math – fractions and percentages are learned in 3rd or 4th grade.  88 divided by 22 = 4. In common usage, a fourfold increase in development density is 400 percent. Mathematically, it is actually a threefold increase, or 300%. Still, DEP’s criticism as “myth” is more misleading than the claim. ~~~ end]

[Update#2 – 7/13/16 – good Bergen Record story:

• Newark, Jersey City join opposition to plan to develop Highlands

[Update #3 – 7/18/16 – Star Ledger runs a killer editorial:

• From clean water rules to school funding, enough of Christie’s secrecy

So, enough. Not only should Sweeney stand up to the governor on stream and river protections, the Legislature should pass a similar resolution that overturns the rule changes on sewers and septic tanks, too. Christie officials shouldn’t get to conduct their policy negotiations behind closed doors. Time for a Legislative veto.

Source: NJ Highlands Coalition (7/16)

Tonight, the NJ Highlands Coalition is holding an important public meeting to inform the public and take public comments on the Christie DEP’s proposed rollback of the Highlands Preservation Area Septic Density Standard:

Time:  6:00 pm Wednesday, July 11, 2016
Location:  Montclair State University, Center for Environmental & Life Sciences (CELS) Rm 120

Bergen Record reporter Scott Fallon wrote the set up story, see:

• Environmentalists launch campaign against proposal to put septic systems in Highlands

It is important that people attend and express their support for clean water and preservation of the Highlands.

The map above shows that the benefits of the Highlands are distributed well beyond the region’s borders – Urban NJ receives its water supply from the Highlands, as this map clearly illustrates.

Highlands protections are vital – especially at a time when NJ seems to be entering another drought.

The DEP denied the Highlands Coalition’s request to extend the public comment period and hold additional public hearings, so the Coalition is holding its own public meeting. They will  take testimony and submit the public’s comments to DEP. The DEP extended the public comment period just 2 weeks – it closes on July 15.

The Coalition is doing DEP’s job to solicit public comments – a job that DEP has neglected – so let’s hope that people turn out and speak out against another Christie DEP rollback.

I’ve written multiple posts about why the proposal is flawed and would weaken important Highlands protections – for information, see this and this and this and this and especially THIS and THIS.

You can find more information about tonight’s meeting and directions at the NJ Highlands Coalition’s webpage.

High Point Trail, view of Wanaque Reservoir

We who believe in freedom cannot rest

We who believe in freedom cannot rest until it comes

Until the killing of Black men, Black mothers’ sons

Is as important as the killing of White men, White mothers’ sons

And that which touches we most is that I had a chance to work with people

Passing on to others that which was passed on to me

To me young people come first, they have the courage where we fail

And if I can shed some light as they carry us through the gale

The older I get the better I know that the secret of my going on

Is when the reins are in the hand of the young who dare to run against the storm

Not needing to clutch for power, not needing the light just to shine on me

I need to be just one in the number as we stand against tyranny

Struggling myself don’t mean a whole lot I come to realize

That teaching others to stand up and fight is the only way my struggle survive

I’m a woman who speaks in a voice and I must be heard

At time I can be quite difficult, I’ll bow to no man’s word

~~~ Ella’s Song (listen – ironically from St. Paul Minnesota)

DEP Dragging Their Feet In Warning Public About Drought

DEP Scientists Take Steps To Warn Public Despite DEP Managers and Politics

Are Gov. Christie’s Political Ambitions Blocking DEP From Declaring A Drought Watch?

“Extremely dry” drought indicators contradict “Normal” drought status (7/9/16, DEP)

[Updates below]

Something extraordinary and perhaps unprecedented just happened – certainly something I’ve never seen before.

There has been a quiet rebellion by the scientists at the DEP –

The scientists have taken steps to quietly warn the public about drought, without declaring a formal drought watch or warning and without the required approval of the DEP Commissioner.

NJ State Geologist Jeff Hoffman (L) is on a tight leash of Christie DEP political appointee Ray Cantor (6/1/16)

DEP water resource professions are basically saying their boss is not paying attention or is incompetent or political factors are blocking them from doing their job.

We’ve seen that in how Governor Christie killed the legally mandated update to the 1996 Water Supply Plan.

But I’ve never seen this before – highlighted in a bright yellow background – take a LOOK at the DEP drought indicators website:

Comment on the Drinking Water Supply Indicators: 

Scant rainfall, particularly across New Jersey’s northern tier, is degrading the drinking water supply indicators tracked by the NJDEP. Stream flows are ranked “extremely” dry, the lowest category, in the four most northerly regions, while shallow ground water levels are considered “severely” dry in all but the Coastal South region. Reservoir storage, however, is only marginally below the long-term average, and this helps mitigate the effects of the dry weather.  While there are no adverse impacts on drinking water supplies at this time, the constrained indicators point to potential trouble ahead in terms of a developing water supply drought if dry conditions persist. Accordingly, DEP water professionals are closely monitoring conditions to plan for and recommend administrative actions, should they become necessary.

Perhaps the DEP scientists are concerned that key drought indicators contradict the declared “water supply status”.

Some key drought indicators like precipitation and stream flow and groundwater levels are “Severely dry” and “Extremely dry” – the worst conditions –  yet the “Water Supply Status” is listed as “Normal”.

This is what stream low flow looks like – Alexauken Creek (9/29/15)

DEP Commissioner’s approval is required to declare a drought Watch, Warning or Emergency – the steps DEP scientists refer to as “administrative actions”.

DEP drought warnings are politically sensitive and can be controversial. Typically, as a matter of practice, the declaration of a drought Watch by the DEP Commissioner requires at least consultation or in some cases approval by the Governor’s Office, depending on the independence of the Commissioner and the management style of the Gov. In this case, a weak and inexperienced Commissioner reports to a powerful micro-managing Governor, so I am certain the Gov. must sign off before DEP can act.

The science is clearly not reflected by the DEP policy.

(Note: the DEP scientists’  warning was prior to last night’s storm – which is just another example of NJ’s vulnerability and pattern of “Lurching From Drought to Flood“).

I guess it would be politically inconvenient for DEP to declare a “Drought Watch” while environmentalists have launched a campaign and are BLASTING DEP for rolling back water resource protections in the Highlands, which supply drinking water for about 5 million people.

Of course, it is possible that the Governor doesn’t want drought declared in his state at a sensitive time he is seeking a VP or Cabinet slot in the runup to the Republican National Convention on July 18.

Regardless of the motivations, once again, the science contradicts the policy of the Christie administration’s DEP.

Is this the “trouble ahead” and where we’re heading? (and with low stream and river flows come higher concentrations of pollutants, which limit the use of river water for pumping to reservoirs and increases health risks from river driving water intakes.)

Wanaque Reservoir

[Update #1 – 7/10/16 – This post closed with a photo of a dead fish for a reason: to show that aquatic life depends on stream and river flows. Low flows, combined with warm temperatures, create conditions that deplete oxygen and kill.

DEP is ignoring their responsibility to protect ecological uses of our waters – a responsibility established under both the NJ Water Supply Management Act and the Clean Water Act.

DEP is considering ONLY the reservoir levels and ONLY the drinking water uses of water associated with drought conditions. This DEP statement PROVES that:

Reservoir storage, however, is only marginally below the long-term average, and this helps mitigate the effects of the dry weather.

To make a statement like this show that abdication.  Reservoir storage only mitigates the effects of dry weather on the people drinking reservoir water and the aquatic life that uses the reservoir.  ~~~ end]

[Update #2 – 7/18/16 – NJ Spotlight follows with the story – ignores of downplays the policy, planning and regulatory issues and is a LOT more generous to DEP than I, as usual:

• RAINS EASE DROUGHT WORRIES FOR NOW, BUT OFFICIALS WARN OF POTENTIAL WATER SHORTAGE

Almost 7 years into the CHristie DEP debacle and still we can’t get critical reporting. WTF! – end