Fenimore Fools

Highlands Council Chairman Jim Rilee

Highlands Council Provided Sham Exemption to Fenimore landfill

Highlands Council could find DEP landfill plan inconsistent with Regional Master Plan

[Update below]

Full disclosure at the outset: I do not respect Highlands Council Chairman and Roxbury Mayor Jim Rilee

In fact, I opposed his NJ Senate confirmation as Highlands Council Chairman and questioned his veracity and integrity in testimony before the Senate Judiciary Committee – and I stand by that today.

So, tonight – between the second and third period of the Cornell – Clarkson ECAC quarterfinal hockey playoff game – I just read of Rilee’s strong words in his opposition to DEP’s plan to close the Fenimore landfill, reported in Rilee’s hometown Morris Daily Record:

Roxbury mayor, Bucco blast DEP

“We were extremely disappointed with the presentation made by DEP officials at our council meeting on Tuesday,” wrote Rilee, who also serves as the chairman of the New Jersey Highlands Council. “The health and safety of Roxbury residents must be the most important consideration in determining how to repair the significant damage done to our community because of the reopening of the landfill. Clearly, the DEP was not adequately prepared to respond to questions from residents.” …

“We are outraged that the DEP failed to provide adequate supporting data showing their remediation plan is the most effective way to protect the health and safety of Roxbury residents,” Rilee wrote. “The council demands that the state provide factual evidence that they are working on a solution that will ensure clean air and clean water for Roxbury’s residents. Anything less is completely unacceptable.”

Simply speaking, Rilee is full of shit – and he went a really long way in lying to the people of Roxbury about it all.

Despite the fact that Chairman Rilee properly recused himself from the vote, Rilee relies on a Highlands Council decision.

That decision all boils down to this Highlands Council exemption that Rilee relies upon – which is just flat out wrong. Let me explain.

According to the Highlands Council:

The closure of the [Fenimore] landfill qualifies for Exemption #15 under the Highlands Act (project is located in the Preservation Area and NJDEP is the regulatory authority to issue Exemption #15, which is for the remediation of contaminated sites). Thus, the landfill closure is not addressed by the Highlands Council Consistency Determination and Final Recommendation Report.

But the Fenimore landfill does not qualify for exemption #15.

By the plain language of the Highlands Act, Exemption #15 of the Highlands Act applies ONLY to “Industrial Site Recovery Act“ (AKA “ISRA”, or  cited as P.L 1993, c. 139) regulated facilities.

Here is the language of exemption #15 under the Highlands Act – note that it is specific to sites regulated under just one law:

(15) the remediation of any contaminated site pursuant to P.L.1993, c.139 (C.58:10B-1 et seq.);

The Fenimore landfill is NOT an ISRA facility, the landfill closure and remediation are not conducted pursuant to ISRA,  and is therefore NOT exempt under exemption #15.

It is as simple as that – the Highlands exception was totally bogus. Mr. Rilee is misleading the public about all that.

I know, I was an author of the Highlands Act.

All Chairman Rilee would have to do is have the Highlands Council declare that the DEP plan is inconsistent with the Highlands Act, regulations, and Regional Master Plan and that would kill it.

I  visited and photographed the Fenimore site (scroll down) before the controversy emerged; dabbled in the Fenimore landfill issues and have supported the residents there,  so I was frustrated by just reading the completely misleading and hypocritical bullshit Mr. Rilee spewed in attacking DEP – and readers know I am no fan of the current DEP crew or the Fenimore plan.

Let me explain and make this very simple here right now for tonight, because I’m coming off a huge Cornell win in overtime and I really don’t have adequate time to research and write this issue up properly.

Perhaps Mr. Rilee – as Chairman – should read Section 81 k. of the Highlands Act – I wrote it.

It requires that all DEP remediation – including landfill closure – be  consistent with the Highlands Act, regulations, and Regional Master Plan (with the exception of ISRA sites exempted under #15).

For clarity, here is the text, with a link to the Act:(@ p. 131):

This is not even close.

The Fenimore landfill closure plan is issued by DEP pursuant to the Solid Waste Management Act,(and other remedial laws cited in Section 81), laws which were specifically  included in Section 81.

[Note: The DEP’s consultant’s presentation notes the regulatory basis for the closure plan:

• There are Federal (40CFR258.60) and State (N.J.A.C.7:26‐2A) Regulations that govern landfill closure. 

The State landfill closure regulations are adopted by DEP pursuant to the NJ Solid Waste Management Act. – end note]

Under section 81 of the Highlands Act, that DEP landfill closure plan must be reviewed by the Highlands Council for consistency with the RMP.

The Highlands Act exemption #15 applied by the Highlands Council and cited Mr. Rilee clearly was not valid.

In contrast, the plain language of Section 81 was written to give the Highlands Council review powers over remediating of landfill sites in the Highlands.

How is it possible that this basic first inning issue has been missed for so long? By so many people? Where the hell was the Highlands Coalition?

And thank goodness Cornell won in overtime! It’s off to Lake Placid next weekend!

[Update: 3/17/14 – I need to clarify a few points.

The Highlands Council did not grant exemption 15, DEP did. But the Council did not challenge that exemption and instead recognized it for purposes of their review of the solar installation.

But all that is in the past.

Going forward, based on new information and a citizen’s challenge to their legal interpretation of the Act, the Council could assert jurisdiction over the DEP landfill closure plan pursuant to Section 81 authority I cite above.

The Council would then conduct a consistency review – it would be very difficult for DEP to demonstrate that the proposed closure plan would comply with the surface and groundwater non-degradation policy of the Highlands Act, as well as DEP’s own surface and groundwater quality standards. – end update]