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Sandy Clean Water Funds Shine Spotlight on Major Problems

May 4th, 2013 5 comments

But Media Print the Press Releases and Miss the Story (Again)

NJ’s $229 million share of the $60 billion Congressional Sandy bailout appropriated for water infrastructure got a lot of media play and press releases this week (e.g. see:  

So I want to take a moment to make a few important points that were ignored in that coverage (readers: please hit the links in this post, there’s a lot of meat there).

First, while Gov. Christie and DEP have issued scores of press releases and done many PR events about  Sandy recovery and NJ’s receipt of federal aid, both were curiously silent about this particular $229 million tranch of federal money.

Where was the Gov.? Where was DEP Commissioner Martin?

They don’t want to talk about clean water?

They don’t want to take credit for getting federal money?

Why is that?

Answer: Because they are highly vulnerable.

EPA’s Region 2 Administrator Judy Enck revealed why, i.e. these are not new problems, they were well known and existed long before Sandy hit, but were ignored:

As of now, a project vying for the money must have been affected by Hurricane Sandy, and it must propose fixes that would allow it to withstand future disasters. That includes upgrades such as submersible pumps, backup power sources and barriers to prevent flooding, [EPA Regional Administrator] Enck said.

As of now”? What? Is that some variant of Obama’s “look forward, not backward”?

Did the world begin anew after Sandy? Is this all down the memory whole via the dismissive phrase “As of now”?

Even the most cursory probe or investigative journalism would reveal that:

1) NJ DEP ignored multiple warnings and performed miserably in preparing for and preventing the severe water infrastructure problems we experienced during Superstorm Sandy;

2) existing DEP emergency planning regulations and permits are weak and unenforceable;

 NJ DEP NJPDES regulations (@ NJAC 7:14A-6.12) specify limited emergency planning provisions for certain wastewater treatment facilities, including back up power provision. These are not mandatory enforceable permit conditions and DEP has lax oversight of these important functions.

NJ DEP Water Supply Planning regulations (@ NJAC 7:10-2.3 Plan for provision of potable water in emergencies) task NJ DEP with the responsibility to develop emergency plans for public water supply systems across the state.

On January 24, 2013, DEP denied my OPRA request for these emergency plans that are mandated by DEP’s own regulations.

3) there are no new DEP plans, regulations, enforcement initiatives, or funds for preventing the same problems from occurring – in fact, DEP has effectively deregulated Sandy infrastructure rebuilding;

4) aside from Sandy damage and vulnerability, there are HUGE multi-billion dollar infrastructure deficits and a complete lack of asset management that DEP and BPU are sweeping under the rug; and

5) Failures can be directly tied back to Governor Christie’s policies and Executive Orders!

The second major issue ignored by media and environmental critics  is that President Obama CUT the clean water State Revolving Fund by $447 million.

Those cuts are reflected in the Christie FY’14 budget.

As I wrote:

3.  Clean Water Cuts

At a time when the best evidence from the ASCE Report card concludes that we need to invest $298 billion over the next 20 years for water infrastructure, Obama’s budget proposes to  cut $474 million from the State Revolving Fund (SRF) that pays for those investments (this is in addition to prior cuts due to sequestration)

Much more investment is required if adaptation to climate change is considered and infrastructure asset management is changed from a voluntary to a mandatory program.

So why am I the ONLY one to write about the Obama cuts?

Or to expose the fact that praise of EPA is absurd, because EPA had nothing to do with the $229 million, that was a Congressional appropriation.

I’ll praise EPA when they promulgate new regulations (as is adopt them, not propose them, issue exaggerated and self-congratulatory press releases, bask in media and ENGO praise, and then withdraw them a year later) or take enforcement action, not when they hand out money.

Worse, the appropriation was made with few STRINGS attached, i.e. all vulnerable water and sewer facilities are not required conduct vulnerability assessments, asset management plans, and upgrade to prevent future loss. Those requirements apply ONLY to those facilities that were struck by Sandy that request the money – very few of NJ’s vulnerable facilities will be subject to these requirements. 

Tom Johnson at NJ Spotlight was the only media to put the story in context (i.e. to mention huge infrastructure deficits) and to include criticism from environmentalists – but even Tom did not mention the Obama cuts or the DEP performance issues (see:  Number of the Day – $229 Million)

When a plane crashes, it’s page one news and we spare no resources to conduct detailed investigations to learn why and take steps to fix the problem and prevent a recurrence of whatever failed.

But water and sewer plants fail and we don’t care?

We can live without a plane for a week – try living without water for that long.

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Is NJ Quietly Slipping Into an Early Drought?

May 3rd, 2013 3 comments

Do Below Normal Stream Flows and Unusual Weather Pattern Portend Drought?

Just Like Sandy, State Unprepared- Water Supply Plan Decades Old

Where is the DEP Water Supply Master Plan Update?

Hit links below for data (Source USGS - h/t Todd Bates

Todd Bates of the Asbury Park Press, posted some interesting data and maps on his “EnviroGuy” blog:

New Jersey’s dry spell has led to below-normal stream flows in most of the state, according to the U.S. Geological Survey.

In part of North Jersey, stream flows are equivalent to what happens during a moderate drought, according to a USGS map.

And it looks like it will remain dry through Monday, at least in Neptune, according to the National Weather Service.

Check out these maps:

[Note: the DEP drought monitoring indices rate stream flow and groundwater as “extremely dry” – but curiously, the declared drought status is “normal”]

The stream flow data reflects an unusual weather pattern, written about by Stephen Stirling the “Weather Guy” at NJ.com – This is the same “blocking pattern” that brought Superstorm Sandy, another example of extreme weather:

see:  Same type of weather pattern that brought N.J. Sandy will produce beautiful conditions across state this week

A blocking weather pattern has set itself up over the continental United States and New Jersey is in the sweet spot. A blocking weather pattern centers around a ridge of high pressure that locks itself in place, slowing and redirecting the typical train of storm systems across the country.

Some scientists  – including at NOAA – suggest that the unusual “blocking pattern” is linked to climate change and related to melting of arctic sea ice and is another driver of “extreme weather”.

If that “blocking pattern” lasts for awhile, NJ could be slipping into an early drought cycle – a spring drought would create deficits going into a potentially dangerous dry summer, more of NJ’s cycle of “lurching from drought to flood”.

If an extended dry period were to occur, NJ is unprepared for drought.

The legally mandated update of the Water Supply Master Plan is many years over-due and nowhere in sight. DEP has been promising to update the plan for years, with no action and no accountability for lack of action.

Curiously, the public members of NJ’s Water Supply Advisory Council are totally silent in calling for DEP to act, a disturbing sign of abdication of their public responsibility .

As we wrote, these are highly significant issues for NJ:

Since the last Plan Update in 1996, there have been major changes on the ground that effect water supply management:

  • water demand has soared due to population increase, more McMansion residential lawn watering, swimming pools, and golf course and agricultural irrigation;
  • water supply has been reduced due to landscape changes, higher temperatures, less rainfall, less groundwater recharge, and higher pollution levels that eliminate summer river flows in the Passaic, Pompton, Hackensack, and Raritan rivers for water supply purposes;
  • An aging infrastructure has gotten older and leakier – a multi-billion dollar infrastructure deficit has gone unfunded;
  • over 300,000 acres of forests, wetlands, and farmlands have been lost to development, which significantly modifies the hydrological cycle;
  • The ecological effects of diminished stream/river flows; loss of wetlands, riparian buffers, and vernal pools; and declining groundwater levels have become pronounced;
  • The Highlands Master Plan process documented significant deficits in many watersheds;
  • new science on water quality and unregulated pollutants has documented increasing public health and ecological risks; and
  • global warming is increasing temperatures and changing rainfall, snowfall, and spring snowmelt patterns, thus altering fundamental hydrology and creating new demand and stressors.

So, if the dry pattern continues, will that wake DEP and the WSAC members up?

To issue that wake up call, we will repost some of the huge issues involved (don’t bother hitting the links to the outdated 1996 Water Supply Plan, DEP took down those documents to cover their tracks!)

We leave now with a list of just a few of the benefits and controversial issues that must be addressed in the Water Supply Master Plan Update:

1. Revisions of Safe Yields and Minimum Passing Flows in light of new hydrological and climate data, including revisions to the NJ Geological Survey Technical Memorandum 09-3  “The Hydrological Integrity Assessment Process in New Jersey”

2. Revisions of Safe Yields and Minimum Passing Flows to address Ecological Flow Goals protections and cumulative impact methodology, including new restrictions on hydro-modification of wetlands systems and alteration of stream base flow, as illustrated by the Berlin Boro well case– NJ Geological Survey GSR 29 “GUIDELINES  FOR PREPARING HYDROGEOLOGIC REPORTS FOR WATER-ALLOCATION PERMIT APPLICATIONS”;

3. Establishing Cumulative impact thresholds and ecological standards for allowable withdrawals ingroundwater dependent areas, in consideration of currently unregulated withdrawals (see this historical classic);

4. Developing a management program to better restrict and impose allocation requirements on farmers.

Under current rules, a DEP issued water allocation permit is NOT required for agricultural uses, regardless of volume or impact. An Agricultural Water Usage Certification or Agricultural Water Use Registration must be obtained from the County agricultural agent if a person has the capability to withdraw ground and/or surface water in excess of 100,000 gallons per day for agricultural, aquacultural or horticultural purposes.

5. Financing necessary infrastructure upgrades and maintenence;

6. Strengthening the regulatory framework for emerging water quality and pollution issues.

7. Creating a reasource water protection policy and implementing it in DEP programs;

8. Water conservation requirements, with effective monitoring and regulatory teeth;

9. Expanded hydrological monitoring network and more robust drought indicators;

10. Beefing up DEP resources and strengthening their control over private water companies;

11. Getting the Passiac/Hackensack Safe Yield Study on track;

12. Improved integration of water supply issues in DEP land use and water resource permit programs;

13. Improving science, monitoring, and data capabilities and coordination with the Highlands Council and RMP;

14. Educating the public on the need for water conservation.

15. Developing enforceable watershed specific and ecologically sustainable water budgets.

We welcome your additions to this list, as well as thoughts on how to address each concern.

Links to Water Supply Plan:


WATER SUPPLY PLANNING

New Jersey Statewide Water Supply Plan (Pdf Format)Planning document for water supply

August 1996

New Jersey Statewide Water Supply Plan Appendices (Pdf Format)
Planning document for water supply

August 1996

New Jersey Statewide Water Supply Plan Executive Summary (Pdf Format)Planning document for water supply

August 1996

New Jersey Statewide Water Supply Plan Ma

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Orwell: On Dunes and “Seaside Recreation Platforms”

May 2nd, 2013 No comments

natural dunes on Long Beach Island, NJ

 

Certainly, what we call things matters. And when we fail to acknowledge the difference between natural and man-made structures, we gloss over the immense influence we currently exert on our environment. ..

Orrin Pilkey calls many extremely hard nourished beaches something like “seaside recreation platforms” because they have few other features in common with real beaches, especially those in Florida in which the dredging has brought ashore a lot of shell and fines that cement the sand into a concrete-like surface.  ~~~ Climatide

 

My head continues to exlode as I read of all the Governor’s so called passion and commitment to “dunes”.

So, just what is a “dune”?

If it looks like a dune and acts like a dune, is it a dune?

Is what the Governor talking about really a coastal “dune”?

Or some nostalgic notion shaped by a carnival barker, Snooki and Springstein?

Man made engineered dunes are costly, do not protect homes from flooding, create a false sense of security, undermine natural coastal processes, and invite even more over-development in harm’s way. DEP’s own Coastal Hazard Assessment Reports (309 Assessment) used to say all that, but not anymore!

“If I was king, we would restore dunes, but we wouldn’t rebuild destroyed homes close to the beach, and we’d move some buildings back anyhow,” said Orrin H. Pilkey, the James B. Duke Professor Emeritus of Earth and Ocean Sciences at Duke University. “We would also put in regulations prohibiting intensification and development.” ~~~ NY Times

But, more narrowly, for an otherwise excellent discussion of this issue from some wise people from Cape Cod, see:  The difference between dunes, escarpments, and piles of sand 

Similar scientific and values questions are being asked on Long Island – but I’m not aware of that discussion in NJ – an absence of debate that is as troubling as the Governor’s demagoguery (that continues to be uncritically reported by NJ press lapdogs).

[Note: The USGS makes it clear that natural dune processes are not consistent with fixed development – including man made “dunes”. USGS  scientists also note – contrary to repeated misleading statements by the Governor Christie  – that dunes are not a panacea in terms of providing protection to development:

“Coastal dunes are our last line of natural defense from the onslaught of storms and rising seas,” said USGS Director Marcia McNutt. “They are dynamic features that retreat from the battering of major storms like Sandy and rebuild in the aftermath; their natural cycle is inconsistent with immobile development.” …

“We found that there was widespread dune erosion and overwash,” Hapke said. “On average, where the dunes were not completely overwashed, they eroded back 70 feet — the equivalent of 30 years of change. Our research also showed that dunes lost as much as 15 feet of elevation.

The NJ coast is a highly managed project of engineering.

Accordingly, the NJ DEP CAFRA regulations define a “dune” as follows:

“Dune” means a wind-or wave-deposited or man-made formation of sand that lies generally parallel to and landward of the beach, and between the upland limit of the beach and foot of the most inland slope of the dune. Dune includes the foredune, secondary and tertiary dune ridges, and all landward dune ridges and mounds, as well as man-made dunes where they exist. A small mound of loose, windblown sand found in a street or on part of a structure as a result of storm activity is not considered to be a dune.

Or, more accurately, a “seaside recreation platform” – SRP!

Christie "on the beach" - I like the mat, "royal" blue, fit for a King! (Source: Gov. Christie's Office)

Source: Record, AMY NEWMAN / STAFF PHOTOGRAPHER

 

a pile of sand in Sea Bright

 

piles of sand in Cape May

Source: - Thomas P. Costello, Asbury Park (N.J.) Press)

 

Construction of a beach club pool in Spring Lake as the six month anniversary of Hurricane Sandy approaches. Spring Lake, NJ 4/25/13 (Tony Kurdzuk/The Star-Ledger)

Sea gull takes shelter from dredge in Atlantic Highlands marina

 

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I Think They Got Their Money’s Worth

May 1st, 2013 No comments

It’s that time of year again – just filing the NJ PEER annual Report for a tiny – and I mean tiny – grant from a NJ based funder. It amounts to about $20 per day – not per hour, per day! That’s a little over $1 per hour.

I rarely blow my own horn, but foundation grant money is getting extremely scarce, and curiously, other far less effective groups are getting fat. So below is just the main stream media we drove, submitted as part of this year’s Final Report. And these are not cheap sound bite media or generated by trolling press row, but based on and reflective of the substantive policy expertise, analysis, and advocacy we bring.

(and this list does NOT include: 1) the actual work we conducted across the state, 2) the legislative and regulatory testimony, 3) the PEER press releases, 4) the TV and radio interviews, 5) a major upcoming investigative documentary we worked on (to be broadcast nationally late summer) 6) the hundreds of posts here at Wolfenotes read by thousands of people, and 6) the thousands of emails and phone calls).

So, if there’s a funder out there who’s looking to fund an effective group, give us a call. We’re hungry, and we produce.

EXPANDED ROLE FOR INDUSTRY DOESN’T HOLD WATER WITH ENVIRONMENTALISTS

http://www.peer.org/news/press-clips/2013/01/24/expanded-role-for-industry-doesn%E2%80%99t-hold-water-with-environmentalists/

NJ BILL COULD CHANGE REGULATION OF DRINKING WATER CONTAMINANTS

http://www.peer.org/news/press-clips/2013/01/24/nj-bill-could-change-regulation-of-drinking-water-contaminants/

RUSH TO REBUILD COULD BE COSTLY

http://www.peer.org/news/press-clips/2012/12/20/rush-to-rebuild-could-be-costly/

U.S. EPA COMMITS TO MORE DREDGING AT POMPTON LAKE

http://www.peer.org/news/press-clips/2012/12/20/u.s.-epa-commits-to-more-dredging-at-pompton-lake/

GOVERNMENT WATCHDOG GROUP SEEKS EPA IG SCRUTINY OF RAIL SPILLS

http://www.peer.org/news/press-clips/2013/01/02/government-watchdog-group-seeks-epa-ig-scrutiny-of-rail-spills/

SOME RESPONDERS SAY GLOUCESTER COUNTY WAS UNPREPARED FOR PAULSBORO CHEMICAL EMERGENCY

http://www.peer.org/news/press-clips/2012/12/27/some-responders-say-gloucester-county-was-unprepared-for-paulsboro-chemical-emergency/

SWEENEY: PAULSBORO TRAIN DERAILMENT SITE COMMUNICATION GETS ‘F’ FOR FRUSTRATION

http://www.peer.org/news/press-clips/2012/12/11/sweeney-paulsboro-train-derailment-site-communication-gets-f-for-frustration/

JERSEY SHORE DEVELOPMENT FAILURES EXPOSED BY HURRICANE SANDY

http://www.peer.org/news/press-clips/2012/12/11/jersey-shore-development-failures-exposed-by-hurricane-sandy/

CRITICS: CHRISTIE DEEP-SIXED CLIMATE CHANGE PREP

http://www.peer.org/news/press-clips/2012/12/11/critics-christie-deep-sixed-climate-change-prep/

ADMINISTRATION FAILS TO PUSH REVISED STATE PLAN THROUGH AT CONTENTIOUS HEARING

http://www.peer.org/news/press-clips/2012/11/14/administration-fails-to-push-revised-state-plan-through-at-contentious-hearing/

HURRICANE SANDY DAMAGE AMPLIFIED BY BREAKNECK DEVELOPMENT OF COAST

http://www.peer.org/news/press-clips/2012/11/13/hurricane-sandy-damage-amplified-by-breakneck-development-of-coast/

GOVERNMENT REBUILDS WITH LITTLE REGARD FOR NEXT STORM

http://www.peer.org/news/press-clips/2012/11/13/government-rebuilds-with-little-regard-for-next-storm/

STATE AGENCY WAIVES ENVIRONMENTAL RULES TO SPEED REBUILDING AFTER STORM

http://www.peer.org/news/press-clips/2012/11/07/state-agency-waives-environmental-rules-to-speed-rebuilding-after-storm/

ENVIRONMENTAL GROUP GATHERING SIGNATURES TO FIGHT BULL’S ISLAND TREE REMOVAL

http://www.peer.org/news/press-clips/2012/09/22/environmental-group-gathering-signatures-to-fight-bull%27s-island-tree-removal/

STATE MANAGEMENT PLAN TO DECIDE FATE OF CENTURIES-OLD TREES AT BULL’S ISLAND STATE PARK, WHERE FALLING TREE KILLED CAMPER

http://www.peer.org/news/press-clips/2012/09/19/state-management-plan-to-decide-fate-of-centuries-old-trees-at-bull%27s-island-state-park,-where-falling-tree-killed-camper/

NOVARTIS AND MAYOR SPAR OVER SUPERFUND SITE

http://www.peer.org/news/press-clips/2012/09/14/novartis-and-mayor-spar-over-superfund-site/

DELAWARE AND RARITAN CANAL COMMISSION ASKED TO DENY BULL’S ISLAND PLAN

http://www.peer.org/news/press-clips/2012/08/18/delaware-and-raritan-canal-commission-asked-to-deny-bull%27s-island-plan/

B.L. ENGLAND GENERATING STATION’S PLANS TO SWITCH TO NATURAL GAS WILL TAKE PLENTY OF TIME, EFFORT AND MONEY

http://www.peer.org/news/press-clips/2012/08/20/b.l.-england-generating-station%27s-plans-to-switch-to-natural-gas-will-take-plenty-of-time,-effort-and-money/

EPA MUST FORCE THE DEP’S HAND

http://www.peer.org/news/press-clips/2012/08/17/epa-must-forcethe-dep%27s-hand/

CHRISTIE ADMINISTRATION HAS YET TO DO ENOUGH TO STEM BARNEGAT BAY POLLUTION

http://www.peer.org/news/press-clips/2012/08/15/christie-administration-has-yet-to-do-enough-to-stem-barnegat-bay-pollution/

NEW RESEARCH SHOWS BARNEGAT BAY COULD BE DECLARED LEGALLY ‘IMPAIRED’

http://www.peer.org/news/press-clips/2012/08/14/new-research-shows-barnegat-bay-could-be-declared-legally-%27impaired%27/

MARK IN THE MORNING: N.J. FULL OF NATURAL RESOURCES, HISTORY THAT ARE WORTH PRESERVING

http://www.peer.org/news/press-clips/2012/08/06/mark-in-the-morning:-n.j.-full-of-natural-resources,-history-that-are-worth-preserving/

COMMUNITY GROUPS TO URGE GOV. CHRISTIE TO NOMINATE THE POMPTON LAKES DUPONT SITE AS A FEDERAL SUPERFUND SITE

http://www.peer.org/news/press-clips/2012/08/02/community-groups-to-urge-gov.-christie-to-nominate-the-pompton-lakes-dupont-site-as-a-federal-superfund-site/

FEDS TO OK DUPONT’S CLEANUP PLAN

http://www.peer.org/news/press-clips/2012/08/01/feds-to-ok-dupont%27s-cleanup-plan/

SCIENTISTS RAISE ALARM AS STATE CONSIDERS DROPPING PARTS OF BARNEGAT BAY FROM POLLUTION LIST

http://www.peer.org/news/press-clips/2012/07/28/scientists-raise-alarm-as-state-considers-dropping-parts-of-barnegat-bay-from-pollution-list/

BARNEGAT BAY: NO NEED FOR SPECIAL CLEANUP SAYS STATE

http://www.peer.org/news/press-clips/2012/07/27/barnegat-bay:-no-need-for-special-cleanup-says-state/

DESPAIR OVER ‘IMPAIRED’ LIST

http://www.peer.org/news/press-clips/2012/07/27/despair-over-%27impaired%27-list/

AMBITIOUS PROGRGAM TO REDUCE DIESEL POLLUTION RACKS UP ONE RETROFIT

http://www.peer.org/news/press-clips/2012/07/03/ambitious-progrgam-to-reduce-diesel-pollution-racks-up-one-retrofit/

B.L. ENGLAND POWER PLANT CONVERSION TO DRAMATICALLY REDUCE EMISSIONS OVER FOUR YEARS

http://www.peer.org/news/press-clips/2012/06/21/b.l.-england-power-plant-conversion-to-dramatically-reduce-emissions-over-four-years/

EPA TO LOOK INTO N.J. DEP CHIEF’S CANCELLATION OF $429K FINE FOR PARSIPPANY TREATMENT PLANT

http://www.peer.org/news/press-clips/2012/06/14/epa-to-look-into-n.j.-dep-chief%27s-cancellation-of-$429k-fine-for-parsippany-treatment-plant/

EPA OK WITH N.J. POLLUTION POLICING

http://www.peer.org/news/press-clips/2012/06/14/epa-ok-with-n.j.-pollution-policing/

DEP CUT $430,000 PARSIPPANY FINE TO $0

http://www.peer.org/news/press-clips/2012/06/13/dep-cut-$430,000-parsippany-fine-to-$0/

NJ TOWN IN FEAR OVER 30 YEAR OLD TOXIC MESS

http://www.peer.org/news/press-clips/2012/06/11/nj-town-in-fear-over-30-year-old-toxic-mess/

NEW JERSEY COMMUNITY DEVASTATED BY CONTAMINATED WATER

http://www.peer.org/news/press-clips/2012/05/14/new-jersey-community-devastated-by-contaminated-water/

NJ ENVIRONMENTAL FEDERATION AND CHRISTIE — A RELATIONSHIP ON THE ROCKS

http://www.peer.org/news/press-clips/2012/05/04/nj-environmental-federation-and-christie—-a-relationship-on-the-rocks/

N.J. ENVIRONMENTAL FEDERATION: ‘D’ ON CHRISTIE POLICIES

http://www.peer.org/news/press-clips/2012/05/03/n.j.-environmental-federation:-%E2%80%98d%E2%80%99-on-christie-policies/

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