DEP’s “Strong Man” Strong Arms Roxbury – Martin’s Fingerprints on Fenimore

Report Documents That Gov. Christie’s Policy & Politics Drove Fenimore Landfill Fiasco

“Customer Service”, Reducing Red Tape, and Promoting Economic Development at DEP

DEP Commissioner Bob Martin - a "strong manager"

DEP Commissioner Bob Martin – a “strong manager”

3.4  Email from Gary Sondermeyer of the DEP to Richard Bernardi of SEP suggesting he find the “Environmental Transition Team” Report prepared for Governor Christie and his Executive Order #2 (Red Tape Task Force) (sic) in order to pursue a “different way” of future permitting to provide incentives for “green projects”  […]

3.7  Email from Gary Sondermeyer of the DEP to Richard Bernardi of SEP after complaints of delays and being behind schedule. Sondermeyer says he will help with the “logjam” and suggests Bob Martin as the new Commissioner of the DEP is a “strong manager” supportive of renewable energy projects, “the likes of which we never had” 

[Important Updates below]

Thus far, press reports and citizens complaints in Roxbury regarding the Fenimore landfill fiasco have accused DEP of “bureaucratic bungling” and incompetence.

But a Report released yesterday by the group REACT discloses and provides excerpts from numerous DEP emails and documents that suggest that it was Gov. Christie’s regulatory policy, strong armed top down intimidating management, and politics – not staff incompetence and bungling – that pressured DEP staffers to cut corners to promote the SEP disposal and redevelopment project.

The Report reveals DEP’s effort to promote the project, including considering how to “waive” regulations, garner a Highlands exemption, and withhold information from the public.

DEP emails show that early on, DEP’s longtime Chief of Staff, Gary Sondermeyer, reached out to the landfill owner to suggest that

he find the “Environmental Transition Team” Report prepared for Governor Christie and his Executive Order #2 (Red Tape Task Force) (sic) in order to pursue a “different way” of future permitting to provide incentives for “green projects” 

Keep in mind that this landfill owner was a convicted felon, barred by NJ law from the solid waste industry.

Sondermeyer went further to tout not only Gov. Christie’s new regulatory policies, but to praise Christie’s new DEP Commissioner. According to the Report, Sondermeyer wrote:

Bob Martin as the new Commissioner of the DEP is a “strong manager” supportive of renewable energy projects, “the likes of which we never had” 

One email from Martin’s Assistant Commissioner documents direct involvement by Gov. Christie’s Office:

Email from Jane Kozinski of the DEP to Richard Bernardi of SEP discussing viability of the Fenimore project and scheduled meeting with the Governor’s office 

There are other emails that show incompetence and inappropriate intervention in DEP regulatory reviews – or worse – by Martin’s unqualified  political appointee Cindy Randazzo.

Based on a quick read of REACT’s Report, this project received the highest level support and top down management.

There are numerous examples of DEP’s failure to comply with their own regulations and consider science and their obligations to protect public health and the environment, in their reckless pursuit of expediting approvals (AKA “customer service” and “slashing job killing red tape” and “changing the culture of the bureaucracy” according to Gov. Christie and Bob Martin’s DEP Transformation Plan).

Those kind of mistakes don’t come from the DEP career staff and scientists – they are dictated by incompetent political hacks like Bob Martin. Like his boss, Gov. Christie, Martin intimidates staff and they just follow orders to preserve their careers.

Ed Putnam began his career in the DEP’s publicly funded cleanup program and has been there for over 30 years – you think Ed didn’t know that DEP was making huge mistakes at the Fenimore site? You think Ed doesn’t know what real community involvement is? But does Martin’s political hack appointment Cindy Randazzo, who “managed” community relations, understand any of this?

Similarly, Bob Confer was in the RCRA waste classification program when I arrived at DEP in 1985 – you think Bob doesn’t know the regulations he was disregarding, bending, and breaking?

DEP “Customer Service” Commissioner Martin’s fingerprints and Gov. Christie’s regulatory policies are all over this, so I hope those issues are probed in detail by oversight hearings of the the Senate and Assembly  Environment Committees, whose Chairs have written the Governor to request an investigation.

In the meantime, please read the REACT Report for the full monty.

Once you get past the first section about how DEP knowingly allowed a convicted felon to own and operate a landfill (which is prohibited by NJ law), while keeping critical information secret, bombshells like this continually go off – some directly linking the project to Gov. Christie’s  Office and improper involvement by political appointees at DEP:

8.3  Email from Deputy Attorney General Robert Kinney to the DEP, SEP, and Roxbury Township to discuss the asbestos issue along with methane presence. Residents were never notified of these issues and their potential danger

[Full disclosure: in my prior work at DEP, I have worked with DEP managers Bob Confer & Gary Sondermeyer mentioned in the Report. PS, I had no role in the REACT report.]

[Update #1 – 5/23/14 – Awesome press account of Lois Gibbs’ talk:

[Update # 2 – 5/23/14 – Oh my, you can’t make this shit up.

A friend just shot me an email to let me know that Gary Sondermeyer was just recognized by those friends of mine over at NJ’s most ethically challenged outfit, Sustainable NJ, as  a “Sustainability Hero” for the month of April.

How can one group get their dirty hands in so many dirty pies and step in so much shit?  –

[Update # 3 – 5/26/14 – Shoes continue to drop with more damning documents – Star Ledger reports today that DEP backed off sampling of of 39 homes adjacent to landfill for methane – AG’s office reversed a prior DEP requirement. It is unclear why AG reversed DEP staff requirements – whether the AG intervened for political, legal, or scientific reasons, see:

[Update #4 – 5/26/14 – The Roxbury crew gets in Gov. Christie’s face – this isn’t going away anytime soon, see:

 

end updates]

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713 Responses to DEP’s “Strong Man” Strong Arms Roxbury – Martin’s Fingerprints on Fenimore

  1. amarkworth says:

    I wrote those sections of the REACT report. The info we found thru opra is damning. Hopefully the senators have a field day with their investigation. If not, it will be time to get U.S. Attorney Fishman involved.

  2. Bill Wolfe says:

    @amarkworth
    That was an impressive report, particularly from a citizens group. Nice job! You almost have a Mastro Report indicting the Gov!!!

    One suggestion would be to put dates on all the emails you cite.

    Can you make pdf’s of the emails and post them?

    It is important to emphasize the direct links to the Gov.’s Office, to the Gov.’s regulatory policies, and to Martin’s mandates.

  3. amarkworth says:

    Thanks for the feedback. We do have pdf files of all the emails we site. They are in the 47mb 1300 page download on the REACT site that is the exhibits for the report. When I wrote sections, I put everything in chronological order so the history of their actions was intact. Bob Confer is the one who seems to have been on point at the DEP when it came to Fenimore issues, but Martin must have been pulling the strings.

    EXHIBITS: http://fenimorelandfill.com/wp-content/uploads/2014/05/Exhibit-Final-v1.pdf

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