WolfeNotes.com

It was an unusually bad day today for DEP on at least three fronts. They admitted they made a mistake in calling landfill leachate “natural”; they admitted that their State Land lease appraisal methodology was seriously flawed; and they engaged in unprecedented and transparent bad faith in negotiating with the Senate Environment Committee  Chair and a republican Senator.  Here’s these stories in a nutshell.

[Update – see point #2 –  this is getting rather nasty – Kirk Moore writes the real story in Asbury Park Press: DEP: Oyster restoration project must be removed

Baykeeper and its supporters say the confrontation only arose because the DEP has failed to maintain adequate shellfish patrols, a shortcoming cited by the U.S. Food and Drug Administration in its annual reviews of New Jersey’s shellfish program. DEP officials say they cannot provide enough security for oyster projects in prohibited waters because they are hard-pressed to maintain patrols to keep the shellfish industry open.

“They need to buy a vessel, they need to beef up patrols” over the rich Sandy Hook-Raritan Bay clam grounds, said Bill Wolfe, a former DEP worker and New Jersey state director of Public Employees for Environmental Responsibility, who obtained and released a copy of the 2009 FDA assessment.

The federal report by longtime shellfish specialist Gary Wolf found the DEP’s marine law enforcement patrols were too infrequent to meet federal standards on 70 percent of the state’s shellfish areas.]

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1. Riegle Paper Co. landfill – toxic leachate not “natural”

 We recently criticized DEP’s claim that an old landfill discharging leachate to the Delaware River was “natural” – see: DEP calls toxic landfill leachate “natural”

Today’s Hunterdon County Democrat story vindicates that criticism. DEP rescinded the “natural” remark and agreed to conduct environmental sampling and cleanup. (see: Orange goo from Alexandria Twp. landfill will be tested

Many thanks to the diligent efforts of Alexandria resident Rick Toone who flagged the problem, and good old fashioned reporting by Teresa Fasanello.

Give DEP credit for admitting mistake and agreeing to do the right thing. I filed OPRA and will keep you posted once I get a chance to review the file.

Senator Cardinale (R-Bergen) testifies before Senate Environment Committee today in support of his bill to over-ride DEP Commissioner Martin's termination of shellfish restoration research projects

 

2. Eat NJ shellfish at your own risk

This story sheds a really negative spotlight on Commissioner Martin’s judgement and strongly suggests DEP engaged in bad faith during legislative testimony today. 

Yesterday, we criticized Martin for using shellfish restoration research projects as a diversionary scapegoat, while ignoring far more significant risks to public health. Martin seeks to divert atttention from the fact that DEP has failed to comply with FDA requirements and not honored previous commitment to FDA to correct deficiencies.

The most recent FDA evaluation Report found that the NJ shellfish program does not meet FDA food safety standards.  The FDA Report repeated prior report findings.

A March 2010 FDA Report found that cutbacks in state inspections and enforcement “could negatively impact the public health as well as New Jersey’s large shellfish industry”. Critical state reductions come just as the state is supposed to expand its disease prevention oversight on oysters and DEP Commissioner Martin is under fire for his termination of shellfish restoration research projects, under the guise of meeting FDA requirements (despite one of the dumbest Star Ledger editorials ever, which absurdly concluded that NJ could no longer afford basic food safety protections:

At a time when New Jersey is throwing people off health care programs and cutting tax credits for the working poor, we can’t spend money to boost our (shellfish food safety) patrols.

 (see:  CHRISTIE CUTS JEOPARDIZE JERSEY SHELLFISH SAFETY — New FDA Report Details Risks to State’s Billion Dollar Shellfish Industry

Today, a bill by conservative republican Senator Cardinale to over-ride Martin’s decision was heard in the Senate Environment Committee. (read Cardinale’s bill (S2122).

DEP took a pretty good beating and it is clear that there is legislative support for Cardinale’s bill.

Let’s be super scientific in our characterization and just say that scientists for Baykeeper, Rutgers, and the Hudson River Foundation absolutely kicked DEP’s ass – it was no contest, stop the fight (even Senator Cardinale, someone I don’t think I ever agreed with, made sense).

Chairman Bob Smith tried to save face for DEP by holding the bill and gave DEP an opportunity to reach some compromise with Baykeeper and Cardinale.

DEP Assistant Commissioner Cradic agreed with Smith and said she was committed to reaching a negotiated solution. Chairman Smith invited Senator Cardinale and Baykeeper to a meeting to work it out.

Smith clearly warned Cradic that if DEP didn’t reach a compromise soon, then the bill would be passed quickly.

Remarkably, after agreeing to work on a solution, not 2 hours afer the Senate hearing, DEP issued a press release announcing an enforcement action against Baykeeeper. (read the Star Ledger and Bergen Record stories)

I have never seen anything approaching this kind of bad faith by DEP in 25 years in Trenton.

But, the narrow focus of the hearing on shellfish gardening ignored the gorilla in the room – the far larger FDA compliance and risk issues. Those issues are not going away, so Martin’s little gambit will eventually be exposed.

Christie Administration's new head of the Green Acres program comes under fire for sweetheart lease deal

 

3. Sweetheart gas pipline deal

There’s no way to sugar coat this one – the deal amounted to theft, deception, and coverup – to a transparent and shameless degree that is unusual, even by Trenton’s standards of corruption.

Last week, we wrote about a DEP sweetheart deal to lease forested water supply watershed state park lands to Texas based Tennessee Gas Co. (see: Gas Pipeline Deal Just One Example of Far Larger Problems at DEP

In anticipation of today’ hearing, we expanded that criticism: MARCELLUS GAS PIPELINE’S CHEAP PATH THROUGH JERSEY PARKLANDS — Paltry $45,000 for 24-Year Lease on $2 Billion Pipeline Up for Quick Approval

While the deal was again severely criticized from all quarters, the State House Commission today approved the deal.

Only one legislator, Senator Bob Smith (D-Middlesex) opposed the deal. Smith complained  that the State was not fairly compensated by the $45,000 negotiated by DEP. Smith said the lease value should be based on gas pipeline revenues. Smith opposed the 24 year term DEP negotiated as a transparent attempt to circumvent public hearing requirements (an extreme abuse designed to cover up a really bad deal) and challenged DEP land value cap of a maximum of $7,500 per acre for restoration of high value upland forest. 

Assemblyman Cryan, who at the prior July 2 SHC hearing said the deal was so bad it “shocked the conscience” (click for 7/2 hearing transcript), voted in favor of the deal today after Senator Cardinale moved to increase the DEP’s negotiated $45,000 compensation value fourfold to $180,000.

Wonder who got to Cryan?

Deputy Attorney General Kotler, Counsel to the Commission, says members can vote even if they didn't attend hearing, hear, or review the testimony!

The deal was so dirty that even the Attorney General’s Office reversed themselves.

On July 2, the AG took the unusual step and ruled that Senator Kyrillos could not vote because he had not attended the hearing or listened to the testimony. This apparently outraged Kyrillos, who arrogantly saw it as a challenge to his power and legislative perogatives.

Today, in what can only be described as an unprincipled capitulation, blow to the concept of representative democracy, betrayal of the public trust, and promotion of the back room deal, Deputy AG Gary Kotler reversed his own July 2 opinion and said Commission members could vote, even if the did not attend the hearing hear the testimony, or review transpcripts!

On a positive note, DEP admitted that their lease valuation method was flawed – again vindicating our criticism – and pledged to reform the program and renegotiate existing and new leases and easements for utility lines. Based on OLS audits, there are perhaps hundreds of easements and utility lines involved, suggesting a potential to achieve thousands of acres of mitigation and millions of dollars is renegotiated fair market value compensation, so this kind of reform could be huge.

Star Ledger coverage: N.J. commission approves gas line construction through Highlands region

All in all, while we’ll note vindication, a small win on the Tennesse gas lease deal, and potentially significant reforms, it was a very bad day for DEP.

Christie Budget Fails To Fund FDA Requirements – Public Health & $1 Billion Industry at Risk

[Updates below]

The latest federal Food and Drug Administration (FDA) evaluation of NJ’s Shellfish food safety program has found several significant deficiencies.

These significant weaknesses in oversight of food safety go far beyond the single one noted by DEP Commissioner Bob Martin in his recent controversial move to target and terminate restoration research projects, allegedly on the basis of FDA public health concerns (See: Commissioner Aims to Protect Public Health and Shellfish Industry“).

The so called “shelllfish gardening” restoration research projects are an insignificant component of larger FDA documented failures by NJ to meet federal requirements. FDA identifies the “gardening” issue as an “emergent concern” and is equivocal in its review, even praising efforts of NJ to work with NY officials.

It is obvious that Martin used a high profile attack on the “gardening” issue to mask NJ’s failure to address far more serious and longstanding lack of compliance with FDA requirements that create risks to public health. Instead, Martin tried to create the Orwellian and false appearance that he is strictly protecting public health. This line from Martin’s press release is so incomplete and misleading that it amounts to a lie:

The state also wants to ensure compliance with U.S. Food and Drug Administration regulations.

The FDA “regulations” are focused on far more significant and chronic problems in NJ, including:

FDA found that NJ DEP and NJ Department of Health monitoring does not meet minimum fedeal requirements and as a result, there are threats to public health.

FDA found that the Christie Administration failed to fund previous commitments made to FDA to increase inspections and monitoring of NJ’s shellfish waters and food industry.

The FDA Report confirmed cases where consumption of contaminated NJ clams and oysters have led to illness and disease outbreaks, but that NJ claimed they were “sporadic” in nature and did not formally declare an outbreak and warn the public.

The FDA indicated that NJ’s coastal waters could be closed to shellfish harvesting as a result of these failure to correct chronic deficiences. NJ’s “inability to maintain compliance” with FDA requirements represents a major threat to the economic viability of NJ’s $1 billion shellfish industry and thousands of jobs.

The specific major flaws found by FDA’s evaluation of NJ’s program include:

1. The Department of Environmental Protection Marine Enforcement has insufficient staffing to meet patrol frequency requirements, particularly for patrols of prohibited, restricted, and closed areas that represent the greatest risks.

2. DEP has failed to purchase a larger and seaworthy vessel required to patrol NJ shellfish growing waters.

3. The DEP has failed to provide a previously agreed to Action Plan to address failure to meet patrol requirements and purhase a vessel.

4. Department of Health did not comply with inspection requirements for certified shellfish dealers. DHHS did not submit a previously required Action Plan to correct these violations. DHSS must develop an action plan to address its failure to meet inspection frequency requirements for shellfish processing and shipping

5. There has been a 30% shortfall in DEP marine water sampling due to loss of employees. DEP layoff and furlough policies seriously limit solutions to a chronic lack of adequate staff.

6. There remain waters in NJ that are clearly impacted by non-point source pollution, including the upper Navesink River, Sandy Hook Bay, and Shrewsbury River. Use of microbial pollution source tracking is needed.

7. NJ lacks regulations that prohibit overboard discharge of human bodily wastes and prevent the public health risks that resut from such discharges.

Read the full assessment and PEER analysis below.

Christie Cuts Jeopardize Jersey Shellfish Safety

New FDA Report Details Risks to State’s Billion Dollar Shellfish Industry

Trenton – Cutbacks in state inspections and enforcement “could negatively impact the public health as well as New Jersey’s large shellfish industry, according to a new U.S. Food and Drug Administration (FDA) evaluation released today by Public Employees for Environmental Responsibility (PEER). Critical state reductions come just as the state is supposed to expand its disease prevention oversight on oysters.

The FDA “Annual Program Evaluation Report of the State of New Jersey Shellfish Program” for Fiscal Year 2009 faults a shrinking state commitment to protecting the public from contaminated shellfish (oysters, clams, mussels and scallops), including:

• • Deficient state “inspection frequency which fall below minimum levels”. As a result, “official inspections or investigations were not conducted at each Certified Shellfish Dealer receiving oysters” to determine compliance with the control plan for Vibrio parahaemolyticus (Vp), a marine bacterium associated with food poisoning;
  • Inadequate enforcement patrols to prevent illegal shellfish harvesting. The FDA found that 70% of New Jersey designated Patrol Area (21 out of 30) “were not in compliance during one or more thirty day Patrol periods for FY 2009”; and
  • The situation is deteriorating as the state suffered a “roughly 30% shortfall in sampling” in 2008 from which it has still not recovered. In addition, the Christie budget removes “state budgeted line item” funding needed to sustain additional patrols in critical areas.

The FDA report concluded that “further cuts in these field functions will likely result in NJ’s inability to maintain compliance without the closure of a significant portion of New Jersey coastal waters to shellfish harvesting.

“The Christie administration does not seem to grasp that we need tough public health enforcement to enable our economy to grow,” stated New Jersey PEER Director Bill Wolfe.  “The Governor’s ham-handed budgetary approach is endangered a major industry and employer.”

Ironically, New Jersey Department of Environmental Protection (DEP) Commissioner Bob Martin cited FDA as the cause for a controversial decision this June to ban research-related gardening of shellfish to improve water quality in the Hackensack River and Raritan Bay.  Yet, in contrast to other criticisms, the FDA report found that the DEP “continues to maintain an appropriate focus on the public health aspects of oyster/shellfish gardening” and complimented DEP cooperation with New York State on the program.

“DEP has seized on shellfish gardening as a red herring, no pun, intended, to divert public attention from deeper problems,” Wolfe added. “Bob Martin should be ashamed of himself for shutting down these constructive research and water quality efforts for political reasons.”

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Read the FDA Report

http://www.peer.org/docs/nj/7_14_10_FDA_evaluation_NJ_Shellfish.pdf

View the DEP announced ban on shellfish gardening

http://www.nj.gov/dep/newsrel/2010/10_0053.htm

Find out about the FDA shellfish sanitation program

http://www.fda.gov/Food/FoodSafety/Product-SpecificInformation/Seafood/FederalStatePrograms/NationalShellfishSanitationProgram/default.htm

Look at the DEP Seafood safety site

http://www.state.nj.us/dep/wms/bmw/

New Jersey PEER is a state chapter of a national alliance of state and federal agency resource professionals working to ensure environmental ethics and government accountability

[Update #3: 7/20/10 – today’s Star Ledger editorial reverses their June 27 opinion in light of new information, and gets it right: Austerity creates feeble government in New Jersey.

As I’ve noted, the Ledger’s conclusion in that June 27 editorial, i.e. “At a time when New Jersey is throwing people off health care programs and cutting tax credits for the working poor, we can’t spend money to boost our patrols.” was simply wrong and based on incomplete and inaccurate information and DEP spin. Let’s hope that Ledger editors and reporters, after having been deceived and spun badly by DEP, are more diligent before accepting DEP statements at face value.  ~~~ end update]

Update #2: 7/18/10 – with more shoes to drop, the real story finally begins to emerge despite DEP Commissioner Martin’s obfuscation. On Saturday, Kirk Moore of the Asbury Park Press wrote a fine story Feds: NJ didn’t patrol shellfish grounds which was followed today by the Star Ledger story  NJ’s oyster industry faces shutdown if federal health requirements are not met. More shoes to drop on this story.  ~~~ end update]

[Update #1: after talking to reporters who don’t seem to get it, let me say this simply:

NJ made commitments to the FDA to implement corrective actions to cure historical deficiencies “this summer” (2010).

The Christie Administration has not honored those commitments.

The question remains whether FDA will allow NJ to continue to flout federal food safety requirements.

But one thing is certain: the shit will hit the fan if there is a shellfish food poisoning outbreak.  ~~~ end update]

Photo by Luke Sharrett/The New York Times – President Obama, with an F-18 Green Hornet that allegedly will run partly on bio fuel, during his speech on energy security at Andrews Air Force Base in Maryland. Obama supported lifting the moratorium and expanding offshore oil drilling (event photo late March, just weeks before the Gulf oil blowout).  BP is the Pentagon’s largest oil supplier, and that’s oil, not bio-fuels. Obama gave big oil its wish as a concession to secure republican support on a global warming bill. How is that political strategy looking now? How is this cynical photo op propaganda stunt any different than the notorious Bush “Mission Accomplished” flight deck photo? How can it get worse than spinning global warming, while promoting oil drilling and war?

[Update 3 – 7/15/10 – more news you won’t read in NJ papers –  following up on the LA Times story, EPA Administrator Lisa Jackson hammered by Senate on EPA policy on Gulf dispersants, see NY Times story – NJ Senator Lautenberg to introduce bill to provide cover for Jackson’s failures to use existing authority under Clean Water Act. All while BP and EPA spin the numbers (watch CNN segment and see!). And read this – it’s all you need to know about “see no evil” EPA science:

Currently, federal agencies are not testing seafood coming out of the Gulf for traces of chemical dispersants.]

Update 2 – if anyone thinks I am just anti-Obama or writing this out of some form of anti-Obama bias, see this July 14, 2008 post – and for an excellent big picture analysis of the Obama administration failures, with which I agree see: Kabuki Democracy: Why a Progressive Presidency Is Impossible, for Now]

Update 1: Dan Froomkin at HuffPo also nailed it: Despite Obama’s Lofty Words, Scientific Integrity Rules Are Lagging]

The Los Angeles Times prominently featured an important national story you won’t read in NJ papers – I want to provide a long excerpt before I provide my own NJ based thoughts (based on NJ experience).

The LA Times headline captures the essence of the story:

Scientists expected Obama administration to be friendlier – A culture of politics trumping science, many say, persists despite the president’s promises. The use of potentially toxic dispersants to fight the gulf oil spill is cited as just one example.

Reporting from Washington –

When he ran for president, Barack Obama attacked the George W. Bush administration for putting political concerns ahead of science on such issues as climate change and public health. And during his first weeks in the White House, President Obama ordered his advisors to develop rules to “guarantee scientific integrity throughout the executive branch.”

Many government scientists hailed the president’s pronouncement. But a year and a half later, no such rules have been issued. Now scientists charge that the Obama administration is not doing enough to reverse a culture that they contend allowed officials to interfere with their work and limit their ability to speak out.

“We are getting complaints from government scientists now at the same rate we were during the Bush administration,” said Jeffrey Ruch, an activist lawyer who heads an organization representing scientific whistle-blowers. […]

The most immediate case of politics allegedly trumping science, some government and outside environmental experts said, was the decision to fight the gulf oil spill with huge quantities of potentially toxic chemical dispersants despite advice to examine the dangers more thoroughly.

Ruch’s organization, Public Employees for Environmental Responsibility, also said it had been contacted by an EPA toxicologist who said a request for review of the toxicity of oil dispersants in the Gulf of Mexico was rebuffed.

EPA analyst Hugh B. Kaufman, a 39-year veteran, said he had heard similar complaints from colleagues. Kaufman believes that his agency “gave the green light to using dispersants without doing the necessary studies.”

A past EPA administrator, William Reilly, said in an interview with CBS last month that he had refused to allow the toxic chemicals’ use after the 1989 Exxon Valdez disaster off the coast of Alaska because of the potential effect on salmon.

Democratic Rep. Jerrold Nadler of New York, who has proposed legislation to prohibit dispersant use until further scientific studies are completed, said the EPA “has been entirely irresponsible” in its review of dispersants.

In May, EPA Administrator Lisa Jackson acknowledged that dispersants could be problematic, but that “they are used to move us toward the lesser of two difficult environmental outcomes.”

In contrast to the “Many government scientists (who) hailed the president’s pronouncement“, and “expected the Obama Administration to be friendlier“, we are not at all surprised by the fact that the Obama EPA is acting like the Bush EPA when it comes to elevating politics over science.

US EPA Administrator Lisa Jackson is a political animal that is loyal to her boss, first and foremost.

In NJ, her loyalty went to Governor Corzine, not science and environmental and public health protection. In Washington, it is Obama.

As regular readers of this blog surely know, while current US EPA Administrator Lisa Jackson was Commissioner of the NJ DEP, we frequently critized her leadership on issues related to a lack of transparency and scientific integrity, particularly her tendency to issue lofty sounding press statements with no follow through and to elevate political interests above science (for examples, see this, and see this and this and this and this and this).

We reiterated those concerns during her EPA confirmation hearings.

But while those issues received attention of the Chair of the US Senate Environment Committee and national press outlets, very few of our criticisms got serious consideration in NJ media circles.

Instead, NJ press and politicians (and some environmentalists) acted as cheerleaders for Jackson, who is now advising Obama on issues of environmental and public health science, while caving to oil interests on the dispersant toxicity issues (and big coal and others).

Those same groups that backed Jackson sat silently on the sidelines when Obama rolled out his pitiful global warming program that was denounced by the world in Copenhagen.

Those same groups now support Obama’s pathetic cap and trade scheme – modeled on NJ’s failed effort crafted by Lisa Jackson –  which was denounced by leading global warming scientist, Jim Hansen.

They said nothing when on March 30 the NY Times reported that Obama announced support for off shore oil drilling, ironically just weeks before the BP Gulf oil blowout.

(Update: Jackson testified to US Senate  (@ page 18) in opposition to offshore drilling off  the Virginia coast when NJ DEP Commissioner – so there are 3 disturbing possibilities: either: 1) her NJDEP testimony was all politics; or 2) she caved and did not oppose Obama’s plan; or 3) Jackson has no influence in Obama energy circles: see note below for testimony, which got wall to wall high profile favorable press coverage in NJ – but where are those reporters now when Jackson’s commitment, influence, and integrity are called into question?).

So now the Gulf dispersant issue (and many others) illustrates why it is important to speak truth to power and tell it like it is – especially when your so called progressive friends and political allies let you down.

So, given Jackson’s NJ history, why is there  surprise that Obama has not delivered on promises and lived up to expectations with respect to science ?

(Note:  For a prescient critical assessment of Obama’s team, see: “Obama’s Used Green Team – Meet the Retreads“.

EPA Administrator Lisa  Jackson is the third “strongest” Obama cabinet science advisor,in a lackluster constellation of recyled Clinton EPA head and now Climate Change Czar Carol Browner, political hack Ken Salazar, and former NJ Girl Heather Zichal, Obama’s Deputy policy advisor on energy and global warming. Jackson is third, behind superbly qualified  Secretary of Energy Chu and NOAA Administrator Lubchenko).

[Update 3 – Lisa Jackson’s January 25, 2007 testimony to US Senate Energy and Natural Resources Committee  (@ page 18)- opposed off shore drilling based on based on Virginia location and proximity to NJ beaches – did she give Obama the same advice?:

“I would like to reaffirm the State of New Jersey’s opposition to oil and gas lease sales for areas off the coast of New Jersey, as well as the opening of the mid-Atlantic to offshore oil and gas development. Such an action would leave New Jersey vulnerable to damage caused by drilling related incidents in nearby waters. While I can only speak for New Jersey, other northeast states, including Delaware and Connecticut, have been just as vocal in their opposition to drilling in the Outer Continental Shelf.

Our coast helps drive our tourism economy, which brings in more than $36 billion a year. In fact, one out of every six jobs in New Jersey is related to the “Coastal Zone,” making coastal revenues our state’s largest economic sector . $4.5 billion comes from commercial and recreational fishing and aquaculture alone.”

[Update 3 – 7/18/20 – Philly Inquirer editorial gets it: This road looks familiar]

Update 2 – 7/12/10 Surprise, surprise! The beat goes on! Today’s Star Ledger reports: Gov. Christie seeks scaling back pensions, health benefits for N.J. employees

Update 1: 7/11/10 – today’s Star Ledger story by Brian Murray nails it: N.J. environmental groups slam state for mismanaging private vendors at state parks:

TRENTON – A task force report recommending New Jersey let private vendors run all 58 state parks met with controversy last week even before it was released, as audits circulated by environmental groups showed the state continues to “mismanage” 236 contracts already held with private entities operating on public lands.

The state Privatization Task Force, formed by Gov. Chris Christie, concluded the state Department of Environmental Protection could save “approximately $6 million to $8.2 million” by letting private companies manage state parks.

But for more than a decade, the DEP has mismanaged lease agreements and contracts, including failing to collect payments, by which public lands and facilities are operated and used by private entities, according to audits released in 1997, 1999, 2004 and last December by the Office of Legislative Services. […]

“Even during a time of fiscal emergency, when the parks are starved for cash, DEP has shown no ability to manage current leases and contracts. As a result, the taxpayers and the parks visitors both lose. … At best, privatization is unproven and has had a scandalous past in New Jersey,” said Bill Wolfe of Public Employees for Environmental Responsibility.]

(click here for a copy of the Report)

I was going to write today about the real estate appraisal I obtained that DEP claims was the basis for a sweetheart state park land lease deal with Texas based industry giant Tennesse Gas Pipeline Co., but  today’s news forces me to shift gears to another important issue.

Ironically, today’s more important topic is closely related to the serious underlying policy and management flaws exposed by the Tennessee Gas deal.

Three weeks ago (BEFORE we learned about the Tennessee Gas deal), we noted the erie silence during state budget negotiations on the overdue Report on privatization, mandated by Governor Christie’s Executive Order #17. The Report was due May 31, and Christie’s budget assumed $50 million in savings (see: “All quiet on the Privatization Front“)

Well, it looks like that shoe has dropped – according to today’s Star Ledger, the Christie Report goes far beyond Christie’s $50 million savings goals and says privatization can save $210 million annually: Christie administration recommends massive privatization of N.J. services

TRENTON  – New Jersey would close its centralized car inspection lanes and motorists would pay for their own emissions tests under a sweeping set of recommendations set to be released by the Christie administration today.

State parks, psychiatric hospitals and even Turnpike toll booths could also be run by private operators, according to the 57-page report on privatization obtained by The Star-Ledger. Preschool classrooms would no longer be built at public expense, state employees would pay for parking and private vendors would dish out food, deliver health care and run education programs behind prison walls.

All told, the report says, New Jersey could save at least $210 million a year by delivering an array of services through private hands.

We haven’t read the Report yet, but are shocked that Christie was dumb enough to revive the Whitman Administration’s boondoggle with the Parsons contract for the car inspection program.

Read the State Commission of Investigation (SCI) Report (click here) for the story on the Parsons contract fraud.

SCI documents that NJ taxpayers were ripped of by more than $300 million and the system didn’t work. Political insiders and corrupt Whitman cronies ignored expert recommendations and warnings. As a result, Parsons gorged themselves at the public trough (guess it’s no coincidence that Christie moved to kill the SCI see: Christie puts leash on public watchdog )

The Privatization Report follows our disclosure of a recent Office of Legislative Services Audit that revealed that DEP is unable to collect millions of dollars of  rents owed at State Parks and capture the current market value of leases and easements across  state lands. (see: Star Ledger story”Audit Shows that public land leases to private firms continue to  trouble NJ” .

PEER disclosures that broke that story: NEW JERSEY FORFEITS MILLIONS ON PARK LEASES AND CONCESSIONS –  Lapsed Leases, Below Market Rates and Sweetheart Deals Give Corporations Breaks)

Given these historical failures and the fact that serious policy and management problems at DEP remain unresolved, how can even more DEP programs and State Parks be privatized?

IF DEP doesn’t even have a list of all leases and concessions and can’t collect the rent from highly profitable corporate gas pipelines across state parks, how are they going to manage more complex contracts from less profitable businesses?

And then there is the major unknown lurking – a likely fiasco brewing – in the privatization of the DEP toxic site cleanup program by the Legislature just last year. Evaluation results of the LSP program are not yet in, but glaring conflicts of interest and other problems in the design of the “Licensed Site Professionals” program (and early poor performance results) have bright red and yellow lights flashing, suggesting major disasters and corruption on the horizon.

We will do a detailed review after we get a hold of the Report.

My initial sense is that this is “free market” ideology and corporate cronyism run riot.  More to follow.

[Update: 7/7/10: today’s Star Ledger story fails to tell readers about DEP drought monitoring indicators or the phased and progressively more aggressive 4 step process getting to mandatory restrictions (i.e. Normal, Watch, Warning, Emergency). That process was ignored and the Ledger provided no criticism of DEP’s delay or notation of the fact that United Water issued mandatory restrictions BEFORE DEP’s voluntary ones. But criticism of DEP is implied in noting USGS concerns: N.J. calls for voluntary water restrictions as temperatures hike up to 100 degrees]

The U.S. Geological Survey contends New Jersey and other parts of the northeast are in “abnormally dry” conditions, but the state Department of Environmental Protection said it is not yet issuing a formal drought warning.

Looks like DEP managers are reading WolfeNotes, but a few days late and more than a dollar short (update: 7/7/10: Gov. Chris Christie urges N.J. residents to conserve drinking water during drought

Just yesterday, we blasted DEP for being asleep at the switch as drought conditions emerged (see: DEP Asleep at the Switch as Drought Conditions Arise)

We noted that DEP had not updated their drought monitoring indicators assessment in two weeks.  DEP said conditions were normal while United Water imposed mandatory water restrictions in Monmouth County.

Late today, DEP issued this press release: RESIDENTS URGED TO VOLUNTARILY CONSERVE WATER DURING DRY SPELL

The DEP press release narrative closely follows our prior criticism.

Better late than never – but voluntary measures are of limited effectiveness, so DEP has done far too little, too late.

The drought monitoring indicators webpage was updated late TODAY (I checked this morning and the June 23 version was still there).

But, look closely and note  that the text says the update was done on June 30, while the bottom of the page reveals that the Update occurred on July 6 (today). 

Looks like the Update was backdated to create the false appearance that DEP is not responding to our criticism and issued the update BEFORE the United Water mandatory restrictions.

But we are not fooled by such games.